GENERAL TERMS AND CONDITIONS FOR BIDDERS
PREFACE
Please read carefully all the terms and conditions of this agreement. No buyer will be permitted to use the Auctions-ME site unless they accept the terms of this agreement. By clicking the “Register” button or signing this agreement, you accept the terms and conditions of this agreement.
Buyer or Bidder acknowledges that Auctions-ME is not the Seller or Auctioneer of items being displayed and webcast using the Auctions-ME software and search engine. Auctions-ME is a service provider for both Buyers and Sellers, and Buyers and Sellers agree to these terms and conditions below as legal and binding between themselves and Auctions-ME. None of these terms are to be superseded to the detriment and risk of Auctions-ME by specific terms and conditions of a Seller’s particular auction.
BUYER OBLIGATIONS
Placing a bid using the Auctions-ME webcast or pre-bid system is a legally binding obligation. If you are the successful Buyer, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by the Seller. Failure to make such payment shall be deemed a breach of this Agreement.
A Buyer may not remove an absentee bid (pre-bid) without the approval of the Seller or Auctions-ME, which may be granted or denied in each of their sole discretion. Auctions-ME retains the right to take any adverse action, including without limitation termination of a Buyer’s account, against Buyers who are deemed to be abusing bid-retractions. Buyers expressly acknowledge and agree that Auctions-ME makes no guarantee or representation regarding the effectiveness or success of pre-bids.
Auctions-ME is not responsible for any errors or omissions in the description or photography provided on this Web site or in Auctions-ME bidding application. Due diligence to verify the condition and description of an item is the sole responsibility of the Buyer prior to placing any bid on this Web site.
Buyer agrees to keep Buyer’s user identification and password confidential, and Buyer is solely responsible for any activity generated utilizing its account with Auctions-ME. Buyer represents and guarantees that any and all information supplied by Buyer to Auctions-ME is accurate.
DEFAULT GENERAL AUCTION TERMS
Buyer’s and Seller’s agree the Auctions-ME General Auction Terms, as the terms and conditions for all Auctions-ME serviced auctions, unless expressly set forth within the Seller’s Terms of Sales of for the particular sales event.
- Seller agrees that all goods and property sold “AS IS” shall include a clear and conspicuous description of any known defect(s) of the product (for example: “broken” “missing parts” “for parts only”).
- Buyers are encouraged to bid only after they are completely satisfied as to origin, authenticity, and condition. Questions regarding any item being sold should be directed to the auction staff at least 48 hours prior to the auction.
- Seller is allowing Buyer to participate in the auction through Internet pre-bidding and live bidding. Buyer acknowledges and understands that such services may or may not function correctly the day of the auction. Under no circumstances shall Buyer have any kind of claim against Seller or anyone else if the Internet service fails to work correctly before or during the live auction. Seller will not be responsible for any missed bids from any source. Internet Buyers, who desire to increase the change that their bid is acknowledged during a live event, should use the pre-bidding feature.
- Due to the complexity of modern electronics and digital photography it is often impossible to get an exact and consistent reproduction of color. Therefore, the only flawless manner to assess the color saturation and detail of any graphic is by personally viewing the subject. Seller will not be responsible for any variation between the catalog image and the actual piece.
- Seller may postpone or cancel the auction, withdraw any property from the auction, or change any terms of the auction or particular conditions of sale prior to the auction.
- All announcements made on the day of the sale supersede all printed material.
- Auctions-ME reserves the right to reject or void bids, whether winning or not, which it believes have not been made in good faith, are intended to manipulate the Auction process, or are prohibited by applicable law.
- If Seller determines that any opening bid is unreasonably lower than the value of the article offered, Seller may reject that opening bid and withdraw the article from sale; and, if having acknowledged an opening bid, Seller decides that the highest ascending bid thereafter is still unreasonably lower than market value, Seller may reject the bid.
- Items may be offered with a “minimum bid”, in which case, the Seller agrees to sell the item to the highest bidder who bids at or above the minimum bid price.
- Auctions-ME is the one and only judge for the determination of winning bids, but Auctions-ME shall not be liable for any errors or omissions relating to such determination, whether by Auctions-ME or some other person.
- Buyer’s premium may be charged by the Seller at 10%, in addition to the buyer’s premium charged by Auctions-ME and will be added to the selling price to determine the total purchase price paid by the Buyer.
