Auction Terms & Conditions for CENTS ONLINE AUCTIONS
These Terms and Conditions are legally binding and may be used as gounds for Cents Online, LLC, its owners, partners, consignors, and/or affiliates to seek legal remedies, should any is violated. Please DO NOT PLACE A BID until you fully understand all the Terms and Conditions.
If you have questions, please do not hesitate to contact us at 713-420-9949 or firstname.lastname@example.org. By participating in our auctions, you agree to abide by these Terms and Conditions as follows. Thank you.
o Registration is free but requires a valid credit card for identity verification.
TERMS ANDS CONDITIONS OF SALE
o It is the bidder's responsibility to determine the condition and usefulness of the listed lots and items. All lots and items are sold AS-IS, WHERE-IS, and AS-AVAILABLE. All sales are final and non-refundable.
DESCRIPTION OF LOTS & ITEMS
o We attempt and describe all the lots and items as accurately as possible, to our best ability, based on the details provided to us by the consignors and vendors or publically available information online.
o Any and all descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type. Cents Online, LLC, in no event, shall be held responsible for having made or implied any warranty of descriptions, authenticity, genuineness, authorship, attribution, provenance, culture, source origin, fitness for a particular purpose, etc.
o Cents Online, LLC makes no allowance for refund to account for any incorrectness and/or error in describing lots and items, such as any defects, imperfection, damage, quantity, quality, authenticity/genuineness, etc.
o If you are NOT SURE about a lot or an item, please contact us at 713-420-9949 or via email at email@example.com.
o Furthermore, previews for inspection are available by appointment during the published preview dates and hours in the Preview Dates & Times section of each auction.
BUYERS PREMIUM, PAYMENTS & SALES TAX
o We charge a 16% buyers premium on all invoices. It covers 3.25% credit card transaction fees, preparing and marketing auction lots, etc.
o All payments are processed via credit cards on file. We accept all major credit cards (VISA, Mastercard, AMEX, and Discover). We do not accept cash, checks, money orders, cashier checks, or wire transfers.
o All auctioned items are taxable, therefore Cents Online, LLC is required to collect sales tax of 8.25% on all sold items. For additional information, please visit https://comptroller.texas.gov/
o If you have a Resale Certificate or an Exemption Certificate, please email it to us at firstname.lastname@example.org for review and approval. We must receive your certificate in advance of the bid opening time. We will process the document and provide you a Bidder ID.
PLACING A BID
o By placing a bid, bidder agrees with all the Terms and Conditions herein and understands that there will be no refund or bid cancellation. All sales are final, and we do not have a way to cancel bidder's bids or refund unintentional or 'mistake' bids.
o Cents Online, LLC does not have access to bidders' usernames or passwords. It is bidder's responsibility to safeguard his/her username and password. At any time, if the bidder feels his/her username or password is compromised, please notify us at email@example.com. We will attempt to remove bidder's bidding privileges.
o This is an online-only auction. Staggered ending times may apply on certain lots and items. If the current winning bid is outbid within the last two (2) minutes of the bid closing time, another two (2) minute period will be added to the timer. This step will repeat until no new bids are placed to outbid the current winning bid.
o Cents Online, LLC, its owners, members, affiliates, employees, contractors, and consignors reserve the right to bid on any and all lots and items.
LOTS WITH RESERVES
o Some lots have reserves. Per the Auctioneer Administrative Rules of the Texas Department of Licensing and Regulation, an auction "with reserve" is one in which the seller or his agent reserves the right to establish a minimum bid, accept or reject any and all bids, and withdraw the property at any time prior to the announcement of the completion of the sale by the auctioneer.
o In other words, for example, if an item had a reserve amount of $30 and the highest bid were $10, we may still sell the item to the highest bidder.
