AUCTION TERMS & CONDITIONS Terms and conditions to bid and buy. Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Rightside Auctions ("Rightside Auctions") ("we" and/or "us", etc.) and you ("you", "bidder", "purchaser"). The act of registering for our auction is a legally binding contract pertaining to the Terms & Conditions outlined in Rightside Auctions LOCATION AUCTION TERMS & CONDITIONS. The act of registering means that you have read fully and agree to all Terms & Conditions within. REGISTRATION & IDENTIFICATION At the time of registration, we collect information about you to verify who you are before you can bid. All bidders must be of legal age to bid. PAYING FOR YOUR PURCHASES We accept E-TRANSFER (preferred), Visa, Mastercard, AMEX, Cash (exact change ONLY) BUYERS PREMIUM * A 16% Buyers premium and 13% HST is applied to all invoices. Additional charges may be applied for items held or abandoned as outlined in the PICKUP & REMOVALS section of the terms and conditions. BIDDING Rightside Auctions reserves the right to void any bid, whether winning or not, which we believe (i) has not been made in good faith and in accordance with these Terms; or (ii) is intended to manipulate our Services. Rightside Auctions reserves the right to cancel, revert or delete any bids and/or max bids, winning or otherwise, at any time for any reason irrespective if the lot is open or closed. You may place a max bid on Listed Item(s). When you place a max bid, our bidding technology will automatically place bids on your behalf, using the smallest increment necessary to ensure you remain the high bidder until your max bid is met. If another bidder has placed the same bid before you, or a max bid that is higher than yours, we will attempt to let you know that you have been outbid. In that situation, you may attempt to place another bid within the specific auction time. Please be advised, Rightside Auctions is not responsible for the security of your HiBid account and hence any bids placed from your account that result in an invoice, are binding and are the sole responsibility of the account holder. Anyone else utilizing your account with or without your knowledge is not the responsibility of Rightside Auctions. Any invoices issued as a result of unauthorized account use are the responsibility of the account holder and payment will be charged in full on the invoice. Buyers are advised to secure their accounts, protect account access and avoid sharing account details with anyone to avoid any surprise charges or invoices. Bidders are fully responsible for all bids placed. Bid with caution to ensure you don’t bid on an incorrect item and/or the wrong amount. Carefully review all bids prior to placing them. It is the bidders responsibility to read all descriptions and look at all photos prior to bidding. No exceptions or requests in regards to the above situations will be entertained by Rightside Auctions and all invoices remain due in full to the holder of the account. PROHIBITED BIDDER CONDUCT Any deliberate attempt to artificially influence the sale price of any Listed Item(s), directly or indirectly, including but not limited to bidding through a secondary account, agent, or representative, bidding on Listed Item(s) that you may also be selling, communicating with other Bidders, or shill bidding is expressly prohibited. REVIEWING THE STATUS OF YOUR BIDS During an auction you can check the status of your bids at any time. No bids can be withdrawn after the auction for any reason. All items are sold as is, where is, with all faults and with no assurances that any item is fit for a particular use. All bids are legally binding and enforceable. BIDDING NOTIFICATIONS You can choose to be notified by email during the auction if you have been outbid. Please note that outbid notifications are NOT sent out during the last two hours of the sale. WINNING NOTIFICATION & INVOICING All winning bidders will receive an email invoice within 24 hours of the auction closing. Rightside Auctions does not take responsibility for buyers security on their email accounts. Be advised that your email security may prevent our emails from going to your inbox. Sometimes invoices are filtered to junk or spam mailboxes.We encourage bidders to mark our email address as safe. Invoices will be sent to the email associated with your Hibid account. It is strongly advised to check on Hibid to see if you have won your items. "MAY HAVE WON" means you HAVE won and applies only after the auction has officially closed and been finalized in our system. Once the invoices have been created, the auction is fully complete and closed. It is the bidders responsibility to identify if they have won items. PICKUPS & REMOVALS Dates and times for pickup will be posted in the auction details of the particular auction you are bidding on and will be included on your invoice. It is your responsibility to review the pick-up schedule prior to bidding on any item(s). The Pickup hours listed on our website apply to our office hours only and differ from our pick-up schedule. We offer shipping services, please refer to the shipping section of the auction. Do not bid if you are unable to have all your items picked up on the posted date(s) and times. Any item(s) not picked up during the posted pick-up times will be considered abandoned. Items are sold 'as is, where is', with all faults. If you choose to abandon an item after any auction, you will forfeit those item(s). Disposals of uncollected items will occur promptly at the time of pick-up close on the final day of pick-up. If abandonment or failure to pay occurs, you will be banned from any further bids on any of our future auctions. On occasion, alternative pick-up dates/times can be arranged. This must be done in advance and prior to the applicable auction closing date. This alternative pick-up option is subject to Rightside Auctions schedule availability and may be denied. It is your responsibility to ensure we have confirmed your request for an alternative pick-up date/time. Alternative pick-up's must be requested through