ZOKA ONLINE AUCTION TERMS & CONDITIONS These are the Terms and conditions to register, bid and buy with Zoka Online Auction. Please read these terms carefully. Registering, bidding and buying with Zoka Online Auction indicates your agreement to these Terms and Conditions. Participation in our auctions implies agreement with all our terms. These terms may be modified or amended on occasion and are a binding contract between Zoka Online Auction ("Zoka OA", “Zoka”, “ZOA”) ("we" and/or "us", etc.) and you ("you", "bidder", "purchaser"). ZOKA ONLINE AUCTION We are an online Auction that features various products from various walks of life. Some are sealed and some are open boxes, mainly customer returns from online retailers, overstock shelf pulls and unclaimed packages. Please be mindful that we are not a retail store that sells only new products, so please make sure to check the description, as we will always mention any discrepancies there may be. We will hold some specialty Auctions as well! Occasionally, we will feature a Collectors Edition Auction, or a Gemstone Auction. If you have any questions or concerns, we will do our best to assist. REGISTRATION & IDENTIFICATION It is important to provide accurate information in relation to your credit card. The address on file must match the billing address on your file for payment to go through. At the time of registration, we collect minimal information about you to verify who you are before you can bid. All bidders must be of legal age to bid. We reserve the right to deny registration at our discretion. PAYMENT FOR PURCHASES We accept Cash, E-Transfer, Debit, Visa, Mastercard, and PayPal. E-transfers are to be sent to ZokaOnlineAuction@gmail.com. No password is required. Please indicate your name and BidCard number in the message section of your E-Transfer. Payment may also be made online via credit card on our website, www.ZokaOnlineAuction.ca All payments must be fully paid/arranged by the Saturday following the auction. If payment or an arrangement to pay has not been established by said Saturday, a late fee of 8% of your total will be applied to your invoice. If you purchase an item(s), you MUST pay for that item(s) even if you do not pick it up or arrange for shipping. Your invoice is a bill of sale and must be treated accordingly. Items from an unpaid invoice have a high potential of being considered abandoned, and the associated bidder may be blocked from bidding with Zoka Online Auction. NOTE: Failure to pay for winning items can result in credit bureau actions and/or a negative file which may affect registrations with other Ontario auctions. PAYMENTS & CHARGES A 16.1% Buyers Premium plus HST is applied to all invoices. This Buyers Premium is standard for all payment types. Past Due Invoices are subject to a 8% fee based on the total of the invoice. BIDDING Once you bid on an item, and win the lot at auction close, you are under contract to pay for that item. Bid cancellations are not accepted. We are not able to remove a bid once it has been placed, therefore, please place all bids with careful consideration. All our bids are final and cannot be reversed. Please do your due diligence in making sure that you do want the product before placing a bid. Bidding by any mistake will not apply to Return and Refund Policy. Zoka Online Auction reserves the right to void a bid that you place, 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. Zoka OA 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, Zoka Online Auction 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. I / anyone else utilising your account with or without your knowledge is not the responsibility of Zoka OA. Any invoices under your name or account are the responsibility of the account holder and payment will be charged in full on the invoice. Buyers are advised to secure their accounts and avoid sharing account details with anyone to avoid any unexpected charges or invoices. No exceptions or requests will be entertained by Zoka OA. You can ask questions about products during the auction using the "Contact Auctioneer" button. We will do our best to answer all questions in a timely manner. Any questions sent within 24 hours of the auction closing, may not be answered as we will be very busy with preparations. 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 and may result in an account ban. 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 bids are legally binding and enforceable in Ontario, Canada. BIDDING NOTIFICATIONS You can choose to be notified by email during the auction to make you aware if you have been outbid. Please note that outbid notifications are NOT sent out during the last two hours of the auction. WINNING NOTIFICATION & INVOICING All winning bidders will receive an email within 24 hours of the auction closing containing their final invoice. Zoka Online Auction 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. We encourage bidders to mark our email address as safe. It is strongly advised to check on Hibid to see if you have won your items. The term, "MAY HAVE WON" usually means you HAVE won. This only applies after the auction has officially closed and been finalized in our system. Once the invoices have been