Auction Terms & Conditions - Conditions of Sale
All sales are final, and all property is sold "As is, Where is." It is the bidder's responsibility to determine the condition and usefulness of the items purchased. We attempt to describe all items to try to give you a visual of the item you are bidding on. We describe them to the best of our ability and many times rely on information from the consignor that is given to us. If you have questions or are NOT SURE about the condition of or anything pertaining to an item in our auction, please do not hesitate to pick up the phone and give us a call, we will answer your questions to the best of our ability. Call (972) 533-4069 to speak to a representative who can direct your call.
Buyer's Premium:
We currently charge a 15% buyer's premium. ***Note: buyer's premium for all The Assortment auctions is currently 15%.***
Bidding:
A bid by any person shall be conclusive proof that the person has made himself acquainted with these conditions of sale and has agreed to be bound by them. In the event of non-payment during posted pickup days, we reserve the right to charge the outstanding invoice balance to the credit card you provided upon registration. Failure to honor your bid may result in the loss of bidding privileges.
Payment:
The Assortment accepts VISA, Mastercard, AMEX, PayPal and Square payments. We do not accept cash, checks or cashier checks. All credit card payments shall be processed by The Assortment.
Authenticity:
Though all descriptions are believed to be correct, neither auction house nor seller makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.
Auction:
The Auction house owners, employees and consignors reserve the right to bid on any items in auction, however, Auction house owners and employees do not. Persons attending preview or auction during removal of goods assume all risks of damage of or loss to person and property and specifically release the auctioneer from liability, therefore. Neither the auctioneer nor his principal shall be liable by reason of any defect in or condition of the premises on which the sale is held including but not limited to personal injury, fire or theft. If foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, auctioneer at his option may 1) resell the property publicly or privately, with the purchaser being liable for the payment of any deficiency plus all costs incurred or 2) cancel the sale, retaining all liquidated damages on all payment made by purchaser. Auctioneer commission and all other incidental damages will be charged. Auctioneer is acting as an agent and agent only and is not responsible for the acts of his or her principals.
Pickup Times:
Pick up times are firm unless extenuating circumstances warrant i.e., acts of nature, etc. All items must be picked up during the published times. If you cannot make pickup during the established times, DO NOT BID. Do not risk placing a bid hoping that we can store your items! We do not have the room or the resources to store your items. Again, if you cannot make pickup during the established times, DO NOT BID. If you do choose to bid and fail to pick up your items during the published times, we will charge the credit card on your file and your items will be forfeited. Failure to abide by the pickup times may result in loss of bidding privileges.
Governing Law:
The laws of the state of Texas govern this agreement. Any and all lawsuits must be filed in Collin County courts and the Northern District of Texas.
Privacy Policy:
Included in these terms and conditions is the privacy policy as outlined on the, The Assortment website.
Indemnification:
Buyer shall indemnify The Assortment against any claims, damages, or liability (including reasonable attorney's fees), as a result of an injury or other harm suffered by any person and stemming from the sale, whether arising before, during, or after the sale. Buyer agrees to indemnify The Assortment for any damages or losses. Buyer will not hold The Assortment, its owners, affiliates or its employees, liable for accidents, injury, theft, or incidents related to this purchase.
Intellectual Property:
By submitting any images to The Assortment for the purpose of sale, marketing, or any use on our website, you grant The Assortment worldwide non-exclusive license to use the image on any and all marketing collateral digital, printer or otherwise.
Trademarks:
All trademarks, service marks, and copyrights owned by The Assortment shall not be used without written permission. This includes the name The Assortment, any and all website URL addresses and abbreviations of such.
AuctionFlex:
AuctionFlex sets up each user on this website and collects all user information. The Assortment does not have access to usernames and passwords. AuctionFlex does provide The Assortment with username, contact information and credit card information provided during the registration processes. User information will not be sold to any third-party advertisers by The Assortment.
Handling cost vary depending on the size and labor to ship an item. Typically, smaller items handling cost will range from $5.00 and up. Larger items or difficult to ship items handling cost will be more, however, we cap our handling cost at $100.00.
All handling fees apply specifically to time and labor involved in shipping the item(s).
Handling fee is applied to all shipping. Items not picked up at the designated location within 7 business days will be donated or possibly resold. We have limited storage space and cannot hold on to these items any longer than two weeks. Possible suspension of bidding rights may occur at management's discretion if items are stored and not retrieved.
We value our customers and continue to look for ways to make auction bidding fun and easy.
Thank you for bidding and winning with "The Assortment" on HiBid!
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