TERMS
ONLINE BIDDING TERMS AND CONDITIONS
These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with SELL THINGS FAST ("Online Bidding"). By registering to participate in a SELL THINGS FAST auction sale (a "Sale") via Online Bidding at LIVEAUCTIONEERS, you expressly agree to these terms and conditions.
ALL GOODS ARE SOLD AS IS - WHERE IS, HOW IS => ALL SALES ARE FINAL. Sell Things Fast accepts NO Returns.
Condition reports in Auction catalog are not guaranteed and may vary in accuracy. It is the responsibility of prospective bidders to inspect the goods. All condition reports, measurements, opinion of values, age and quality are offered by Sell Things Fast but are not guaranteed. Neither the online auction, nor the consignor, is responsible for the accuracy of printed or verbal descriptions or its authenticity. All weights & measurements are approximate. Artist?s names, signatures do not carry warranty & are not guaranteed unless Certificate of Authenticity accompanies lot, provenance provided when available.
Payment Terms: Full payment is due at close of auction. Buyer is responsible for contacting Sell Things Fast via phone at (561)506-7154 or by email: SellThingsFast@Gmail.com, and for providing payment information at your discretion.
Prevailing FLORIDA sales tax will be added to your purchases unless you have a current FLORIDA resale number on file with us.
Shipping Terms: Merchandise will be picked up, packaged and shipped by arrangements made by the buyer. All items are sold and shipped AS IS. SELL THINGS FAST Auction absolutely accepts no responsibility for condition of items shipped. Buyer should purchase insurance through shipping company. ***As of the month of JANUARY 2019, we are pleased to provide IN-HOUSE SHIPPING and also a list of shippers and packers that will ship our worldwide base clients, or you can have your own shipper handle your purchases. Please contact the shipper of your choice to arrange for packing and pick up your items.**
Buyer is responsible for all packing and shipping costs to be paid directly to Shipping/Packing company.
Auction Terms: The following Conditions of Sale, as amended by any posted notices or verbal announcements during the sale, constitute the entire terms and conditions on which property listed in the ONLINE catalog shall be offered for sale or sold by SELL THINGS FAST Auction and any consignor of such property for whom we act as agent.
1.) As used herein, the term - bid price - means the price at which a lot is successfully sold to the purchaser. The term -purchase price - means the aggregate of (a) the bid price.
2.) The highest bidder shall have purchased the offered lot in accordance with all of the conditions set forth herein and (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase, and (c) will pay the purchase price in full or such part as we may require for all lots purchased. No lot may be transferred. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including without limitation, the right to hold the purchaser liable for the purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property, either publicly or privately, and in such event the purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our standard rates, all other charges due hereunder, attorney fees and incidental damages. If all fees, commissions, bid price and other sums due to us from the purchaser are not paid promptly as provided in these Conditions of Sale, we reserve the right to impose a fee on the fourth day following date of the end of the auction of $10, and a daily late fee of $10 henceforth until the item(s) is paid for a term of 21 days, in addition to other remedies available to us by law.
3.) EVERYTHING MUST BE PAID IN FULL ON THE DAY OF THE AUCTION regardless of when it is picked up. Failure to pay within ten business days of the end of the auction will ban the bidder from participating in any other Sell Things Fast online auction.
SHIPPING: SELL THINGS FAST DOES NOT NORMALLY SHIPS. However, as of the month of jANUARY 2019, we are pleased to provide IN-HOUSE SHIPPING and also a list of shippers and packers that will ship our worldwide base clients, or you can have your own shipper handle your purchases. Please contact the shipper of your choice to arrange for packing and pick up your items. Your items will be released as soon as payment clears our bank. We request that your shipper schedule pick up times at least 24 hours after notification that your payment has been cleared, this will insure no delays in pick up, and release of your purchases. PH:386-385-3610
4.) If any dispute arises after the sale, our sales records shall be conclusive in all respects.
5.) If a lot is offered subject to a reserve, we may implement such reserve by bidding on behalf of the consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If we have an interest in an offered lot and the proceeds there from other than our commissions, we may bid therefore to protect such interest. CONSIGNORS ARE NOT ALLOWED TO BID ON THEIR OWN ITEMS.