sent, the auction is complete and closed.The invoice will be attached to the email sent to you following the auction. The invoice will display all of the items you have purchased from the particular auction. If you do not receive an invoice within 24 hours of the auction closing, please check your emails SPAM folder. If you still do not see your invoice, please email us at ZokaOnlineAuction@gmail.com. If we do not receive a response or payment from the initial invoice being sent out, we will resend your invoice from our Gmail account with a payment reminder. PICK-UPS Pick up of the items shall be at the expense, liability, and risk of the purchaser. Successful bidders will be required to pick-up their item(s) at 246 Ellis Avenue in Mount Pleasant, Ontario, (N0E 1K0), unless otherwise specified. Alternate pick-up locations cannot be arranged. Upon arriving at Zoka Online Auction, please stay in your vehicle and call our office at (226) 654-5000 with your name and invoice number. One of our team members will come to your car to accept payment (if payment has not already been made) and bring your items to you. THIS IS FOR YOUR SAFETY as we are working out of a basement unit of a very old house. The stairs are narrow and the ceilings are low, and there may be tripping hazards. If you do choose to enter the premises to pick up your items, you do so at your own risk. Signs will be posted to ensure you agree and understand that we strongly suggest that our valued customers not enter the building, and doing so is done at your own personal risk. The dates and time slots for pick-up will be posted in the Auction Details of the particular auction you are bidding on. (This information will also be in the email sent to you with your invoice). It is your responsibility to review the pick-up schedule prior to bidding on any item(s) and contact. Do not bid if you are unable to have all your items picked up on the posted date(s) and times. Any item(s) that remain after the posted pick up dates will be considered abandoned. 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 regularly, you will be banned from any further bids on any of our future auctions. On occasion, alternative pick-up dates and 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 Zoka Online Auction 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 ZokaOnlineAuction@gmail.com. Alternative pick-up cannot extend beyond seven (7) 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 Zoka Online Auction), the item(s) will be considered abandoned, will be disposed of, and you may be banned from any further bids on any of our future auctions. SHIPPING We offer shipping on all lots. The shipping costs solely depend on the destination location and the size and weight of the final package. Bidders will be responsible for the shipping fee (determined by the shipping company) and handling fee of $6.20. Bidders are advised to consider this before bidding. Shipping costs are not negotiable, as they are determined by the shipping company. All orders will be shipped internally by Zoka Online Auction and through the most economical option. PLEASE ENSURE THAT YOUR ADDRESS IS CORRECT WHEN REGISTERING WITH HIBID. This is the address we use to ship your items. If your address is incomplete or incorrect with our system, and the package does not get delivered and is returned to Zoka Online Auction, the Buyer will be responsible for paying for the item to be reshipped with the correct address. Most packages will have a tracking number which will be emailed to you upon creation. 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 can provide a shipping estimate upon completion of the auction and generation of your invoice. Shipping does not always include insurance; if you require insurance, please let us know as soon as possible after receiving your invoice. If you choose to have any smaller items shipped via regular mail, you may request that - but be advised that without a tracking number, once your package has been mailed, it is no longer the responsibility of Zoka Online Auction, and you accept this liability. If your package does not arrive for any unforeseen reason, you accept the responsibility of having the package shipped with merely a stamp and no tracking number. Zoka Online Auction will not entertain any refunds for items lost in the regular mail. 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 Zoka Online Auction management. Reminder: Shipping costs/handling fees are completely non-refundable. UNCLAIMED PACKAGES YOU HAVE 5 (FIVE) BUSINESS DAYS TO PICK UP YOUR ORDER AFTER THE AUCTION ENDS. DUE TO LIMITED SPACE IN OUR LOCATION, WE WILL NOT KEEP ANY ORDER MORE THAN 5 BUSINESS DAYS. IF YOU ARE UNABLE TO PICK UP WITHIN THE TIME, PLEASE SEND US AN EMAIL TO ZOKAONLINEAUCTION@GMAIL.COM LISTED PRODUCTS The majority of our products are returned merchandise. Items could be missing parts, damaged, not the exact item in the box or nothing wrong at all. Our very best efforts are made to ensure all items are represented accurately in the photographs and descriptions. 