- Once a Buyer has won the bid, ownership of the item immediately passes to the Buyer who thereupon (a) assumes full risk and responsibility therefor, including all risk of loss or damage, and (b) shall pay the full purchase price therefore or such part as Seller may require.
- The record of sale, kept by the auctioneer and clerk, will be taken as absolute and final in all disputes. In case a Seller rejects a bid subject to the terms of item 7 above, the high bid will be kept and announced as “For the Record.” A bidder who has his high bid recorded as For the Record has the right to negotiate directly with the Seller to come to agreement for sale.
- Any purchase through the use of Auctions-ME is subject to Internet Bidding Fee 10% per lot of the winning bid.
- Full payment is required with two (2) working days of purchase. Any payment not received within this period, may, at Auctions-ME discretion, be cancelled. You warrant that any payment method selected by you when placing a bid shall enable you to make full and immediate payment for the Product(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Auctions-ME may in its sole and absolute discretion cancel your bid. In such case, Auctions-ME may in its sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At Auctions-ME sole discretion, but without any obligation, alternate payment methods may be arranged with the Product purchaser(s) in the case where a payment method has been declined.
- Delivery / Pick u of the purchased items is the responsibility of the Buyer.
- Items sold must be picked up or shipping arranged within a reasonable amount of time or Buyer may be subject to removal and storage fees. Specific removal dates will be announced before each auction in the terms and conditions specific to that auction.
- If, within a reasonable amount of time, Buyer gives notice in writing to Seller that the lot so sold is in fact substantially different in age and specification than described, and after such notice the Buyer returns the lot to Seller in the same condition as when sold, and establishes to the satisfaction of Seller that the returned lot is in fact substantially different than described, Seller will rescind the sale and refund the purchase price.
- These Default Auction Terms shall constitute a legally binding contract between Buyer and Seller, which contract shall be construed and enforced in accordance with the laws of the Country and/or state/province in which the Seller is located, without giving effect to the conflicts of laws principles of such state. In the event of any conflict or inconsistency between these Default Auction Terms and any Special Terms of Sale, the Special Terms of Sale shall prevail and govern.
User acknowledges and agrees that Auctions-ME has no responsibility or obligation to police or enforce compliance by Buyers or Sellers with the Default Auction Terms or Special Terms of Sale.
DEPOSIT POLICY
Most Sellers using the Auctions-ME webcast and pre-bid system require deposits in advance of being approved to bid at an auction. Buyers have the option to pay a deposit amount as required by the Seller that will apply only to a particular auction, or; to pay a deposit to Auctions-ME that will be applied to all current and future auctions that Auctions-ME is hosting, until such time as the deposit is forfeited or refunded to the Buyer.
For a new Bidder registering with Auctions-ME having no history of successful bidding at any of Auctions-ME hosted auctions, Auctions-ME and Sellers agree to allow a bid limit of twenty times (10X) the amount of the deposit made to Auctions-ME (minimum of Aed 1000 deposit) by cash, wire transfer, credit card, cashier’s check, or other method. This bid limit will be applied to all auctions being webcast by Auctions-ME, and the Bidder will be automatically approved for each auction at such time that he or she accepts the Seller’s specific terms and conditions of a particular auction.
The bid limit will be “drawn down” on the actual amount basis each time a buyer is the winning bidder on any items at any auction, until such time as the Buyer pays for his purchases and all associated fees and charges, at which time the full bid limit will be re-installed and possibly increased at the request of the Bidder and approved by Auctions-ME.
The deposit made by the bidder will be held by Auctions-ME for a minimum period of ninety (90) days from date of deposit, and during this period the bidder will be auto-approved to bid at all Auctions-ME webcast auctions up to his or her bid limit. After the 90 day period, bidders can request a refund of the deposit with seven (7) days notice. Bidders who request a refund of their deposit may or may not be entitled to use the Auctions-ME member services or bidding privileges, depending on the discretion of Auctions-ME management.
If a Bidder is the high and winning bidder at any Auctions-ME auction, and breaches his or her obligations to pay for the items and honor other terms and conditions agreed to, the deposit amount will be forfeited and Buyer will be banned from registering to bid using the Auctions-ME system.
Bidders requesting a temporary increase in their bid limit for a particular auction must do so at least 48 hours prior to the auction start.
