Auction Terms & Conditions
AUCTION TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS. These Terms and Conditions set forth the terms and conditions under which you may utilize the auction services offered by Michael Spooner Auctions Inc. (the "Auction House"). By placing a bid on an item at an auction run by the Auction House, whether in person, by agent, absentee bid, Internet, telephone or other means, you are deemed to have confirmed your acknowledgement and acceptance of these Terms & Conditions.
2. MINIMUM AGE. You must be at least 18 years of age to place a bid. The Auction House reserves the right to nullify any bid where it is determined to have been placed by a minor.
3. AUCTION HOUSE DISCRETION. The Auction House (including its agents) reserves the right, in its sole discretion, to:
(i) initiate and execute the bidding on any item;
(ii) remove any item, either before or during an auction;
(iii) refuse any bid, in its sole discretion;
(iv) exclude from the auction (and nullify any bids) of a person who behaves in a manner that is offensive, threatening, harassing or violent; and
(v) to conduct the auction of any item in person only, online only, or both.
4. BIDDING METHODS. Subject to the manner in which a particular auction is held, you may place a bid on an item:
(i) in person;
(iii) by phone at 613 722-8321 613 220-1212; or
(iv) by absentee bid.
Registration to bid online must be completed on an auction-by-auction basis. The list of currently scheduled auctions can be found at: https://spoonerauctions.hibid.com/auctions/current/. Note that registration to bid online may require the acceptance of additional terms and conditions imposed by the Auction House's third party online auction service provider. The Auction House does not warrant that the online auction site or any function contained therein will be uninterrupted or error-free, that defects will be corrected or that the site will be free of viruses or other harmful components. The Auction House also assumes no responsibility or liability for your internet connection, or any delayed bids.
Absentee bids can be arranged by submission of a completed Absentee Bid Form, found at http://www.spoonerauctions.com/AbsenteeBidForm.pdf.
You represent and warrant that all information you provide to the Auction House during the registration process will be true, accurate, current and complete. You must promptly update your information to keep it true, accurate, current and complete at all times.
You cannot retract or cancel a confirmed bid.
5. AS IS WHERE IS. You are encouraged to inspect each item you wish to bid on and to satisfy yourself as to the description, authenticity and overall condition of each item. By placing a bid, you confirm that you have examined, investigated and/or inquired as to the item to your complete satisfaction. All items are sold AS IS WHERE IS, with no guarantees or warranties (express or implied). The Auction House makes reasonable efforts to ensure the accuracy of catalogue descriptions and auctioneers' statements regarding condition and vintage, but these statements are not warranted. You must rely solely upon your own judgment regarding the condition and authenticity of each item.
6. ERRORS. Occasionally, information concerning an item may contain typographical errors, inaccuracies or omissions. The Auction House reserves the right to correct such information at any time and shall not incur any liability as a result. It is your responsibility to review current information regarding an item prior to bidding.
7. MINIMUM BIDS. All items offered online will have a minimum starting bid as displayed on the online catalogue. Online bids lower than minimum will not be accepted.
8. WINNING BID. All items are sold to the highest bidder. Live on-floor bids will take precedence over bids of the same amount placed in any other manner. In the event of a any error or omission in the submission or processing of any bid, the auctioneer shall determine the successful bidder, and this decision shall be final and binding. The Auction House shall make reasonable efforts to communicate with successful non-live bidders within 48 hours after auction to arrange payment method and shipping details.
9. BUYER'S PREMIUM. A buyer's premium shall be added to the hammer price, as follows:
(i) For lots sold onsite (in person), the buyer's premium shall be seventeen percent (17%); and
(ii) For lots sold online, by phone or by absentee bid, the buyer's premium shall be twenty percent (20%).
10. HST. 13% HST shall be added to the final item price (inclusive of applicable premiums), unless being directly shipped outside of Canada.
11. PAYMENT DUE. The buyer shall pay for all lots in full on the date of the Sale. Failure to do so will result in the imposition of a late fee of 2% per month (24% per annum) on the total invoice. Title to the item shall not pass to the buyer until the item is paid for in full. If payment is not received in a timely manner, the Auction House reserves the right to cancel the sale and sell the item to another buyer, in which case the initial buyer shall be liable to the Auction House for any shortfall.
12. PAYMENT METHODS. Upon completion of an auction, payment for items purchased by online, absentee or phone bidding will be automatically processed on the credit card provided at the time of registration. An invoice will be emailed to you once the payment is processed.
Payment for items purchased by in-person bidding may be made by:
(ii) Visa / Master Card (up to a limit of $5,000.00);
(iii) personal cheque with photo identification;
(iv) Interac/debit card.
