ONLINE ONLY AUCTION TERMS AND CONDITIONS
As a registered bidder, I have read and hereby agree to abide by the Terms and Conditions outlined hereafter.
GENERAL INFORMATION:
G1.Please read the following terms and conditions as they are a legal binding contract between you ( Bidder/Buyer) and Wears Auctioneering Inc. (Auctioneer). To register and bid in this auction you must read and agree to these terms and are bound by them.
G2. Please be aware that these terms are GENERAL INFORMATION for all auction listings. Special terms may apply to certain auctions. When such Special Terms apply we will do our best to outline those in an Information lot.
G3. All items are sold AS IS, WHERE IS, with NO WARRANTY either expressed or implied.
G4. Please compare description and photos. It is our intent to describe and photograph the majority of items included in that lot. However, there are times when other items may appear behind the items described to be in that lot. Just because an item is in a photo does not mean it is included in that lot. If you have questions regarding a specific lot or item that affects your final bid, please call the office.
G5. Once you place and confirm a bid through our bidding platform, the bid cannot be removed or lowered.
G6. Due diligence is the responsibility of the Bidder. All sales are final. When the bidding ends on our website and you are the winning bidder, you then assume complete responsibility to fulfill the obligations of these terms and agreements.
G7. Wears Auctioneering reserves the right to refuse service to anyone bidding, buying, selling and/or at pick up.
G8. The most recent correspondence with the Bidders takes precedence over previous correspondence.
G9. Wears Auctioneering is not responsible for accidents, thefts, errors or omissions.
G10. Wears Auctioneering reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. Wears Auctioneering reserves the right to cancel, suspend, extend or reschedule an individual item and/or auction event or to make changes to the auction closing times,inspections or removal times.
G11. Items used in photographs for display and/or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically listed in the description.
G12. After reading the description and viewing all of the photos available, and you still have questions, feel free to call our office. Please remember that 99% of the time we have provided all of the information we have in the description. For inquiries such as “Does it work”, please read G13. In many cases we are dealing with an Estate and the history of an item has often passed with our seller. We strive to represent the items to the best of our ability. Please refer to G3.
G13. In most cases Wears Auctioneering DOES NOT TEST or VERIFY condition or completeness of items being offered. Items advertised as NIB (New In Box) are assumed to be NIB. We DO NOT open these items if they truly appear to be previously unopened. Buyer has the right to test/inspect items at the time of pick up. Concerns must be addressed with staff at that time. After leaving the pick up location, the item is your responsibility. All items must be considered used or previously owned. No refunds will be issued.
G14. In most cases previewing of the items is not available. If a preview is offered it will be noted in the auction information or in one of the information lots in the catalog.
G15. General Correspondence with Wears Auctioneering,
Email:
[email protected]
Website: www.wearsauctioneering.com
Phone: 319-624-3779 during normal business hours
G16. Wears Auctioneering may charge additional fees to buyers as outlined by “Additional Charges” section in these terms.
BIDDING PROFILE:
B1. When you register to bid with Wears Auctioneering and MarkNet Alliance, you must create a bidder profile. A Valid email address and debit or credit card is required for bidding approval.
B2. Our bidding system only allows for your email address to be used one time.
B3. This profile contains your personal information – you may view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT.
B4. We rely on the information that you provided in your Bidder Profile to contact you and process payment. Shipping/Billing Address, Cell Phone, Credit Card and Email information are particularly important!
B5. If you need help logging in or resetting information in your profile, contact our office.
EMAIL RESPONSIBILITY:
All Registered Bidders must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication for bidding, registering, pick up/shipping and invoice confirmation. If you are not receiving emails from our company, please check your email settings in your account and also check your junk/spam/promotions folders in your email, your server may not receive emails as consistently as others. If you are still experiencing issues after trying the previous steps, please call our office.
BUYERS PREMIUM:
A buyer’s premium will be added to each purchase. Buyer’s premium is 13% unless stated otherwise: if you bid $100.00, at checkout you will be charged $113.00. Each and every time you place a bid, you are required to confirm and agree to the total bid price of your initial bid plus buyer’s premium.
AUCTION CLOSING:
A1. The closing time of the auction will be listed within the auction information page for each auction. Please make note of the closing times. The closing time is also shown in each lot.
A2. Our auctions feature EXTENDED BIDDING. If a bid is placed on a lot within the last FIVE minutes of the auction, bidding will extend on that lot for THREE minutes past the stated closing time. That lot will remain open until there are no bids on that item during the extended time period(s). This only affects lots that receive a bid during the last THREE minutes of the auction. Any lot not bid on in the last five minutes will close as scheduled. Example: If you are participating in an auction that closes at 6:00 PM and you place a bid at 5:57, that lot will extend until 6:03 p.m. and will keep extending in Three-minute increments each time a new bid is placed. It will stop extending when no bid has been placed during the extended time period(s).
