Auction Terms & Conditions
Bidders are instructed to ensure their spam filters are set so any notices of successful bids, winning bids or invoice notices are not directed to thier junk mail folder. Bidders are instructed to check their email spam folders to ensure any auction notices have not been sent there.
Winning bidders will receive an email invoice within 12 hours of auction closing. Contact us imediately if you were expecting a winning invoice but did not receive one as "didn't receive an invoice" will not be accepted as an excuse for not picking up or arranging for shipping.
Online bidders must be registered to bid in the same name and address that appears on the registered credit card.
Pick up times are clearly posted. Items are to be paid for and removed no later than two business days after the auction sale closes and during the posted business hours. Business hours are 9am to 12 noon , 9am to 2pm on Saturday unless posted otherwise. Any items left longer than that will be considered abandoned, bidder's credit card will be charged and the items disposed of at the descretion of the auctioneer without refund to the bidder. No Exceptions. Do not bid if you can not pay for and remove your items during the posted pickup times.
Haydon Auction Barn cannot be held responsible for slow internet connections, drop offs or any other slow downs or difficulties that may occur. Haydon Auctiionn Barn reserves the right to cancel, reschedule, close bidding, re-open bidding, pause the auction, hide the auction or any other action deemed necessary in the event of internet failure.
We will only ship items that are not exceedingly fragile and are will fit in an 18" x 18" x 18" box including padding. No larger. Shipping is done at Bidder's own risk and expense. Items are shipped via Canada Post at their current rates plus a nominal handling fee of at least $5 (more if the item(s) require extensive packaging). We can only ship items to the address on the registered credit card.
Winning Bidders that are picking up their items will have the option of paying by cash, debit, visa or mastercard when they pick up their items. There is a 13% Buyer Premium on all sales with a 3% discount on the buyer's premium if payment is made by cash or debit.
All items are sold 'as is where is' with no warranty or guarantee specified or implied with regard to grade, finess, suitability or condition. Any indication of grade or fineness with regard to coins, banknotes, stamps or jewelry is the opinion of the consignor or, in the case of a third party grader or appraiser (ICCS for example) is the opinion of that particular grading or appraisal company and not necessarily the opinion of Haydon Auction Barn or the Auctioneer. Items are sold with all hidden value and faults. All items are sold as is where is without any warranty or guarantee specified or implied as to grade, fineness, suitablity or condition. Any included appraisals are for insurance replacement value and are the opinion of the appraiser. Descriptions of Jewelry metal content and gemstones are accurate however some pictures may not exactly match the item. Please try to view the items in advance and decide on your bidding limit as all sales are final. Preview times will be clearly posted. All items must be paid for before leaving the property. Any items not removed within 48 hours will be considered abandoned and resold to the credit of Haydon Auction Barn or disposed of at buyers expense.
Haydon Auction Barn (haydonauctionbarn.com) Auction Terms & Conditions. Haydon Auction Barn (haydonauctionbarn.com) is not responsible for the actions of its consignors and/or their principals. Haydon Auction Barn (haydonauctionbarn.com) in its sole discretion may ban from further use any buyer or seller which Haydon Auction Barn (haydonauctionbarn.com) believes to have in any way misrepresented itself or any items selling, failing to abide by terms, or conduct any improper auction behavior determined solely by Haydon Auction Barn (haydonauctionbarn.com). Any seller who misrepresents their items and any buyer who fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions. The balance will be due within two calendar days at pick up payable by cash, debit, visa or mastercard. If in doubt the purchase price is the Sum of the bid price, the buyers premium if applicable, the buyers fee if applicable, and all sales taxes as applicable. All payments must be in Canadian funds. Notice: A buyers premium varies and will be clearly posted on the auction page. PICKUPS & REMOVALS: Dates and times for pickup will be posted on our website. Do not bid if you are unable to have your items picked up. Any item not picked up during the posted pickup times will be considered an abandoned item. All purchases must be removed from the auction site without damaging any property and within the time announced or posted. All costs and risk of such removal shall be the responsibility of the buyer and, in every case; buyer will use prudence and care in such removal. If for any reason buyer fails to remove any of buyers purchases within the time specified, the auction company shall have the right but not the obligation, in its sole discretion, to remove and store such purchase at buyers sole risk and expense. All items are sold in place. Buyer or his agents must bring any and all tools, equipment and labour required to remove any items you purchase. Any items not removed by the times shown will be deemed abanonded regardless of the price. Unclaimed items, whether paid for or not, will be deemed abandoned at the close of the last pick-up date, unless the buyer has made previous arrangements with the auctioneer. A fee for special pick-up times outside of the posted pick-up time(s) will be added to the buyer's invoice. Abandoned items may be disposed of or re-sold at auction at the sole discretion of Haydon Auction Barn. NO REFUND WILL BE PROVIDED FOR ABANDONED ITEMS AND PAYMENT MUST BE MADE FORTHWITH. ABANDONED ITEMS - FEES if Item is Stored: A $25 per item per week storage and handling charge will apply . This will be added to your invoice. SALES TAX: All bidders will be subject to HST. TERMS: All items are sold 'as is where is' with no warranty or guarantee specified or implied with regard to grade, finess, merchantability, suitability or condition. Items are sold with all hidden value and faults. Bidders are instructed to view any and all items they may want to bid on in advance of bidding and judge for themselves as all sales are final. All items must be paid for before leaving the property. Preview times will be clearly posted. If no preview is available - the principle of Caveat Emptor "Let the buyer beware" applies. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them. No bids can be withdrawn after the auction for any reason. Buyers agree that any oral representations made by the auction company shall not modify these AS IS WHERE IS terms. All information and descriptions contained in advertising the sale are believed to be correct, but no responsibility is assumed by Haydon Auction Barn for any errors or omissions. Haydon Auction Barn reserves the right to close early or extend an auction at any time at its discretion. Buyer expressly agrees to indemnify and hold the auction company harmless against all claims , losses, expenses, damages or liability,(including, but not limited to, attorneys fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the auction company, or any acting in his/her behalf in connection with or arising out of auction. WINNING NOTIFICATION & INVOICING: All winning bidders will receive an e-mail invoice within 24 hours of the auction closing. ADDITIONS & DELETIONS: We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction. RESERVE: If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item. If reserve price is not met at the close of auction, the consigner will have the option to either release the reserve and sell the item to the highest bidder or keep the item. AUCTION RECORDS: In the unlikely event of a dispute, you agree to accept as true the information that we have in our records. SOFT CLOSE: Items close at regular intervals. 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. This will continue until all bidding has ceased. CATALOGUE ERRORS & OMISSIONS: If a description does not match a picture in a lot, the description takes precedence. All items are sold on an 'as is, where is' basis, with all faults. In the event an item was listed in error or an item can't be located during pick up for any reason, the bidder agrees that their maximum recourse is a full refund of the item in question and that all other items bid on remain binding. By bidding you are acknowledging agreement with the terms above. DO NOT BID UNLESS YOU AGREE TO ALL THE TERMS ABOVE. BY BIDDING YOU ARE ACKNOWLEDGING YOU ARE IN AGREEMENT WITH THE TERMS ABOVE.
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.