Auctacity, known as the Company, its website, and all other materials and information contained on www.auctacity.com are distributed and transmitted "as is" without warranties of any kind, either expressed or implied, including but without limitation, any warranty for information, services or products provided through or in connection with Auctacity, and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. This disclaimer of liability applies to any and all damages or injury caused by any error, omission, deletion, defect, interruption, failure of performance, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for a breach of contract, negligence, tortious behavior, or under any other cause of action.
You (as the visitor/user) agree the following:
Auctacity is not responsible for any damages, including without limitation, any special, indirect, incidental or consequential damages, that may arise from any use of, inability to use, or reliance on the site and/or the materials contained on the site whether the materials contained on the site are provided by Auctacity, or a third party. Information on this web site may contain technical inaccuracies or typographical errors. Auctacity may make updates, improvements and/or changes in the products and/or information described at any time without notice. Furthermore, Auctacity does not guarantee the accuracy or completeness of the information contained in this site. This site contains links to sites that are not maintained by Auctacity. Therefore, Auctacity is not responsible and has no control over the content of those sites, nor does Auctacity guarantee the content of such sites. All products, services, and deals mentioned by this site are subject to change without notice and are subject to restrictions, limitations, availability, conditions, and qualifications. Auctacity has no control over the legality of any coupons or other offers made by vendors (i.e. Selling Experts), the ability of any of the vendors to complete the sales or transactions in accordance with the offers, or the quality of the goods & services offered by the vendors. In the event that there is a dispute with a vendor in any way relating to this site or the use of information from this site, you agree to waive as well as release Auctacity from any and all claims, demands, actions, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. By using This Web Site (www.auctacity.com), you acknowledge these terms and conditions and agree to abide by them.
Account Terms
1. You must be eighteen (18) years or older in order to use this Service.
2. You must provide a valid email address and any other information needed in order to complete the signup process.
3. You are solely responsible for keeping your password secure. Auctacity cannot and will not be liable for any loss or damage as a result of your failure to maintain the security of your account and password.
4. You may not at any time use the Auctacity service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5. You are responsible for any and all activity and content (i.e. data, graphics, photos, links) that is uploaded under your Auctacity account.
6. You must not transmit anything of a destructive nature including but not limited to worms, viruses or any harmful code.
7. A breach or violation of any of the Account Terms as determined under the sole discretion of Auctacity will result in an immediate termination of services.
General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Auctacity.
1. We reserve the sole right to modify and/or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse or withhold service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
4. Auctacity does not warrant that the service will be continually uninterrupted, timely, secure, or error-free.
5. Auctacity does not warrant that all the results that may be obtained from the use of the service will be accurate or reliable.
6. You understand that your Content (aside from your credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is and will always be encrypted during transfer over networks.
7. We may, with no obligation, remove Content and Accounts containing Content that we determine in our sole discretion are either unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
8. Auctacity does not warrant that the quality of any products, services, information, or other materials purchased or obtained by the user through the Service will meet users expectations, or that any errors in the Service will be corrected.
9. You expressly understand and agree that Auctacity 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 resulting from the use of or inability to use the service.
10. In no event shall Auctacity or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). Users agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Auctacity partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney 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.
11. Technical support is offered but only provided to paying account holders and is only available via email.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the expressed written permission by Auctacity.
13. Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution) of any Auctacity customer, Auctacity employee, member, or officer will result in immediate account termination.
14. We will not and do not claim any intellectual property rights over the material you provide to the Auctacity service. All material you upload will remain yours. You can remove your Auctacity store at any time by deleting your account. Additionally, this will also remove all content you have stored on the Service.
15. By uploading images and item description content to Auctacity.com, you agree to allow other internet users to view them and you agree to allow Auctacity to display and store them, furthermore, you agree that Auctacity can, at any time, review all the content submitted by you to its Service.
Lot images other than the primary image will be purged from the system 60 days after the closing time of the auction.
16. Failure of Auctacity to exercise or enforce any right or provision of the Terms of Service shall and will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Auctacity and governs your use of the Service, thereby superseding any prior agreements between you and Auctacity (including, but not limited to, any prior versions of the Terms of Service).
17. You retain ownership over all content that you submit to a Auctacity auction. However, by making your auction public, you accept and agree to allow others to view your content.
18. Auctacity does not pre-screen Content, therefore, it is in their sole discretion to refuse and/or remove any Content that is available via the Service.
19. Further questions concerning or relating to the Terms of Service should be sent to bidboldly@auctacity.com.
Cancellation and Termination
1. Account cancellation is possible at anytime by emailing bidboldly@auctacity.com.
2. Upon cancellation of your account all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be mindful and sure that you do in fact want to cancel your account before doing so. Transactional history such as bid history, invoice, and payment records, will not be deleted as it relates to other Auctacity users, both buyers and sellers, and the financial history of the Company.
3. Furthermore, we reserve the right to modify and/or terminate the Auctacity service for any reason, without notice at any time.
4. Fraud: Without limiting any other remedies, Auctacity may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Buying
1. All bids placed represent a binding, contractual committal to pay up to the amount bid plus any applicable buyer's premium and sales tax.
