This is an online auction with ALSTON BID. The following are the terms and conditions for your review and acceptance.
PARTICIPATION: To participate, bidders are required to register and create a user name and password. Registration requires agreement to these terms and conditions. Bidders must be eighteen years old or older to register and agree to accept all activity under their account. Registered participants will receive auction notifications via email. To discontinue receiving notifications, simply follow the instructions on the bottom of the email to unsubscribe.
PRIVACY: ALSTON BID respects the privacy of its Internet users. ALSTON BID uses the information about Bidders and Owners/Sellers for the purposes of conducting online auctions only. We do not, and will not, sell or rent this information. Our Privacy Policy is posted on our Website at www.alstonbid.com.
IDENTIFICATION: At the time of registration, we collect basic information about you to verify your identity, and collect credit card information to ensure that you are a serious buyer. All information provided to ALSTON BID must be current, complete, and accurate. Bidders may be banned from participation in ALSTON BID indefinitely for providing false information.
PAYMENT: Registration is Free.
Credit Card Validation: Please note that your credit card will be pre-authorized for $1 to ensure that your card is valid. This is a standard in/out credit card validation process and is NOT a charge. Payment will be processed on your credit card only if you are the winning bidder and only once an auction closes. Charges will include 1) your final and winning bid price, 2) a buyer's premium (10% of the final bid price) and 3) applicable sales tax.
CONDITIONS OF ARTICLES SOLD: All items are sold "AS IS, WHERE IS." Please inspect items for yourself during our preview times or via photos. We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. CLAIMS: We are not responsible for the acts or omissions of the Seller. No claims (e.g., an item was mislabelled) will be allowed after removal of items from the premises. PURCHASING: All items listed in the auction are subject to ALSTON BID's acceptance or rejection of the highest bid. If for any reason ALSTON BID is unable to complete the sale of any purchase to bidder or provide such purchase free and clear of liens, even if the bidder was given notice that he is the winning bidder and purchaser, bidder agrees that ALSTON BID may terminate the purchase/agreement, in which case ALSTON BID'S only liability shall be the return of any monies actually paid by bidder toward that item.
STAGGER and SOFT CLOSE: Items will stagger close every thirty seconds, in succession. 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 2 minutes [soft close]. This will continue until all bidding has ceased.
NOTIFICATION: You can choose to be notified by email 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.
INVOICING WINNERS: All payments will be in Canadian Funds. If a bidder places a bid determined to be the winning bid, the bidder is obligated to pay for the item(s) that they have won at the price they bid. The bidder will receive an invoice via email within 24 hours of the auction closing. This e-mail notification will be the only contact the bidder receives from ALSTON BID about winning bids. It is the bidder's responsibility to check their e-mail to determine what items they have won.
REMOVAL/PICKUP: Please note: WE DO NOT SHIP under normal circumstances. Shipping can be available upon special request and only if agreed by ALSTON BID to do so in advance of the auction close. DO NOT BID if you are unable to have your items picked up at the published pickup date, time and place. Items not picked up will be considered abandoned and you will be charged for disposal with no refund. We DO NOT supply tools, packing material or assist with moving your purchases. PLEASE BRING HELP to move any large items. Note that you will be charged for damage to property caused directly by buyer. The full amount of such cost of repair will be charged to your credit card.
RISK TO PERSON AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT WE ARE NOT 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 from liability.
ADDITION TO OR WITHDRAWAL FROM SALE: Although we try not to do so, we may add items to lots that are for sale, and remove lots or items that are for sale, at any time. RESERVE: You may have to pay a minimum amount in order to win an item where the Seller has stipulated same.
RECORDS: In the unlikely event of a dispute, you agree to accept our records and information.
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 increment more than the last 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: If a description does not match a picture in a lot, the description takes precedence. Please review pictures or attend the preview to inspect the item for any damages to the item before bidding.
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 legal 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.
CHANGE IN CIRCUMSTANCE: All aspects of this auction are subject to change without notice. ALSTON BID reserves the right to, at any time: add/remove items from the auction, split or combine lots, cancel, suspend, extend or reschedule the sale of an individual item, lot, auction, and/or auction event, inspection, or removal times, or take any other action that ALSTON BID deems necessary to effect the fair conduct of this sale or for the protection of bidders', sellers', or other parties' interests. In the event a seller withdraws an item from this auction prior to the close of the auction, ALSTON BID may leave the item on the catalogue and buy the item back on behalf of the Seller.
DISCLAIMER OF WARRANTIES: The Site User expressly agrees that use of this Web site is solely at their risk. ALSTON BID reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and may make any other changes to this Site at any time without notice. ALSTON BID makes reasonable efforts to make the Site available at all times. However, ALSTON BID is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the online auction sale. ALSTON BID makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible under applicable law, ALSTON BID expressly disclaims all warranties, expressed or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or other products or services offered, sold, or displayed on this site or bidder use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement. In the event that bidder have a dispute with one or more users, bidder releases ALSTON BID and our officers, directors, agents, subsidiaries, employees, and parent companies from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITY: The Site users agree that ALSTON BID and its providers shall not be liable for any damage, loss, or expense of any kind arising out of, or resulting from, their possession or use of the materials, content, or information on this site or from the user's purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall provider or any of its providers be liable to the site user for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, the users use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether ALSTON BID or any of its providers have been advised of the possibility of such damages. To the extent that we are held liable to user, 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 user to us under these terms and conditions.
CONSENT TO SUIT IN ONTARIO: In the event of legal proceedings arising from this contract or from the auction in connection therewith, Site Users consent to being subject to the personal jurisdiction of the courts of the Province of Ontario and that the laws of the Province of Ontario shall govern this Agreement and the parties' transaction hereunder.
INDEMNIFICATION: Users agree to indemnify, defend, and hold harmless ALSTON BID and its employees, officers, owners, affiliates, agents, and representatives from any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with user, user's agents or representatives including, but not limited to, personal injury or property damage caused at any sales site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions.
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