A3. Occasionally an auction is an EXTEND ONE/EXTEND ALL format. In this case, if any single lot receives a bid in the last THREE minutes, ALL LOTS in the auction will extend in three-minute increments.
A4. Occasionally our auctions will feature a Staggered Closing. In this scenario, instead of all lots closing at one time, lots close at a staggered increment ie: One item every 30 seconds etc. The time between items closing will vary from sale to sale but it will be very easy to identify by looking at the Time Remaining on each individual lot listing.
A5. Occasionally an auction will include “linked lots” in this instance a chain link icon will appear in the lot thumbnail. Lots containing this icon will use the EXTEND ONE/EXTEND ALL format.
A6. Our auctions offer a MAX BID feature. This means that you can place a bid higher than the next preset bid. After clicking “Bid Now” you may place a MAX BID by entering the dollar amount of your highest bid. When you place a MAX BID, the current bid price may go to the next increment, or one increment over someone else’s MAX BID, if one has been placed. The computer will bid for you in the predetermined auction increments up to your MAX BID amount, only if another registered bidder bids against you.
A7. Bids will be placed in the order that they are received. If TWO bidders enter a BID of the same dollar amount, the bidder who entered his/her bid FIRST will be recognized as the high bidder at that price. If you bid a certain amount and see that the bid is indeed that amount, but you see you are 'Outbid', that means that someone else placed a bid for that amount, prior to your bid.
A8. You may select to receive OUTBID NOTICES when registering for your online bidding account via email and/or text messaging. Bidders will receive OUTBID NOTICES via email for the duration of the auction. Bidders will receive OUTBID NOTICES via text message only in the final 48 hours of the auction. As a Bidder, if you are unable to access a computer/mobile device during the closing of the auction to receive your OUTBID NOTICES, we highly recommend you utilize the MAX BID feature.
A9. Wears Auctioneering is not responsible for internet malfunctions, loss of mobile service, or system glitches that may prevent you from placing last minute bids or receiving correspondence from our office. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing, and you may miss an item you want.
A10. Become a RESPONSIBLE Bidder, YOU know if you are bidding on an item, when the auction ends AND when pick up is. You have the ability and responsibility to know if you won the item or not.
PAYMENT:
P1. Payment for all purchases is due at the conclusion of the auction.
P2. Payment in full is required before receiving your paid invoice.
P3. Payments will not be accepted on site the day of pick up.
P4. We accept all major Debit and Credit Cards. Cash and Checks are NOT accepted. Currency: USD only
P5.Wears Auctioneering reserves the right to change the type of payment method that is accepted for a specific auction
P6. At the conclusion of the auction, you hereby authorize Wears Auctioneering to charge Purchase Price, Buyer’s Premium, and any other applicable additional charges (Refer to Additional Charges section in terms) to the credit card that you have recorded in your profile up to $1499.
P7.If charges are declined by the credit card processor a non-sufficient funds charge of $25.00 will be charged each time processing is denied. The buyer will be notified of the NSF transaction through e-mail and be given until the end of business on the day after auction closing to contact Wears Auctioneering with an alternative payment method. Please refer to P12 below.
P8. Any invoice totaling $1,500.00 and over will require a wire transfer. Wears Auctioneering will not split payment.
P9. If you are the winning bidder for an item(s) requiring a wire transfer, you will be emailed all necessary information to process your wire payment.
P10. All Wire Transfers are due in our account at the end of business, the day after the auction closes. Please refer to P12 below.
P11. Payment for any titled item, regardless of price, such as autos, boats, trailers and some ATVs, will require a wire transfer of funds in full before being released to the buyer.
P12. If purchases are not settled by the end of business, the day after the auction closes, they are considered in default. All purchases in default revert to ownership of the seller.
Upon default Wears Auctioneering may at their sole discretions take any or all of the following may actions:
Bidder’s privileges may be suspended on Wears Auctioneering Inc. Bidding privileges may be reinstated when default has been satisfied.
Subsequent defaults may result in bidding privileges being blocked or denied.
Seller & Wears Auctioneering may elect to resell the unpaid items. The default buyer will be responsible for any deficit in value between original bid price and the reselling price.
Default buyer agrees and authorizes payment of any additional fees, as outlined in these Terms.
P13. Buyer agrees and acknowledges that they have read and agreed to the Terms and will not initiate any credit card charge backs.
INVOICES:
I1. Initial invoices are generated by the system automatically at the conclusion of the auction and will show as unpaid.
I2.After we process your payment, Wears Auctioneering will send you a paid invoice via email with confirmation of items won and the purchase total.
I3. If you do NOT receive your paid invoice via email, make sure to check your spam/junk/promotions folders in your email account. You may also access your invoice in your profile on our website. You may also contact our office to resend the invoice. It is your responsibility to ensure you have your paid invoice before pick up time.
LOAD OUT/PICK UP:
L1. After the auction ends, you will receive an E-MAIL from Shipping Saint to select pickup and then choose from the available pick up times. All buyers are emailed at the same time, so if you wait too long, your choices of a pick up time may be limited. After selecting a pick up time, you will see the pick up confirmation and location immediately in Shipping Saint. Our office cannot assume responsibility for emails from Shipping Saint that do not arrive at your server.
