Auction Terms & Conditions
Terms and Conditions - To Bid and Buy
REGISTRATION & IDENTIFICATION: At the time of registration, we collect information about you to verify who you are before you can bid. We collect credit card information to ensure that you are a qualified buyer. All bidders must be of legal age to bid.
PAYING FOR YOUR PURCHASES: There is no cost to register for an auction. Your credit card will not be charged unless you do not pickup during scheduled times. When an auction closes, if you are the winner, come to the noted location to pay and pickup your winning bids. If you do not pickup during the scheduled times, we will charge your credit card with the winning bid amount, plus applicable Buyers Premium and taxes, as stated in terms of auction.
BIDDERS PREMIUM: A 13% buyer's premium is in effect for this auction if thebuyer pays with Visa or MasterCard. The Buyer's Premium is discounted to 10% for payment in Cash, Debit or Certified Cheque.
REVIEWING YOUR BIDS: During an auction you can check the status of your bids at anytime. Note that no bids can be withdrawn after the auction for any reason. All items are sold as is, where is, with all faults.
BIDDING NOTIFICATIONS: You can choose to be notified by e-mail during the auction if you have been outbid. Please note that outbid notifications are NOT sent out during the last two hours of the sale.
WINNING NOTIFICATION & INVOICING: All winning bidders will receive an e-mail with an attached invoice from email@example.com the evening after the auction closes. If you'd like to know whether you won a lot at the close of the auction, check your "bidder history" -- if it says "you will be notified" that means you are the high bidder on the lot. If you are not the high bidder, it will say "you have been outbid."
PICKUPS & REMOVALS: Dates and times for pickup will be posted on our website. We can arrange shipping on smaller items at the expense of the Buyer-call the office 705-324-2783 to make arrangements. Do not bid if you are unable to have your items picked up. Any item not picked up during the posted pickup times or other arrangements made during the scheduled times will be considered an abandoned item. If you abandon an item, your credit card will be charged for the purchase price of the item plus the cost to remove, transport and dispose the item. Items are sold as is, where is, with all faults.
CONDITIONS OF ITEMS SOLD & OUR ONLINE CATALOGUE: Our best efforts are made to represent all items accurately in descriptions and photographs, all descriptions believed accurate but not waranteed; however, all items are ultimately sold on an 'as is, where is' basis, with all faults. Any references to items being sold with regards to signatures/autographs, description genuineness, authorship, age, rarity, provenance, condition, significance, source, origin, etc. are statements of opinion only. The bidder accepts full responsibility for determining the value and/or authenticity of the merchandise being sold. We strongly encourage all bidders to personally inspect and verify the condition of each item during the scheduled preview times. McLean Auctions do not warrant any signature, artwork, autograph or Certificate of Authenticity, by placing a bid, the bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. Some autographed memorabillia may have a Certificate of Authenticity. Mclean Auctions has no interest/relationship with any third-party authenticators. McLean Auctions is not responsible for the opinions of the third-party authenticators. You should in no way rely exclusively on such third-party opinions without conducting your own due diligence prior to bidding. No responsibility is assumed by McLean Auctions or the seller for any errors or omissions.
CLAIMS: No claims regarding goods purchased will be allowed. Bidders are reminded that all goods are sold on an 'as is, where is' basis, with all faults.
PERSONAL & PROPERTY RISKS: We will not be liable for damage or injury to individuals or their property.
ADDITIONS & DELETIONS: We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction.
BUYERS: The BUYER expressly agrees to indemnify and save McLean Auctions, the Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of McLean Auctions, or anyone acting in his/her behalf in connection with or arising out of auction. All bidders/buyers must be of legal age.
RESERVE: Seldom are items sold with Reserve. If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item.
AUCTION RECORDS: In the unlikely event of a dispute, you agree to accept as true the information that we have in our records.
SOFT CLOSE: Items close at regular intervals. To prevent a bidder from 'sniping', all bids made in the last minute of the auction will force an item to stay open for an additional 3 minutes. This will continue until all bidding has ceased.
STRATEGY: We recommend that ALL BIDDERS put in their maximum bid when placing a bid online. This does not mean you will have to pay the amount you bid; you only pay one bid more than the next highest bid, and only up to your maximum bid. The software system will play out the bids as you would at a live auction and only uses the funds required to beat out the under-bidder at the prescribed bid increment.
CATALOGUE ERRORS & OMISSIONS: If a description does not match a picture in a lot, the description takes precedence. All items sold "As Is, Where Is" with all faults, no implied or given warranty/guarantee. All descriptions believed accurate but not waranteed. Bidder inspection is encouraged. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them.
EMAIL COMMUNICATIONS: As per Canada's new anti-spam legislation (effective date July 1, 2014), we are required to secure your consent to communicate with you electronically. By registering for this auction, you are opting in to receive auction notices from mcleanauctions.com (firstname.lastname@example.org). You may withdraw your consent at any time by clicking on the unsubscribe link contained within each auction notice. Your privacy is important to us -- your email address will not be shared with any other party.
McLean Auctions reserve the right to reject any bid at the sole discretion of the auctioneer. For internet-only auctions, McLean Auctions reserve the right to cancel and/or reopen the auction in the case of system failures.
By bidding you are acknowledging agreement with the terms above. Do not bid unless you agree to all of these terms.
All items sold "AS IS, WHERE IS" with all faults.
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.