2. No bidder may pick up items won without demonstrating proof of payment to the auction seller. No exceptions.
3. Winning bids and any applicable buyer's premium and sales tax will be charged automatically to the credit card you have on file with your account. You are expected to keep this filed credit card up to date and to ensure that invoices are paid. Some circumstances may occur that it's simply not possible to pay this way. In this case, you may pay the seller directly before removing your items.
4. When removing items won, you should bring a printed copy of your invoice with your name, email address, bidder alias, payment information, and control code printed on it. It is via this way that the seller will validate your identity. If you do not have your invoice, the seller may ask you to validate this information in some way before allowing you to pick up your items.
5. Failure to pick up items won during the specified pickup period constitutes a forfeiture of those items, and no refund will be given.
6. Repeated failure to pay outstanding invoices and/or other abuse of the bidding system will result in termination of your Auctacity account.
Selling
1. Sellers must allot at least 3 hours of on-location inspection time for buyers to come inspect items that are for sale.
2. Sellers must allot at least 4 hours for buyers to come on-site to pick up the items they have purchased.
3. Inspection must end a reasonable amount of time before bidding begins, and all bidding must end a reasonable amount of time before pickup begins. (It is important to consider that bidding extensions can cause a lot to end many hours after the auction starts to close).
4. All buyer-to-seller and seller-to-buyer obligations terminate immediately at the close of the pickup window. In general, once the pickup window expires, no seller may request payment from a buyer, no buyer may pick up his/her items won, and no seller may refund a buyer.
5. Sellers may modify their terms as they please as long as said modifications do not interfere with the stated liability of Auctacity and these Terms of Service.
6. When a seller publishes an auction, a member of Auctacity will validate the terms, dates, etc. Sellers may be contacted to make modifications to the auction before the auction is made live on the site.
7. Auctacity will not play any role in buyer-seller mediation except in providing these Terms of Service to which all account holders must agree.
8. All payments collected automatically will be deposited into an account of Auctacity. Applicable fees will be subtracted, and the rest will be deposited to your configured direct deposit account on the third business day after your scheduled pickup period ends. As of May 2015, all sellers are required to receive funds via direct deposit.
9. Buyers may directly pay a seller in the case where their filed credit card did not process correctly (insufficient funds, invalid/expired card, too large of a payment, etc.). However, payments made on an invoice outside of the Auctacity website are not trackable. To Auctacity, allowing a buyer to pick up items won is a declaration of buyer payment.
10. In the instance that insufficient funds are collected automatically at auction close, the seller will be responsible to pay the balance of any fees within 30 days of the auction close.
11. While steps will be taken to ensure that buyers are able to pay, discrepancies for non-payment can be dealt with by contacting Auctacity after the expiration of the pickup window.
12. If your invoice balance exceeds $2500, Auctacity will attempt to charge only $2500 to your credit card on file. You will be responsible to pay the balance to the seller directly before pickup.
Seller Payment Of Fees
1. Payment of items won will be made via credit card to Auctacity
2. Auctacity sellers are charged a fee for auction services and are responsible for any credit card processing fees. These fees will be subtracted from the gross revenue generated from the auction. The balance will then be mailed to the seller via check.
3. In the event where buyer payments are insufficient to cover the seller's incurred fees for an auction, the seller will be notified and will have 30 days to pay the balance in full.
4. All fees are exclusive of all federal, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
5. Auctacity does not provide refunds.
Seller Discretion & Buyer Privacy
1. Sellers will have access to some private and sensitive buyer data for their winning bidders including a name, email address, payment information (credit card last 4, reference number, and amount), control code, and bidder alias. Failure to maintain the privacy of ANY of this information constitutes a breech of buyer anonymity and a violation of these Terms of Service. Any infraction of this nature will result in the immediate termination of your Auctacity account. You are expected to vehemently protect this data.
2. You must validate the identity of buyers before allowing them to pick up their items. The expected and best form of identification for a buyer is their printed invoice containing their name, email address, bidder alias, payment information, and control code. All of this information must exactly match the invoice to which you have access for that bidder. The sole exception to this is payment information.
3. You may not discuss the identity of a bidder with anyone except that bidder. You may not view bidder data at any time in such a way that other bidders may be able to view, hear or otherwise acquire access to other bidders' private information. There is no leeway on this.
4. You must never rely on a printed invoice for information, only for validation. In the instance of a discrepancy, the information on the live Auctacity seller console has the only authoritative data.
Shill Bidding
1. Shill bidding is the practice of bidding on an item with the sole purpose of inflating the bid price. While difficult to define generally, for the purpose of Auctacity it applies to friends, family, colleagues, employees, or other affiliates of the seller who are bidding without the intent to win and/or to pay in order to maximize profits for the seller.
2. Auctacity has a zero-tolerance policy on shill bidding, and any infraction will result in immediate account termination and legal recourse will be pursued if necessary and applicable.
Modifications to the Service and Prices
1. Prices for using Auctacity are subject to change upon fourteen (14) days notice. Such notice may be provided at any time by posting those changes to the Auctacity website (www.Auctacity.com) or the administration menu of your Auctacity store via an announcement.
2. Auctacity reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
3. Auctacity shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.