email at EMAIL If an alternative pick-up is arranged, you will be charged a taxable holding fee of $20.00 per week in addition to the invoiced cost of the item(s). Alternative pick-up cannot extend beyond fourteen (14) days of applicable auction close. If item(s) with alternative pick-up arrangements are not picked up according to the arranged time (in accordance with Rightside Auctions), the item(s) will be considered abandoned, will be disposed of, and you will be banned from any further bids on any of our future auctions. You are required to bring any assistance you will need to pick up your items. Rightside auctions staff and affiliates of Rightside Auctions will not assist in lifting, loading, fixing, packing or unpacking any of your item(s) or any piece or part of your item(s). Successful bidders will be required to pick-up their item(s) at PHYSICAL ADDRESS unless otherwise specified. Alternate pick-up locations cannot be arranged. SHIPPING We offer shipping on all lots. Shipping costs solely depend on the location & the size and weight of the package. A handling fee of $6 + tax will be added to the shipping cost. Bidders are advised to consider this before bidding. Shipping costs aren't negotiable, they are determined by the shipping company. All orders will be shipped internally by Rightside Auctions and through the most economical option: Purolator with Tracking Fedex with Tracking Canpar with Tracking NationEx with Tracking Third-Party Alternative with Tracking Shipping can be arranged on request. You can request shipping by adding an auctioneer note upon registration ‘SHIPPING REQUIRED’ or by emailing EMAIL (remember to include your invoice number). The buyer is responsible for providing the correct shipping address. If the address you want your items shipped to is different from the one on your Hibid account, let us know immediately. We cannot ship to P.O. Boxes as all shipments require a signature. Upon placing a successful bid the buyer is bound to pay in full both the invoice cost and associated shipping fees. These are non-negotiable and non-refundable. We are happy to provide shipping estimates up to 4:00pm EST on the Wednesday prior to auction close via email or telephone call (address and interested item numbers are required). Any shipping quote requests received after this time will not be answered. Please be advised that some large items cannot be shipped and this will be indicated in the item description if applicable. Shipping and handling costs are the responsibility of the buyer and will be automatically processed to the credit card on file Please be advised that due to logistical challenges all shipped items that fall within our refunds procedures qualify ONLY for auction credit and ONLY in cases that strictly meet the procedures outlined in our refunds policy. All refund decisions remain at the sole discretion of Rightside Auctions management. Please note, shipping costs/handling fees are completely non-refundable. TRANSFERS We are offering transfers to Brantford and Guelph locations only. There is a $10 fee (plus applicable taxes) per invoice. You MUST pay for your invoice and transfer fee before it can be processed. CONDITIONS OF ITEMS SOLD & OUR ONLINE CATALOG Our very best efforts are made to ensure all items are represented accurately in the photographs and descriptions; however, all items are ultimately sold on an 'as is, where is' basis, with all faults. Bidders are strongly encouraged to read the full description of each lot and carefully view the in-house photos of the actual item(s) (those following the retail photos) prior to placing any bid. No responsibility is assumed by Rightside Auctions or the seller for any errors or omissions. Please keep in mind this is a Returned Merchandise Auction. Items could be missing parts, damaged, not the exact item in the box or nothing wrong at all. References in relation to condition are opinions i.e. NEW means that to the best of our knowledge the item appears to be unused (This DOES NOT mean it is a factory sealed item), USED means that it is our opinion that the item has previously been used, FACTORY SEALED means that the item arrived sealed and has not been opened whatsoever, if no condition details are added to a lot, it means that we have no opinion or that the in-house photos show the obvious. It is the bidders responsibility to form their own opinions based on the in-house photos. While we do our best to inspect items, we cannot inspect all items. All items are sold "AS IS" and are FINAL SALE. Rightside Auctions provides no warranty regarding shelf life or food safety related to any items, food or beverage products being sold. It is the Buyer's responsibility to ensure food safety and comply with all applicable laws and regulations concerning food safety. Seller is not responsible for any damage or loss, medically or otherwise, resulting from products or ingestion of products sold in our auctions. RETURNS POLICY All items are non-refundable, however, returns in the form of Auction Credits may be granted according to the following returns policy. Returns will only be considered in the case of gross misrepresentation of item details, and/or complete non-functionality. Return claims MUST be made within 4 days of auction close. ALL return requests must be emailed to EMAIL with the invoice number, item number, a clear and precise description of the issue and pictures wherever possible. NOTE: Return settlements are ONLY granted as auction credits, there is NO exception to this. Auction credits do not expire and can be used at any future Rightside Brantford auctions. The decision to grant any returns, remains at the sole discretion of Rightside Auctions. Note: Items with 'Sold as Is' written in the lot details, are absolutely non-returnable. Please exercise caution when bidding on these items. NOTE: All returns require the item to be physically returned to our facility. Under no circumstances will Rightside Auctions retrieve any item(s) being returned. No auction credits will be issued until the item is received. All buyers