Terms and Conditions
PLEASE READ CAREFULLY PRIOR TO BIDDING!
IDENTIFICATION: At the time of registration, we (Estate Sales Niagara) collect basic information about you to verify your identity. We also collect credit card information to process winning bids immediately upon auction close. Our Privacy Statement is posted on our Website.
REMOVAL/PICKUP: WE DO NOT SHIP. DO NOT BID IF YOU CANNOT ATTEND (or arrange for) PICKUP AT THE PUBLISHED PICKUP DATE/TIME/LOCATION. Items not picked up will be considered abandoned without refund (may be subject to a removal fee) and your bidding privileges may be revoked. WE DO NOT SUPPLY tools, packing material or assist with moving your purchases. PLEASE BRING HELP to move large items. Staff is NOT OBLIGED to assist. You are responsible for DAMAGE TO PROPERTY caused directly by you or your help with the repair costs being charged to your credit card. DO NOT BRING YOUNG CHILDREN to the pickup as the movement of household items presents an extremely high risk environment that could result in injury or death.
BILLING/INVOICING: REGISTRATION IS FREE with NO CREDIT CARD CHARGES UNLESS YOU WIN. A pre-authorization (hold) for $1.00 USD is done to validate the credit card(s) on file but this hold will drop after a few days (as it is not a charge). If you are the winner on an item(s) after an auction closes, we charge the credit card the high bid price plus a 13% BUYER’s PREMIUM and applicable retail sales taxes on top. Invoices/Receipts for the winning bidders will be emailed to the registered email address within 12 hours of auction close.
FINALITY OF BIDS: Bids cannot be removed / retracted by you once submitted as each one is a legal commitment to buy the item at that price until it is outbid by another. Review your bids at any time by clicking ‘My Account’ and then ‘My Bids’ in your profile. You may adjust your MaxBid at any time in your My Bids page provided it is not yet the highest bid.
CLAIMS: ENSURE YOU INSPECT items at pickup (and preview if available) and IMMEDIATELY inform the Estate Sales Niagara team (or Seller if Seller Managed) of any issues related to mis-cataloging of condition (remembering that you are purchasing used items in AS IS WHERE IS condition). By departing from the pickup site you acknowledge that you have all your items and that you are satisfied with them and/or have brought up issues with the Lead on site. NO CLAIMS ARE PERMITTED AFTER REMOVING ITEMS FROM THE PREMISES as condition issues cannot be validated once items are released into your possession. If required, bring an expert to validate purchases at pickup. We are not responsible for the acts or omissions of the Seller.
CONDITIONS OF ARTICLES SOLD: All items are sold “AS IS, WHERE IS.” We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. UNLESS authentication is provided, all items are sold without Certificate Of Authenticity. Buyer beware.
CATALOGUE ERRORS: If a description does not match a picture in a lot, the description takes precedence. PRIOR TO BIDDING, review descriptions and images (or attend a preview if available) for any damage to the item. Thoroughly inspect goods at pickup and report any concerns immediately (see CLAIMS).
TRESPASSING: You understand that being at the Seller's property at any time other than the preview and pickup times constitutes trespassing. Furthermore, you understand that SELLER ARE NOT TO BE CONTACTED (directly including by phone/email/etc or indirectly). Anyone found trespassing will have their bidding privileges immediately revoked and may be subject to investigation by the authorities.
SOFT CLOSE: Each bid made on an item in the last few minutes of the auction will add more time (a few minutes) to the item. This will continue until the extended time has run out without new bids being placed. This is done to ensure transparency and fairness of bidding and enable the highest bidder to win.
STRATEGY: We recommend that BIDDERS PLACE MAXIMUM BIDS when bidding. You will only pay one minimum bid increment more than the next highest bid and only up to your maximum. The software system will play out the bids according to the Estate Sales Niagara bid increments and only uses the funds required to beat out the underbidder.
NOTIFICATIONS: You may receive emails regarding changes/updates to listings, pickup information, invoices, etc. You can choose to receive outbid notifications by email. These notifications are sometimes delayed and may not be received in time to rebid. If you plan to rebid after being outbid (as opposed to using the MaxBid feature), be prepared to monitor your bids during the final minutes of closing.
ADDITION TO OR WITHDRAWAL FROM SALE: Although infrequent, we may add lots (or items to lots) and remove lots (or items from lots) at any time during the auction (see MATERIALITY).
MATERIALITY: Estate Sales Niagara reserves the right to reset bids on a lot in an auction if, in Estate Sales Niagara’s sole discretion, there is a material change to the lot that will impact the value of the item.
RESERVE: You may have to pay a minimum amount in order to win an item.
RECORDS: In the unlikely event of a dispute, you agree to accept our records as accurate and definitive.
COMMUNITY STANDARDS: Estate Sales Niagara strives to provide our clients and employees with a safe, supportive marketplace and workspace. As such, any abusive or threatening statements or behavior, or other actions deemed inconsistent with these Community Standards in the sole discretion of Estate Sales Niagara Ltd., may result in revocation of bidding privileges and closure of accounts of those responsible without notice. It is our community standard that everyone be treated with courtesy and respect.
RISK TO PERSON AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT NEITHER WE (NOR THE SELLER) ARE LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH. Please take care of yourself and your items as you have released us (and the Seller) from liability.
COMPLIANCE WITH LAW: You are responsible for complying with all laws governing the purchase and use of the items that are offered for sale. You must comply with all laws governing the use of our service.
INDEMNIFICATION: You will indemnify and hold us and our directors, officers, employees, agents and other representatives harmless from any expenses (including reasonable attorney’s fees and court costs), losses or damages arising from or relating to your breach of any of your representations, warranties or obligations under these terms and conditions, or your violation of any law or the rights of any third party, or the Seller’s breach of any of of their representations, warranties or obligations under their contract, or their violation of any law or the rights of any third party.
DISCLAIMER OF WARRANTIES: WE DISCLAIM ALL WARRANTIES RELATING TO THE ITEMS FOR SALE, WHETHER ARISING UNDER STATUTE, OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR ONLINE BIDDING SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS IN SOFTWARE OR ONLINE CONTENT WILL BE CORRECTED.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR INABILITY TO USE OUR SERVICE OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING OUR SERVICE. TO THE EXTENT THAT WE ARE HELD LIABLE TO YOU, OUR AGGREGATE LIABILITY FOR ANY EXPENSES, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICE WILL NOT EXCEED THE AMOUNT PAID (OR PAYABLE) BY YOU TO US UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US.