Auction Terms & Conditions
By registered on, and/or bidding on an item through, our website [www. AuctionNetwork.ca] (the “Website”) you confirm that you agree to these Terms and Conditions.
In order to bid on the Website you must register on the Website.
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Auction Network (“Auction Network”) (“we” and/or “us”, etc) and you ("you”).
In addition, when you use any current or future Auction Network service or visit or purchase from any business affiliated with Auction Network, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with Auction Network’s terms, such terms will prevail.
BIDDING; CONDUCT OF SERVICES
In order to bid on an auction on the Website you must register for the Website, which requires a valid drivers license, valid credit card, photo ID and detailed personal information. Please have this available upon registration. We reserve the right to reject any bid, at any time and without reason or explanation.
All sales are final and there are no refunds, no exchanges, no retraction of bids and no returns accepted. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the sellers.
The method and procedure of any auction on the Website is at the sole discretion of Auction Network. You are able to inspect things that are available for bidding (“Lots”) in person which you should do in order to determine its condition, size and whether or not it has been repaired or restored. By placing a bid online you agree that you have either inspected the respective Lot, or have waived your right to do so. Payment may be made by cash, Visa, MasterCard, Debit and E-Transfer. A buyer’s premium of 18% will be added to the bid price, plus applicable taxes. All items must be paid for in full on the same day as the auction.
A minimum deposit of 50% of any successful bid may be requested at any time during the auction. It is your responsibility to check with the Auction Network clerk and comply with any deposit requests made at the time of purchase. In the event you do not provide the requested deposit, full payment will become due and payable immediately. You may be contacted by email if you are bidding online when a deposit is required. Deposit must be made as requested to enable further bidding privileges. Deposits will be charged to the credit card on file at any time during the auction sale. A pre authorization deposit may be taken from your card posted on the Website at any time during the auction sale without notice as a further deposit against your purchases.
If you choose to bid on a Lot through the website we will make best efforts to provide auction services to the best of our ability. However, we make no warranty with regards to your satisfaction with any services or products.
You will be responsible for paying any shipping, insurance, postage and delivery costs in addition to any final purchase and hammer prices. All items will be shipped via PAKShip unless otherwise instructed on the day of the auction sale. All items must be removed from the Auction Network premises on the same day as the auction sale. All items for shipping must be arranged by the close of the auction sale.
We reserve the right to bid on behalf of the sellers at any time during the auction sale and without notice to the registered bidders and to further protect any items that may carry a moderate reserve or opening bid by bidding on the item or withdrawing the item from the sale at any time during the bidding process.
The highest bidder acknowledged by Auction Network will be the purchaser. In the event of any dispute between bidders or in the event of doubt on our part as to the validity of any bid, we will have the final discretion to determine the successful bidder, cancel the sale or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive.
Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer’s hammer, title to the offered Lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon (a) assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames or glass covering prints, paintings or other works), and (b) will immediately pay the full purchase price as required. Interest at the rate of 24% per annum (compounding monthly) will be charged on overdue accounts owing to us.
The purchaser will not be entitled to possession of any Lot purchased from Auction Network until the total purchase price of the Lot, any other lots and any other Lots from outstanding invoices (due to Auction Network) have been fully paid. In the event that you fail to pay the full purchased price for any lot(s) within the prescribed time, or fail to comply with any of the “Terms of Sale”, you may be sent to collections and/or sued in the Small Claims Court and/or Superior Court. In addition, any paid amount for previous invoices and Lots (by the purchaser and not in their possession) will be treated as a deposit towards outstanding invoices without notice.
All items purchased by back bidders or on a second chance offering will be available for pick up through you own delivery arrangements for the designated distribution center if not already on the Auction Network premises. Any items that are offered for auction and not in the possession of the Auctioneer or on the premises will be delivered within 30 days or more with notice to the purchaser.
