Auction Terms & Conditions Auction Terms & Conditions
By registering for this auction you agree to the following terms and conditions. This is a legal binding contract between you, referred to as the “bidder” and KJ's Needful Things, LLC referred to as the “Auction House”.
1. ITEM CONDITION: The bidder acknowledges all items are sold “AS-IS” and “WHERE IS”. The Auction Houses makes no guarantee to the condition or usability of items up for auction. The Auction House will make its best effort to write accurate descriptions of each items up for auction. This is a services provided to the Bidder. The Bidder does not hold the Auction House responsible for bidding and winning items that are broke or defected in same way. The Auction House strongly recommends that each Bidder attends the preview days provides so they can inspect each item they wish to bid on.
2. LOADING ITEMS: The bidder agrees to bring help to load larger items. The Auction House DOES NOT provide help for loading large items into vehicles or trailers dueto insurance purposes. The Auction House does not provide bags, paper, or other wrapping material when picking up lots which the Bidder has won.
3. PAYMENT: If the Bidder, or representative/agent of the Bidder, cannot pick up the items during the pick up date and times provided, then PLEASE DO NOT BID on any items. In the event that items are not picked up during the time slots, the Auction House reserves the right to charge the Bidders credit card on file for items' fees, buyers premiums, taxes, and any applicable fees (disposal fees, ect.). There is no storage available, so if an item goes unclaimed after the pick up times, the Bidder forfeits the items, the Bidders credit cards will be charged, no refunds given at the time the pick up window closes. If the items are not picked up during the pick up time slot, and the Auction House or their clients have not already disposed of the items, the Auction House still has access to the property, and the Bidder wishes to pick up their items there will be a travel fee of $50 to let the bidder into the property to pick up the lots they have won. If the Auction House has to pay to have these items disposed of, the Bidders credit card on file will be charged a reasonable disposal fee. There are no exceptions to these rules.
4. BUYERS PREMIUM: The Bidder understands that each item up for auction will have a buyer’s premium of 15% added to the price of each item. When placing a bid and winning items please take the buyers premium into account and bid accordingly. This means that if an item is sold at $100, the buyers premium would $15, and your total would be $115 (not including Michigan’s 6% sales tax).
5. SALES TAX:: Due to Michigan state law, there will be sales tax of 6% added to every lot won.
6. FAILURE TO PICK UP: The Auction House reserves the right to dispose of any items the Bidder has not picked up immediately after the pick up times. The Auction House reserves the right to determine the method of disposal which may or may not consist of waste disposal, resale or donation. The Bidder will be charged a reasonable disposal fee and their credit on file will be charged the full amount of items won, buyers premiums, and sales tax.. In the event a Bidder does not pick up items, the Auction House reserves the right to terminate their bidder status, and thus not letting the Bidder bid on any items in any future auctions.
7. INSPECTION/PREVIEW DAY: The Auction House will hold specific auction preview hours so all Bidders will have the chance to preview the lots they wish to bid on. We strongly recommend every person bidding on items to attend the preview days to inspect the items. Please note, the Auction House will not give refunds or returns for Bidders who bid and win items, but are unhappy with the condition of those items.
8. INFORMATION CHANGES: The Bidder agrees to let the Auction House know of any changes with their contact information or credit information as soon as the Bidder knows.
9. BIDDING ERRORS AND SOFTWARE MALFUNCTIONS: In the event you have made an error bidding, the Bidder must contact the Auction House immediately. The Auction House will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable.
10. AUCTION CHANGES: The Auction House reserves the right to change lots, pull items from the auction, combine lots, split lots, remove lots, increase, decrease or add reserve amounts, cancel the auction before, during or after the auction has closed or change any other auction options or settings at anytime without notice.
11. STAGGERED CLOSING AND SOFT CLOSING: The Auction House uses staggered closing which means that lots close within seconds of each other giving everyone a chance to view each item closing in real time. The Auction House also uses soft closing, which means that an auction item ends only after a specific time without any additional bids. This prevents against sniping and giving every bidder a fair chance at winning that item.
12. BIDDER NOTIFICATION: If the Bidder has won any items at the auction, the Auction House will notify them via email to let them know the items they have won and amount they owe. This is the only contact the Bidder will receive from the Auction House. Please make sure you check your email after the auction has closed. In the event the Bidder won an item at the auction and does not receive this email, contact the auction house at 248-505-5985. Please check your spam file if you do not find it.
13. THIRD PARTY LIABILITY: The Bidder will not hold the Auction House liable for any action done by a third party. This includes, but is not limited to actions done by the fellow Bidders, Auction House clients, friends and family of the clients of the Auction House, or any person who commits a crime (I.E. breaking in an stealing or vandalizing auction lots) before, during, or after the auction has finished.
14. REMOVING ITEMS: The Bidder must remove the items safely. The Bidders agrees to pay all costs associated with damages that may happen when the bidder and/or their helpers are moving items. In the event the Bidder damages anything while removing the items, their credit card on file will be charged for all costs associated with fixing said damages.
15. AUCTION HOUSE LIABILITY: The bidders agree to not hold the Auction House responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Auction House asks the Bidder to watch their step inside the auction areas, as there may be some elevation changes or steps.
16. LEGAL RECOURSE: In the event an issue arises between the Bidder and Auction House, both the Bidder and Auction House agree to binding arbitration rather than litigation to resolve the dispute. The Bidder agrees to choose a venue located within Oakland County. The Bidder agrees that their dispute cannot be combined with any other person or party.
17. CLIENT RIGHTS: The clients of the Auction House have the right to bid on and win any items they have put to auction. The Clients agree to pay for all items and buyers premiums associated with any lots they have won.
18. These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you, the Bidder, and the Auction House made in the past or present.
19. You are bidding on what is described. There may be items in the background, but those are not included in the lot unless specifically told otherwise.
20. The Auction House reserves the right to enforce the rest of our terms and conditions.
21. Contact Information: Kristina Johnson (248) 505-5985
EMAIL: firstname.lastname@example.org WEBSITE: www.kjsneedfulthings.com
22. MSRP's: The MSRP is the value given to us by the retailer we are auctioning off content for. This number was their retail value, and may or may not be the actual MSRP given from the manufacturer.
23. RETAIL ITEMS: Items may have a line crossed out through any tag or barcode after photos have been taken. We will do this after photos have been taken. This is to make sure items can not go through the return process again. Furthermore, the Bidder agrees to not return any items bought through our auction to any retailer.
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.
REGISTRATION OBLIGATIONS 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 AUCTIONS 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 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 AuctioneerSebae 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.
BIDDING 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.
COPYRIGHT 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.
INDEMNITY 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.
LEGAL COMPLIANCE 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.
GENERAL INFORMATION 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.
Seller User Terms
Bidder User Terms