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 review the in-house photos of the actual item(s) (those following the retail image) prior to placing any bid. Bidding on an item means that the bidder accepts the notion that the item is being sold “AS IS, WHERE IS”. The in-house photo is exactly what you are purchasing. The in-house photo will ALWAYS preside over the retail photo. No responsibility is assumed by Zoka Online Auction or the seller for any errors or omissions. Please be aware that many of the items we sell require assembly and is the sole responsibility of the buyer. Retail prices may sometimes be included which are figures that come from manifests and may be outdated, may not consider sales etc. These retail prices are for idea reference only and hold no bearing on the actual sale/purchase of the item or the price it may be purchased elsewhere for. Please do your own research with regards to any retail prices included. This is a Returns auction. Items range from electronics, furniture, liquidated grocery, and household items. Items are not inspected unless specified. Please be aware that items may have some imperfections. Items could be missing parts, damaged, not the exact item in the box or in most cases nothing wrong at all. This accepted risk is the reason items can be sold at a fraction of the retail cost. There may be references in relation to the condition of an item which are OPINIONS; i.e. “NEW” would indicate that to the best of our knowledge the item appears to be unused. (This DOES NOT mean it is a factory sealed item); “USED” would indicate that it is our opinion that the item has previously been used in some fashion; “FACTORY SEALED” or “SEALED” or “UNOPENED” means that it appears the item is sealed as it arrived and appears it has not been opened whatsoever; No condition listed on a lot 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 thoroughly inspect all items. All items are sold "AS IS" and are FINAL SALE. All food/grocery items are sealed unless otherwise stated. This may not apply to the outer box of the item. We have included best before dates for applicable lots. If a best before date is not included, it means we weren't able to read it or locate it. Some best before dates may be past the present day. There is no law against selling food past its best before date. You can buy and eat foods after the best before date has passed. However, after the listed best before date has passed, the product may lose some of its freshness, flavour and/or nutritional value. It’s texture may have also changed. Each lot is for one (1) item, unless otherwise specified in the lot or description. Tax deductions will be automatically applied on applicable grocery items. All food and grocery items are non-refundable. Zoka Online Auction 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. OUR ONLINE CATALOGUE The online catalogue will have photographs of the items as well as descriptions of the items. Be aware that the initial image may differ slightly from the actual item(s). The first photo will, in most cases, be a stock or retail photo of the item available for bid. Photos following the first photo will be our in-house photos of the actual item you would be 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. Written and oral descriptions are the opinions of Zoka Online Auction 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. Zoka Online Auction attempts to catalogue every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalogue, item descriptions or pictures within. Questions regarding item(s)/lots can be asked by emailing ZokaOnlineAuction@gmail.com. Questions will only be answered if received at least 24 hours prior to the 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 Zoka Online 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. Any lot with a portion of the description in quotation marks is to be identified as a quote from internet research and/or original descriptions from company websites regarding the item. It is your responsibility to do your own due diligence in researching values, potential benefits, uses of the item(s). Buyers are strongly encouraged to review the details of any lot they intend to bid on. Bids cannot be retracted. RETURN & REFUNDS POLICY NO RETURNS OR REFUNDS. ALL SALES ARE FINAL. WE DO NOT PROVIDE REFUNDS FOR MANUFACTURER DEFECTS. We are not a retail store; we are an auction company. All sales are final once items have been sold. Warranty is void if you remove items from their packages to load in your vehicle and transport them. Please thoroughly check over any items you remove from packaging during pick-up at our facility. WE DO NOT refund items if you change your mind (Buyer's Remorse). Refunds may only be considered in the case of an extreme misrepresentation of item details, and/or complete non-functionality. Items can only be returned if the item MSRP is MORE THAN $80 and does not match the description and approved by our staff. This ONLY applies to items that are grossly misrepresented, and does not apply to retail photo errors included with the lot. All refund requests MUST be sent via email. As previously indicated, this is a RETURNED MERCHANDISE Auction, and all items are ultimately sold “AS IS, WHERE IS”. The decision to grant such refunds, remains at the sole discretion of Zoka Online Auction. Refund claims MUST be made