NON-PAYMENT & NO PICK-UP
o Bidder's winning bid binds the bidder to a contractual obligation, under this Terms and Conditions, to remit payment and pick up the winning lots during the published times.
o Non-payment (e.g. invalid credit card) or failure to abide by the published pick-up instructions and times will result in loss of future bidding privileges.
o Pick-up times are firm unless there is a citywide catastrophic weather event.
o Winning bidder's credit card on file will be charged for the invoiced amount, regardless of the bidder's ability to pick up the lots and items. There will be no refund for the lots and items that were not picked up.
o If a late pick-up is requested, a late pick-up fee of $30 will be charged to the credit card on file for the first day and $10 for each additional day thereafter up to 7 days, at which time the lots and items will become property of Cents Online, LLC and may be re-auctioned or donated to local charities.
o If you cannot pick up during the established time slots, we kindly ask you NOT TO BID. It is not worth a risk of losing future bidding privileges.
o Shipping is available upon request only for this auction. Shipping requests must be made at least 24 hours prior to the pick up date by e-mailing firstname.lastname@example.org. All shipping costs will be transferred to the buyer plus a $10 handling fee (cost of labor, cost of packaging materials, cost of gas to and from the carrier drop off location, etc.)
o Bidders do not hold Cents Online responsible for the carrier's treatment of the shipments during transit and the arrival conditions of the items. Bidders also do not hold Cents Online responsible for delivery by a specific date.
GENERAL TERMS & INDEMNIFICATION
o At any time, Cents Online, LLC reserves all rights to close the auctions early or extend the auctions at its sole discretion.
o Furthermore, Cents Online, LLC reserves all rights to terminate auctions at any time without notice at its sole discretion.
o Bidder accepts responsibilty for and agrees to indemnify, defend and hold harmless Cents Online LLC, its owners, partners, affiliates, employees, and contractors from and against any and all claims, losses, damages, liabilities, judgements, fees, costs and expenses (including reasonable attorney's fees and expenses) relating to, arising from or associated with the use of the auction website by bidder, his agents or representatives, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction lots and items, any breach or violation of this Terms and Conditions or any use, by bidder, of the auction sites and pick-up locations or as a result of a dispute with another bidder.
o Moreover, bidder shall indemnify Cents Online, LLC against any claims, damages, or liabilities (including reasonable attorney's fees and expenses) as a result of an injury or other harm suffered, both physical and financial, by any person and stemming from the sale, whether arising before, during, or after the sale. Bidder agrees to indemnify Cents Online, LLC for any damages or losses.
o Persons (both bidders and non-bidders) attending previews, auctions, drop-off's, and pick-up's assume all risks of personal injury, damage of or loss to properties, including theft, and release Cents Online LLC, its owners, partners, affiliates, employees, and contractors from all liabilities therefore.
CLAIMS, DISPUTES & GOVERNING LAW
o Cents Online LLC, its owners, partners, affiliates, employees, and contractors are not responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error-free service or use of the auction website.
o Bidder understands that the auction is conducted electronically and relies on hardware and software that may malfunction from time to time, without any warning. In the event of a malfunction on the auction website and/or the auction software, Cents Online, LLC may void any or all sales, temporarily suspend bidding, and re-auction any lots and items affected by the malfunction at Cents Online, LLC's sole discretion.
o The Terms and Conditions and any disputes arising out of or related to the auction website shall be governed by and construed and enforced in accordance with, the laws of the State of Texas applicable to contracts entered into and to be performed entirely within the State of Texas, the venue for such dispute shall be in Harris County.
o If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Failure to act with respect to a breach by a bidder or others does not waive the right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between Cents Online, LLC and bidder, with respect to the subject matter hereof.
TRADEMARKS & INTELLECTUAL PROPERTY
o All trademarks, service marks, and copyrights owned by Cents Online, LLC shall not be used without prior written consent and permission. This includes the names, such as Cents Online, Cents Online Auction, Cents Online Estate and Liquidation Services, any and all website URL addresses and abbreviations of such.
o By submitting any images to Cents Online, LLC for the purpose of sale, marketing, or any use on our website, you grant Cents Online, LLC non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise.
o Cents Online, LLC does not have access to biders' usernames and passwords, contact information, or credit card data. Bidder information will not be sold to any third party by Cents Online, LLC.
Please see additional Terms from our HiBid.com partner below:
Seller User Terms
Bidder User Terms