Disclaimer
The product, site and service, including all content, functions, materials and information made available on or accessed through the site (including without limitation any inspection report), are provided on as is, as available basis without representations or warranties of any kind whatsoever, expressed or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. Auctions-ME does not warrant that the product, service or the functions, features or content including any inspection report contained therein or in the site will be functional, timely, secure, uninterrupted or error-free, or that defects will be corrected. Auctions-ME and seller make no warranty that the equipment, site or service will meet buyers’/participants’ requirements or expectations, and expressly disclaims any warranties or guarantees that by listing product(s) on the site, the listed product will be sold or will be suitable for any purpose. If you are dissatisfied with the site or any services on the site, your sole remedy is to discontinue using the site and the service. Auctions-ME makes no warranty regarding any equipment or services purchased or obtained through the site or any transactions entered into through the site. No advice or information, whether oral or written, obtained by you from Auctions-ME or through the site shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. Auctions-ME expressly disclaims any endorsement or warranty of any equipment sold on or through the site and any responsibility for any misrepresentations or breaches committed by another participant.
Limitation of Liability
In no event shall Auctions-ME nor seller be liable for any damages of any kind arising from (a) any injury to any person or property caused by the product or (b) defects in such product on any theory or liability including without limitation product liability. In addition, in no event shall Auctions-ME or seller be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the service, the site or its content including without limitation any inspection reports and materials and functions related thereto, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if Auctions-ME or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the total liability of Auctions-ME to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from this agreement or your use of the site and the service exceed, in the aggregate, AED 50.
Indemnity
You agree to defend, indemnify and hold harmless Auctions-ME, its officers, directors, agents, subsidiaries and employees from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the extent arising out of or in any way connected with any breach or violation by you of this Agreement, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.
General
- All prices are listed according to their value in United Arab Emirates Dirhams.
- You may not manipulate the price of listed Product by any means, including but not limited to using secondary accounts, colluding with third parties, or bidding on your own Product. You may not use an alias to place bids on any Product you are selling, either directly or indirectly for any reason.
- Auctions-ME determines that a Seller or someone associated with a Seller has bid on that Sellers own item, shill bidding penalties will be assessed against the Seller.
- Auctions-ME may, at any time, delete, modify or supplement the content of Auctions-ME.com without prior notice. Auctions-ME reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or the service, including, but not limited to, content, features or hours of availability. Auctions-ME may also impose limits on certain features of the service or restrict your access to part or all of the site or the service without notice or penalty.
- You agree that Auctions-ME has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on Auctions-ME and the service Auctions-ME reserves the right at all times to edit, disclose or refuse to post any material or information or request removal of or remove any material or information from Auctions-ME.
- You agree that you will not use any automatic device or manual process to monitor or copy Auctions-ME web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Auctions-ME.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Auctions-ME infrastructure.
- Auctions-ME makes reasonable commercial efforts to make its service and site available at all times. However, Auctions-ME is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.
- This agreement constitutes a legally binding agreement between you and Auctions-ME until terminated by you or Auctions-ME, which Auctions-ME may do at any time, without notice, at Auctions-ME sole discretion. If you become dissatisfied with the service or the site, in any way, your only recourse is to immediately discontinue use of the service.
- The trademarks, trade names, designs and all material contained on this site, including all portions of the web site, content, site design, text, graphics, and all intellectual property rights thereto are the sole and exclusive property of Auctions-ME or its licensors. The use of any such property for any other reason, on any other web site, or the modification, distribution or republication of this material without the prior written permission from Auctions-ME Management is strictly prohibited.
- If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. The failure by either you or Auctions-ME to exercise or enforce any rights or provisions of this agreement shall not constitute a waiver of such right or provision.
- We use your personal information only to provide the services you’ve requested. Your information will only be passed to the agent that is dealing with your sale / collection. We may also use this information for auditing, research and analysis to operate and improve our technologies and services. We will not pass your details on to any third parties.
- These terms set out the entire understanding between Auctions-ME Management and customers, Participants, Sellers, and bidders with respect to the use of this Site. No other terms, whether express or implied, shall apply unless specifically incorporated by reference herein.
- The parties expressly agree that all performance under this agreement and the resolutions of disputes shall be conducted in the English language. If a translation of this Agreement into any other language is required by law, the English version will prevail to the extent that there is any conflict or discrepancy in meaning between the English version and any translation thereof. If this agreement is provided to you in a language other than English, Auctions-ME does so soley as a convenience for you.
- Governing Law.
Jurisdiction. This agreement shall be governed by and construed in accordance with the laws of Dubai and the United Arab Emirates. In the event of dispute in connection with this agreement, you herby submit to the non-exclusive jurisdiction of the Dubai courts.