within 2 (two) days of retrieving your items by emailing ZokaOnlineAuction@gmail.com ANY RETURN REQUEST AFTER THE MENTIONED PERIOD WON’T BE ACCEPTED. Items CANNOT be returned for reasons of personal preference or personal indifference i.e. didn't match, colour appears different, didn't fit etc. Items CANNOT be returned for missing hardware, missing instructions or imperfections. Missing hardware can be replaced by taking a trip to your local hardware store. Missing instructions can usually be found online. Returns will not be accepted if the item is missing any components or packaging that it was sold with. Returns will not be accepted if the item has any physical damage that was not present at the time of sale. Buyers are responsible for inspecting the item upon receipt and reporting any issues to the seller within the specified time 48 HOURS frame. Please be advised that all under or equal to $80 CAD MSRP items are not inspected and are sold without warranty or guarantee. This means some items may be new and in perfect condition, while others may have been previously used, damaged, missing parts, not working or not in their original packaging. Unfortunately, we cannot offer refunds for missing parts, signs of usage, or cosmetic damage. We are unable to provide refunds or return for missing accessories, manuals, signs of use, or cosmetic damage. Be aware that photographs may differ slightly from the actual item(s). The first lot photo will, in most cases, be a stock or retail photo of the item available for bid. Photos following the first photo will in most cases be our in-house photos of the actual item you would be bidding on. We may use additional retail photos containing important information regarding the item in the lot, to give you a more informed choice before placing a bid. Where there is conflicting information between the item(s) details and the retail photograph, the posted written details and in-house photos will prevail. We make no warranties or representations 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, authenticity, source, origin, condition, etc. AUCTION CREDITS: All approved refund settlements are granted as Auction Credits which can be used at any future auction with Zoka Online Auction. Please note we do not issue a refund back to your original form of payment.The Auction Credits will only become active once the item in question has been physically returned to Zoka Online Auction. Under no circumstances are we going to retrieve the items being returned. SHIPPED ITEMS: Please note the additions to the Refunds Policy for shipped items. All refund requests must be emailed to ZokaOnlineAuction@gmail.com with clear and precise description of the issue and pictures wherever possible. These requests MUST be made within 2 (two) days after receipt of items. All refund procedures are still applicable. Any & all refunds will be offered ONLY as Auction Credits which can be used towards future auctions. Shipping costs & Fees are non refundable. AUCTION CREDITS Auction Credits can be used to pay toward the balance of your invoice with Zoka Online Auction. Auction Credits cannot be redeemed for cash. All Auction Credits issued will be recorded with Zoka Online Auction to keep track of your Auction Credit balance. You will receive an email when you have been issued Auction Credits. 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. CONTESTS In the event of a contest being run by Zoka Online Auction, the winners of said contest will be announced on the Zoka Online Auction website, www.ZokaOnlineAuction.ca. Those entering each agree to have their first name, last name’s initial and their city of residence posted to the public website of Zoka Online Auction. The names will be removed from the website one week (7 days) after the contest has closed. Winners will also be notified by email. Winners accept the responsibility of retrieving any physical items which have been won. If a winner requires a won item to be shipped, the winner accepts the responsibility of paying for the shipment of the won item. Zoka Online Auction will arrange the shipping, but must be compensated for the shipping fee incurred. PERSONAL & PROPERTY RISK The Buyer expressly agrees to indemnify and save Zoka Online Auction and their Sellers/Consignors harmless from and against all claims, injury, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including negligent acts or omissions of Zoka Online Auction, or anyone acting on his/her behalf in connection with or arising out of an auction. ADDITIONS & DELETIONS Zoka Online Auction 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 Depending on the auction, some items may be 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 As Zoka Online Auction is an online auction, 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. SOFT CLOSE Auction items will 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. 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 ZokaOnlineAuction@gmail.com to request to be removed from our email list. All items sold "AS IS, WHERE IS'' with all faults. By registering and bidding you are acknowledging agreement with the terms above. Please do not bid unless you agree to all of these terms.