6.) All statements contained in the online catalog or in any bill of sale, invoice or elsewhere as to authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition and literature of historical relevance, or physical condition ARE QUALIFIED STATEMENTS OF OPINION AND NOT REPRESENTATIONS OR WARRANTIES. No employee or agent of SELL THINGS FAST is authorized to make on our behalf or on that of the consignor any representation or warranty, oral or written, with respect to any property.
7.) All purchased property shall be removed from the premises at which the sale is conducted by the date(s) and time(s) indicated for the event. Out of state buyers MUST PICK UP all items by the end of 10th business day. At the beginning of the 11th day, a for a storage fee of $2 per day, per lot will be added and required to pay prior pick up. If items are not picked up within 21 business days from the date of the auction, buyer forfeits the item(s ).
8.) Invalid or unapproved credit card purchases will be subject to a $50 processing fee If the auction proceeds are collected later than the 3rd following business day after an auction, and an additional daily fee will be added of $10 per day thereafter.
9.) It is the sole responsibility of the Internet bidder to be familiar with the Internet bidding process. The uploaded results of the auction take precedence over any and all messages of high bids during proxy and live bidding. LIVE INTERNET BIDDERS ARE ADVISED TO HAVE A BROADBAND OR FASTER-SPEED INTERNET CONNECTION TO BID DURING THE LIVE AUCTION. Because of the fast paced nature of the auction a slower connection could lead to not being able to bid on the items that you are interested in. Please leave proxy bids for the auction if you are uncomfortable bidding during the live event.
11.) You are participating in an Internet auction as a Internet bidder which means that bids will be accepted from the Internet and in rare instances over the phone.
12.) These Conditions of Sale shall bind the successors and assigns of all bidders and purchasers and insure to the benefit of our successors and assigns. No waiver, amendment or modification of the terms here of (other than posted notices or oral announcements during the sale) shall bind us unless specifically stated in writing and signed by us. If any part of these Conditions of Sale is for any reason invalid or unenforceable, the rest shall remain valid and enforceable.
13.) These Conditions of Sale and the purchasers and our respective rights and obligations hereunder are governed by the laws of the State of FLORIDA. By bidding at our online auction, each purchaser and bidder agrees to be bound by these Conditions of Sale. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or validity thereof, brought by or against Sell Things Fast (but not including claims brought against the consignor by the purchaser of lots consigned hereunder) shall be resolved by the procedures as set forth.
14A.) GOVERNING LAW, JURISDICTION AND VENUE. The laws of the State of Florida (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in West Palm Beach, FLORIDA and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in West Palm Beach, FLORIDA; and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
14B.) DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in West Palm Beach, FLORIDA; in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court in West Palm Beach, Florida having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitrator tribunal or its determination of the merits of the controversy.
14C.) RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Sell Things Fast, then, if Sell Things Fast is the prevailing party, it is entitled to recover from you its reasonable attorneys? fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
15.) Internet Bidder agrees and acknowledges that all purchases made from SELL THINGS FAST online auction will be charged to their credit card on the day of the auction. Placing bids on items offered in this auction will bind the cardholder to all the terms and conditions of this auction.
16.) If you pick up your merchandise in person at one of our auction locations, you need to inspect your item(s) to insure they match the description of the item. If there is a dispute about the item, it must be handled at the time of pick-up in the presence of a SELL THINGS FAST team member.
17.) Sell Things Fast cannot, and will not, be held 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 Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. SELL THINGS FAST, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of SELL THINGS FAST representative is final.
18.) SELL THINGS FAST cannot, and will not, be held 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 Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. SELL THINGS FAST, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of Sell Things Fast is final.
19.) SELL THINGS FAST gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. SELL THINGS FAST does not sell or rent this information.
20.) SELL THINGS FAST uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Sell Things Fast to have your name promptly removed from our list.
By bidding and using Sell Things Fast's online Liveauctioneers site marks your acceptance in full of these Terms and Conditions.