Online Auction Terms and Conditions
J & E's Discoveries, LLC dba The Funky Junk Market
62 North Ave Suite 1B, Owego, NY 13827
Conducted via the HiBid Platform
1. General Terms
By registering for and participating in any auction conducted by J & E's Discoveries, LLC dba The Funky Junk Market ("Auctioneer," "Consignor," or "Company"), the bidder ("Bidder" or "Buyer") agrees to be bound by the following Terms and Conditions. The Auctioneer reserves the right to amend these Terms and Conditions at any time and without prior notice. It is the responsibility of the Bidder to review these Terms and Conditions prior to bidding.
2. Auction Format and Platform
All auctions are conducted online-only via the HiBid platform. The Auctioneer is not responsible for any technical issues, errors, or interruptions that may arise with the platform. The Bidder acknowledges and agrees that J & E's Discoveries, LLC has no control or responsibility for the HiBid platform’s performance or the bidder’s connectivity.
3. Registration and Bidding
Bidders must be at least 18 years of age to participate. The Auctioneer reserves the right to refuse registration or bidding to anyone for any reason. By registering, Bidders agree to provide truthful and accurate information, including contact information and valid payment methods. Any attempt to use fraudulent information or misrepresentations will result in suspension or permanent ban from the auctions.
4. Bidder’s Responsibilities and Liability
Bidders are solely responsible for their bids. Once a bid is placed, it cannot be retracted or altered. The highest bid at the close of the auction is considered a binding contract of purchase. In the event of a dispute over bids, the Auctioneer’s decision is final and binding.
5. Payment Terms
All payments must be made in full before the items are released. Accepted forms of payment include credit card, debit card, and any other methods listed in the auction details. Payments must be made within the timeframe specified in the auction details. Any chargebacks or disputes initiated by the Bidder with their payment provider will be considered a breach of these Terms and Conditions. The Bidder will be held responsible for any costs, including legal fees, associated with resolving the chargeback.
6. Chargebacks and Fraudulent Activity
J & E's Discoveries, LLC has a zero-tolerance policy for fraudulent activity and chargebacks. By participating in the auction, the Bidder waives any right to initiate chargebacks with their financial institution. In the event of a chargeback, J & E's Discoveries, LLC reserves the right to pursue all remedies available, including legal action to recover funds and costs. The Bidder is liable for all legal fees and expenses incurred by J & E's Discoveries, LLC in connection with any chargeback dispute or fraudulent activity.
7. Buyer’s Premium and Sales Tax
All purchases are subject to a buyer’s premium as specified in the auction details. Sales tax will be applied to all purchases unless a valid resale certificate is provided prior to the close of the auction.
8. Item Descriptions and Inspection
All items are sold "AS IS," "WHERE IS," with no warranties or guarantees, expressed or implied. Descriptions are provided for informational purposes only and are believed to be accurate but are not guaranteed. Bidders are encouraged to inspect items personally or by proxy prior to bidding. The Auctioneer is not responsible for errors in description or condition. Pictures are part of the description.
9. Pickup and Shipping
All items must be picked up or shipped within the designated timeframe specified in the auction details. The Bidder is responsible for arranging pickup or shipping and for any associated costs. Any items not picked up within the specified timeframe will be considered abandoned and will become the property of J & E's Discoveries, LLC. Abandoned items may be resold or disposed of at the Auctioneer’s discretion.
10. Limitation of Liability
The Auctioneer shall not be liable for any damages, loss, or theft of goods after the sale is completed. Bidders assume all risk of loss or damage once the item is sold. In no event shall J & E's Discoveries, LLC, its officers, employees, or agents be liable for any consequential, incidental, or punitive damages arising out of or in connection with these Terms and Conditions or the auction process.
11. Indemnification
Bidders agree to indemnify, defend, and hold harmless J & E's Discoveries, LLC, its officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to the Bidder’s participation in the auction, breach of these Terms and Conditions, or violation of any laws or rights of any third party.
12. Default by Buyer
If the Bidder fails to make payment or complete the purchase, J & E's Discoveries, LLC reserves the right to retain any deposits as liquidated damages, resell the items, and pursue additional legal remedies. The Bidder will be responsible for any deficiency and all costs associated with the resale.
13. Changes and Cancellations
The Auctioneer reserves the right to add, withdraw, or cancel items from the auction at any time and without prior notice. The Auctioneer also reserves the right to cancel any sale in the event of a technical error, fraudulent activity, or for any other reason deemed appropriate.
14. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The Bidder agrees that any disputes or legal actions arising out of these Terms and Conditions or the auction process shall be brought exclusively in the state or federal courts located in Tioga County, New York.
15. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between the Auctioneer and the Bidder with respect to the auction and supersede all prior or contemporaneous communications, understandings, and agreements.
By participating in the auction, the Bidder acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.