are responsible for checking their items before leaving our premises to avoid having to return to our warehouse post pick-up. The above policy applies irregardless of distance from our warehouse and/or any inability to return the item. Returning the physical item is the full responsibility of the buyer. Any costs associated with shipping an item to us for return remains the full responsibility of the buyer. Please be aware that many of the items we sell require assembly and is the sole responsibility of the buyer. NOTE: items CANNOT be returned for reasons of personal preference or personal indifference i.e. didn't match, not needed, color appears different, didn't fit etc. Items CANNOT be returned for missing hardware, missing instructions or imperfections. Buyers are strongly encouraged to review the details of any lot they intend to bid on. Bids cannot be retracted. Be aware that photographs may differ slightly from the actual item(s). Retail photos are included as an example representation only and are generally the first or first few photos of each lot. The actual photo may differ from the retail photo, in-house photos (those of the actual item) show exactly what you are bidding on. Where there is conflicting information between the item(s) details and the retail photograph, the posted written details and in-house photos prevail. SHIPPING/TRANSFER REFUNDS Please note the additions to the returns policy for shipped/Transferred items All refund requests must be emailed to EMAIL with clear and precise description of the issue and pictures wherever possible. These requests MUST be made 4 days after receipt of items. All general returns procedures are still applicable. Any & all returns will be offered as ONLY auction credits which can be used towards future auctions. Shipping costs & fees are non-refundable. CLAIMS No claims regarding goods purchased will be allowed. Bidders are reminded that all goods are sold on an 'as is, where is' basis, with all faults. PERSONAL & PROPERTY RISK The Buyer expressly agrees to indemnify and save Rightside Auctions and their Sellers/Consignors harmless from and against all claims, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including negligent acts or omissions of Rightside Auctions, or anyone acting on his/her behalf in connection with or arising out of an auction. ADDITIONS & DELETIONS Rightside Auctions reserves the right to withdraw, postpone, or cancel any Listed Item(s), in our sole discretion, with or without notice. We shall have no liability to you as a result of any withdrawal, postponement, or cancellation. RESERVE Seldom are items sold with a 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 enter a bid. Any reserves are between the consignor & the auctioneer and are subject to the consignor's approval. The Auctioneer reserves the right to reject any bid at their sole discretion. AUCTION RECORDS In the unlikely event of a dispute, you agree to accept as true the information that we have in our records. ONLINE BIDDING For online bidding, please keep in mind that the connection to the internet is not absolutely reliable. Connection problems can happen between or within our office, between or within the software servers, and/or between or within bidders and potential bidders. We cannot be held responsible for any of the above possible issues, or for your bids not making it into the system. Rightside Auctions takes no responsibility for technical faults. 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 3 minutes. This will continue until all bidding has ceased. STRATEGY We recommend that all bidders put in their maximum bid when placing a bid online. This does not mean you will have to pay the maximum amount you bid; you only pay one bid more than the next highest bid, and only up to your maximum bid. The software system will play out the bids as you would at a live auction and only uses the funds required to beat out the under-bidder at the prescribed bid increment. CATALOG ERRORS & OMISSIONS Written and oral descriptions are the opinions of Rightside Auctions and should in no way be construed as a guarantee of any kind as to authenticity, age, model, make, materials, condition or any other feature of items being sold. Rightside Auctions 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, item descriptions or pictures within. Questions regarding item(s)/lots can be asked by emailing EMAIL. Questions will only be answered if received at least 24 hours prior to applicable auction closing. 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 Rightside Auctions that you deem adequate. If you are not satisfied with the information provided regarding any items or lots, do not bid on the item(s)/lot in question. All items are sold on an 'as is, where is' basis, with all faults. Any listed retail values and/or prices are approximations only. It is your responsibility to do your own due diligence in researching values. Buyers are strongly encouraged to review the details of any lot they intend to bid on. Bids cannot be retracted. Be aware that photographs may differ slightly from the actual item(s). Where there is conflicting information between the item(s) details and the photograph, the posted written details prevail. PRIVACY POLICY Your personal information is collected through our contact forms only. This website currently has no applications or programs that gather information from your computer without your consent. Users are required to give us contact information (e.g., address, phone number and email address) and demographic information (e.g., your postal code). Certain information, such as your email address, is collected in order to verify your identity and for use in our records. Under no circumstances will your email, phone number or address be sold to, or given to any other parties. Please contact us at EMAIL to request to be removed from our email list. All items sold "AS IS, WHERE IS" with all faults. By bidding you are acknowledging agreement with the terms above. Please do not bid unless you agree to all of these terms.