Special Terms
AUCTION NETWORK LTD.
BIDDER TERMS AND CONDITIONS
By registered on, and/or bidding on an item through, our website [www. AuctionNetwork.ca] (the “Website”) you confirm that you agree to these Terms and Conditions.
In order to bid on the Website you must register on the Website.
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Auction Network (“Auction Network”) (“we” and/or “us”, etc) and you ("you”). Auction Network is a division of 2405832 Ontario Limited.
In addition, when you use any current or future Auction Network service or visit or purchase from any business affiliated with Auction Network, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with Auction Network’s terms, such terms will prevail.
PRIVACY POLICY INCORPORATED HEREIN
Auction Network values your privacy and will adhere to its Privacy Policy in order to ensure that your experience is a pleasant one. Please read our Privacy Policy, which is incorporated into the herein Terms. We reserve the right to contact you in connection with your compliance or Auction Network’s compliance with and performance of these Terms or any Content or activities relating to the Website. You acknowledge that Auction Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Auction Network, Site users, and the public.
BIDDING; CONDUCT OF SERVICES
In order to bid on an auction on the Website you must register for the Website, which requires a valid drivers license, valid credit card, photo ID and detailed personal information. Please have this available upon registration. We reserve the right to reject any bid, at any time and without reason or explanation.
All sales are final and there are no refunds, no exchanges, no retraction of bids and no returns accepted. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the sellers.
The method and procedure of any auction on the Website is at the sole discretion of Auction Network. You are able to inspect things that are available for bidding (“Lots”) in person which you should do in order to determine its condition, size and whether or not it has been repaired or restored. By placing a bid online you agree that you have either inspected the respective Lot, or have waived your right to do so. Payment may be made by cash, Visa, MasterCard, Interac Debit, Interac E-Transfer or Paypal. A buyer’s premium of 18% will be added to the bid price, plus applicable taxes. All items must be paid for in full on the same day as the auction.
A minimum deposit of 50% of any successful bid may be requested at any time during the auction. It is your responsibility to check with the Auction Network clerk and comply with any deposit requests made at the time of purchase. In the event you do not provide the requested deposit, full payment will become due and payable immediately. You may be contacted by email if you are bidding online when a deposit is required. Deposit must be made as requested to enable further bidding privileges. Deposits will be charged to the credit card on file at any time during the auction sale. A pre authorization deposit may be taken from your card posted on the Website at any time during the auction sale without notice as a further deposit against your purchases.
If you choose to bid on a Lot through the website we will make best efforts to provide auction services to the best of our ability. However, we make no warranty with regards to your satisfaction with any services or products.
You will be responsible for paying any shipping, insurance, postage and delivery costs in addition to any final purchase and hammer prices. All items will be shipped via PAK MAIL unless otherwise instructed on the day of the auction sale. All items must be removed from the Auction Network premises on the same day as the auction sale. All items for shipping must be arranged by the close of the auction sale.
We reserve the right to bid on behalf of the sellers at any time during the auction sale and without notice to the registered bidders and to further protect any items that may carry a moderate reserve or opening bid by bidding on the item or withdrawing the item from the sale at any time during the bidding process.
The highest bidder acknowledged by Auction Network will be the purchaser. In the event of any dispute between bidders or in the event of doubt on our part as to the validity of any bid, we will have the final discretion to determine the successful bidder, cancel the sale or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive.
Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer’s hammer, title to the offered Lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon (a) assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames or glass covering prints, paintings or other works), and (b) will immediately pay the full purchase price as required. Interest at the rate of 24% per annum (compounding monthly) will be charged on overdue accounts owing to us.
The purchaser will not be entitled to possession of any Lot purchased until the total purchase price the Lot and any other lots awarded to you have been fully paid. In the event that you fail to pay the full purchased price for any lot(s) within the prescribed time, or fail to comply with any of the “Terms of Sale”, you may be sent to collections and/or sued in the Small Claims Court and/or Superior Court without notice.
All items purchased by back bidders or on a second chance offering will be available for pick up through you own delivery arrangements for the designated distribution center if not already on the Auction Network premises. Any items that are offered for auction and not in the possession of the Auctioneer or on the premises will be delivered within 30 days or more with notice to the purchaser.
By bidding you authorize us, sellers, or any other affiliated companies to charge your credit card the full amount of any purchases made and or assigned to your registered Website account in the event you do not pay the full purchased price within the time specified. You understand and agree that your deposit will forfeited and may be applied to the account for the obligations due. Items not paid for in full, claimed, shipped, or picked up, in accordance with the terms and conditions of sale will be considered abandoned and resold in a future auction sale without notice. Any deposits on hand will be forfeited and non-complying buyers/bidders will be blacklisted on future auction sales.
In the event of electronic failure for any reason during the auction sale, all items sold will be due and payable at the time of failure. We reserve the right to cancel the remainder of the auction sale in the event the electronic failure cannot be rectified in a reasonable time. Items maybe re-offered in a future auction sale.
No cameras, video, and or recording devices of any kind whatsoever are permitted in the auction sale without the advance consent of Auction Network.