By bidding you authorize us, sellers, or any other affiliated companies to charge your credit card the full amount of any purchases made and or assigned to your registered Website account in the event you do not pay the full purchased price within the time specified. You understand and agree that your deposit will forfeited and may be applied to the account for the obligations due. Items not paid for in full, claimed, shipped, or picked up, in accordance with the terms and conditions of sale and within 7 days of the sale conclusion, will be considered abandoned and resold in a future auction sale without notice. Any deposits on hand will be forfeited and non-complying buyers/bidders will be blacklisted on future auction sales.
In the event of electronic failure for any reason during the auction sale, all items sold will be due and payable at the time of failure. We reserve the right to cancel the remainder of the auction sale in the event the electronic failure cannot be rectified in a reasonable time. Items maybe re-offered in a future auction sale.
No cameras, video, and or recording devices of any kind whatsoever are permitted in the auction sale without the advance consent of Auction Network.
Written and oral descriptions are the opinions of Auction Network, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Auction Network believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Auction Network attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from Auction Network that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the Lot in question.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise do our best to ensure the accuracy of the information on the Website, Auction Network does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Auction Network shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, Auction Network will issue a credit to your account in the amount of the charge. All items are subject to withdrawal from preview, from advertising and from the auction sale at the sole discretion of Auction Network without notice at any time.
All property is sold “AS IS”, “WHERE IS” without any representations or warranties by the Auction Network or its staff or the consignor as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description or the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption or liability. Auction Network and the consignor make no representation and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. We and the consignor are not responsible for errors and omissions in any catalogue or any supplemental material. We do not guarantee, any written or oral appraisals, certificates of authenticity, values, or retail replacement prices, that may accompany any item or may be orally stated by any auctioneer or employee, before, after and during any auction sale. Auction Network reserves the right to supplement all Terms & Conditions with verbal announcements at any time during the auction. All verbal announcements and terms form part of the terms and conditions between the seller and the bidders.
If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default, and in addition to any and all other remedies available to the auction company and its agents and consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges, and the expenses set forth herein, the auction company, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination there of. The purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses, and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, all defaulting purchasers will be deemed to have granted and assigned the deposit money to the Auction Network or its agents and consignors or any of their affiliated companies, and the auction company may retain and apply such money as collateral security for the obligations due. In addition to other remedies available to us by law, all unpaid items will be subject to a non-refundable service charge of 35% of the bid price plus buyers premium payable by the registered bidder.
You may contact Auction Network Customer Services by sending an email to Support@Auction Network.ca. You acknowledge that the provision of customer support is at Auction Network’s sole discretion, and that Auction Network shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “Auction Network” or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © AUCTION NETWORK
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Auction Network or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Auction Network. Modification or use of the materials for any other purpose may violate intellectual property rights.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Auction Network and agree to hold Auction Network harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
You agree to electronic communication for all of your transactions and communication with Auction Network and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, Auction Network will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize Auction Network to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Auction Network decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Auction Network to the address that you have most recently provided will constitute effective notice. Auction Network’s address for Legal Notices is:
1235 Bay Street, Suite 400
Toronto, Ontario, M5R 3K4
Auction Network respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auction Network with the written information specified below.
MODIFICATIONS TO TERMS AND SITES
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Auction Network; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Website or any recipient.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Website Content in any way. You understand and acknowledge that Auction Network does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Auction Network. Auction Network neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized Auction Network employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Auction Network or its content suppliers. All software used on the Website is the property of Auction Network or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. Auction Network may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auction Network with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Auction Network’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
1235 Bay Street, Suite 400
Toronto, Ontario, M5R 3K4
DISCLAIMER OF WARRANTIES
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM AUCTION NETWORK, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY AUCTION NETWORK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUCTION NETWORK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE VALUE OF THE PRODUCTS OR SERVICES SOLD OR CONTENT INCLUDED ON THE WEBSITE. AUCTION NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUCTION NETWORK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER AUCTION NETWORK, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF AUCTION NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
c. Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Site from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Auction Network or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
g. No Waiver. The failure of Auction Network to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Auction Network right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.