A $35.00 fee will be incurred for all returned cheques.
A 2% discount will be applied to all payments made by in-person bidders via cash, cheque and interact/debit card.
Items purchased by credit card will only be shipped to the credit card billing address, which must be provided along with the security code on the credit card and associated telephone number.
13. SHIPPING. No item will be shipped until paid for in full. Packing & shipping (via UPS, Purolator, Fed EX or Canada Post) is available for a fee. The Auction House shall not be responsibile for any loss or damage during shipping. If you require insurance against damage during shipping, UPS must package the item. All items will be shipped with a tracking number. All duties, import tariffs & taxes are the sole responsibility of the buyer. The Auction House shall not be responsible for any searches and seizures at international borders or their functional equivalents. Despite the foregoing, buyers must make their own arrangements for the pick-up and delivery of furniture.
14. REMOVAL OF ITEMS. No item may be removed, and title shall not pass, until the item is paid for in full. Auction House employees will assist clients in handling large pieces only after conclusion of the auction. All items must be removed by 11:00 am on the next day following the auction. Any items not picked up within thirty (30) days of auction will be deemed to be abandoned. The Auction House reserves the right to resell, donate or discard any abandoned items in its sole and absolute discretion and shall be entitled to retain any proceeds realized from the resale of any abandoned items. No refund shall be processed for any abandoned item. The Auction House assumes no responsibility for loss of or damage to items which are not immediately removed upon conclusion of the auction. No bailment or deposit of goods for safekeeping is intended or created hereunder.
15. HANDLING FEE. A handling fee will be charged to buyers who do not remove their items the next day following the auction by 11:00 am.
16. STORAGE. Storage services are available for a fee.
17. RETURNS. ALL SALES ARE FINAL. The Auction House assumes no responsibility whatsoever for any damage to or loss of an item after purchase. The only basis for a return of an item is where the buyer is able to prove, with a recognized expert's comprehensive written report, that there was a material and fundamental error in the manner in which the item was described by the Auction House. In such a case, the Auction House shall provide a full refund. All claims must be submitted within seven (7) days of auction sale date. The Auction House shall not incur any cost associated with outside appraisals or opinions.
18. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AUCTION HOUSE (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS), DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE ITEMS SOLD, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
19. FULL AND FINAL RELEASE. YOU HEREBY (FOR YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS) RELEASE AND FOREVER DISCHARGE THE AUCTION HOUSE, ITS ADMINISTRATORS, SUCCESSORS, ASSIGNS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS AND DEMANDS FOR, UPON OR BY REASON OF ANY DAMAGE, LOSS OR INJURY, TO PERSON AND PROPERTY, INCLUDING ECONOMIC LOSS, WHICH HERETOFORE HAS BEEN OR HEREAFTER MAY BE SUSTAINED IN CONSEQUENCE OF PARTICIPATION IN ANY AUCTION PROVIDED BY THE AUCTION HOUSE OR ANY ITEM PURCHASED VIA AN AUCTION PROVIDED BY THE AUCTION HOUSE.
20. LIMITATION OF LIABILITY. IN NO CIRCUMSTANCE WHATSOEVER SHALL THE AUCTION HOUSE BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR (B) LOSS OF REVENUE, INCOME, PROFIT, SAVINGS OR BUSINESS OPPORTUNITY. THE AUCTION HOUSE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO ANY AUCTION CONDUCTED BY IT OR ANY ITEM SOLD THEREUNDER SHALL NOT EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE ITEM IN QUESTION. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES OR LIABILITY, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE AND EVEN IF THE AUCTION HOUSE HAS BEEN ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LIABILITIES.
21. FORCE MAJEURE. The Auction House shall not be liable to you for any delays or failure to perform any of its obligations under these Terms and Conditions during any period in which such performance is delayed or prevented by circumstances beyond its reasonable control including fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.
22. UPDATES. The Auction House reserves the right to update these Terms and Conditions at any time, effective upon posting an updated version of the Terms and Conditions on its website at www.spoonerauctions.com/terms-and-conditions/.
23. CHOICE OF LANGUAGE. The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
24. GOVERNING LAW. These Terms and Conditions shall be governed by the laws of the Province of Ontario. Any proceeding pertaining to these Terms and Conditions shall be commenced in Ottawa, Ontario.
25. INQUIRIES: Email firstname.lastname@example.org. The Auction House will attempt to respond to inquiries as soon as possible, but where an inquiry is made within 24 hours of an auction, a response may not be provided until after that auction.
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.