Written and oral descriptions are the opinions of Auction Network, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Auction Network believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Auction Network attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from Auction Network that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the Lot in question.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise do our best to ensure the accuracy of the information on the Website, Auction Network does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Auction Network shall have the right to refuse or cancel any orders in its sole discretion. If your credit card is charged prior to cancellation, Auction Network will issue a credit to your account in the amount of the charge. All items are subject to withdrawal from preview, from advertising and from the auction sale at the sole discretion of Auction Network without notice at any time.
All property is sold “AS IS”, “WHERE IS” without any representations or warranties by the Auction Network or its staff or the consignor as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description or the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption or liability. Auction Network and the consignor make no representation and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. We and the consignor are not responsible for errors and omissions in any catalogue or any supplemental material. We do not guarantee, any written or oral appraisals, certificates of authenticity, values, or retail replacement prices, that may accompany any item or may be orally stated by any auctioneer or employee, before, after and during any auction sale. Auction Network reserves the right to supplement all Terms & Conditions with verbal announcements at any time during the auction. All verbal announcements and terms form part of the terms and conditions between the seller and the bidders.
If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default, and in addition to any and all other remedies available to the auction company and its agents and consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges, and the expenses set forth herein, the auction company, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination there of. The purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses, and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, all defaulting purchasers will be deemed to have granted and assigned the deposit money to the Auction Network or its agents and consignors or any of their affiliated companies, and the auction company may retain and apply such money as collateral security for the obligations due. In addition to other remedies available to us by law, all unpaid items will be subject to a non-refundable service charge of 35% of the bid price plus buyers premium payable by the registered bidder.
CUSTOMER SUPPORT
You may contact Auction Network Customer Services by sending an email to Support@Auction Network.ca. You acknowledge that the provision of customer support is at Auction Network’s sole discretion, and that Auction Network shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “Auction Network” or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © AUCTION NETWORK
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Auction Network or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Auction Network. Modification or use of the materials for any other purpose may violate intellectual property rights.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
DEALINGS WITH MERCHANTS; LINKS
The Website may contain advertisements, offers, or other links to other websites and resources of third parties that are not controlled by Auction Network. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Auction Network is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Website does not imply that the linked site is endorsed by Auction Network. You use the links at your own risk. Auction Network’s Privacy Policy is applicable only when you are on its Website.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Website or which provide links on the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against Auction Network and agree to hold Auction Network harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Website.
ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with Auction Network and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, Auction Network will give you any notices by posting them on the Website, and you agree that such posting will constitute effective notice. You authorize Auction Network to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Auction Network decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Auction Network to the address that you have most recently provided will constitute effective notice. Auction Network’s address for Legal Notices is:
Kleiman Law
Jonathan Kleiman
1235 Bay Street, Suite 400
Toronto, Ontario, M5R 3K4
Auction Network respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auction Network with the written information specified below.
MODIFICATIONS TO TERMS AND SITES
You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Website or when announced orally during an auction. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Website (or any part thereof) without notice.
PROHIBITED CONDUCT
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Auction Network; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Website or any recipient.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Website Content in any way. You understand and acknowledge that Auction Network does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Auction Network. Auction Network neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized Auction Network employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Auction Network or its content suppliers. All software used on the Website is the property of Auction Network or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. Auction Network may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
The provisions entitled " Notice Re Copyright Ownership " "Indemnification," "Disclaimer of Warranties," “Exclusion Of Damages; Limitation Of Liability,” "Additional Terms" and the Privacy Policy will survive termination of these Terms.
INDEMNIFICATION
As a condition of your access to and use of the Website, you agree to hold Auction Network, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Website and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Website; (iv) Auction Network’s resolution (if any) of any dispute you have or claim to have with one or more users of the Website; (v) your improper authorization for Auction Network to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Auction Network disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Auction Network will have the right but not the obligation to resolve disputes between users relating to the Website and Auction Network’s resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) Auction Network’s resolution of a dispute will be final with respect to the Website.
PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Auction Network with the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed upon;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Auction Network’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Kleiman Law
Jonathan Kleiman
1235 Bay Street, Suite 400
Toronto, Ontario, M5R 3K4
DISCLAIMER OF WARRANTIES
THE WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM AUCTION NETWORK, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE WEBSITE AND CONTENT AT YOUR OWN RISK. THE WEBSITE IS PROVIDED BY AUCTION NETWORK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUCTION NETWORK MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE VALUE OF THE PRODUCTS OR SERVICES SOLD OR CONTENT INCLUDED ON THE WEBSITE. AUCTION NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUCTION NETWORK EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER AUCTION NETWORK, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF AUCTION NETWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
ADDITIONAL TERMS
a. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
b. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Auction Network. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Auction Network will be null and void. Auction Network shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
c. Disputes; Choice of Law; Export Limitations. The Website is controlled by us from our offices within Canada, and some aspects and portion of the Website are hosted at third-party servers within Canada and the United States of America. If you choose to access this Site from locations outside Canada, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Canadian or U.S. import and/or export laws and regulations or the Terms. By visiting the Website, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website will be resolved by arbitration. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Auction Network or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
d. Limitations on Actions. Any action concerning any dispute you may have with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
e. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.
f. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and Auction Network with respect to the use of the Website and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
g. No Waiver. The failure of Auction Network to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or Auction Network right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