L2. If you are unable to pick up during the designated pick up time, you must send a representative to pick up for you or forfeit your items (which may incur additional charges). Don't bid if you can’t pick up at the specified time and location specified in the Auction Information page.
L3. Buyers need to pick up their purchases at their selected pick up time. Specific times that are listed for pick up are the strict start and end times, per contractual agreement with the seller. We will not facilitate pick up BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pick up is scheduled to end. You need to arrive on time to pack and remove all your item(s) within the stated pick-up times. We may assess a charge to any buyer that requires our staff to stay longer than the scheduled time.
L4. Items may only be removed upon receipt of payment in full. Buyers must check in and present their paid invoice to a Wears Auctioneering representative prior to loading items.
L5. Access to the property and your items is not allowed until you check in with Wears Auctioneering Staff at the CHECK IN STAND.
L6. Buyers will be checked in on a first come first serve basis according to their scheduled pick up time. This policy is designed to keep pick ups speedy and efficient.
L7. Our staff will help you locate and identify the items on your invoice.
L8. Our staff is there to supervise the safe and proper removal of items and is NOT there to help with the removal of heavy items.
L9. Please respect our Seller’s property and residence, many times our Sellers still reside in the residence and they do not want you wandering through their home or using any of their facilities.
L10. Any item(s) Wears Auctioneering or the Seller has to remove from the sale site due to the buyer missing pick up time or abandoning part of a purchase will be subject to additional service fees. Ownership of those items will revert to the Seller and the Buyer will forfeit any and all rights to the item including payments and refunds.
L11. You MUST bring your own packing materials, moving equipment, and capable manpower (see L3) to safely and properly remove your items. We will not wait for your additional help to arrive if it is outside the pick up times. You may be asked to wait if you are not prepared to load your items in a timely/safe manner.
L12. Wears Auctioneering and the Seller reserves the right, at their discretion, to refuse load out and pick up of any item(s), should they deem such load out may cause damage physically to the seller’s property or if it risks the safety of anyone or anything at the load out site.
L13. The buyer will be responsible for ANY and ALL damage that occurs to the Seller’s property during the removal of an item(s). This includes lawns, landscaping and all parts of the seller's property.
L14. Items that have prior arrangements with Wears Auctioneering to bring back to the office must be picked up within 48 hours at Wears Auctioneering’s Office. There will be additional fees incurred to bring items back to the office. ( See fees on additional charges page) If not picked up in 48 hours, items will be disposed of at the discretion of Wears Auctioneering. No refunds will be issued for items not picked up.
L15.Although we allow our buyers to sign up for their preferred time to pick items up, Wears Auctioneering cannot always guarantee that the item you are after is accessible at the time you choose. Bookcases, China Hutches, Shelving, etc.. that are full in the photos will still be full at the start of the pick up. Please plan a later pick up time if you are buying such items.
L16.Wears Auctioneering Inc staff has the right to refuse service to anyone during a pick up.
L17. Wears Auctioneering may charge additional fees to buyers as outlined by the “Additional Charges” section in these terms.
Firearms:
F1. Buyer of the firearm must be present at the pick up. Buyer name and address must match your ID, Permit to Carry, and Invoice. We will not allow delivery if these are not the same.
F2. Buyer must possess a current Permit to Carry, its equivalent or higher documentation to receive the firearm at pick up location.
F3. Purchases that require that the firearm be transported to our office will incur additional fees of $25 for transporting and a $25 FFL Transfer fee.
F4. Shipping a Firearm will require transportation to our office ($25), FFL Transfer Fee ($25) PLUS Shipping and handling charges. Please note the receiving FFL licensee may also have their own set of fees and requirements.
SHIPPING:
S1. In most cases we can accommodate shipping requests. However, there will be times, due to size of item(s) Quantity of Item(s), staff availability etc. that you may need to make arrangements with a Third-party shipper. If you plan to purchase an item and NEED it shipped, you should contact our office prior to bidding (during our normal business hours) to see if we can accommodate your request. Our office number is 319-624-3779. Calling is generally the best option to be sure we are all on the same page.
S2. Once we receive your payment you will be sent an email from Shipping Saint with the choice to select shipping as an option.
S3.Buyers will receive an invoice from Shipping Saint with itemized shipping charges when your parcel is ready to be shipped. We will combine items into as few parcels as reasonably possible to reduce the shipping costs. All purchases will be shipped to the buyers via USPS, UPS Ground, FedEx etc. depending on size of parcel (we reserve the right to select the shipper). If you would prefer to make your own shipping arrangements and send us a label for your item(s) simply contact us and let us know.
S4. Remember, shipping is expensive, many times shipping can exceed the value of the item purchased. We will not refund the purchase price of an item simply because you feel shipping is too expensive. Figure it out before you place your bid. Call your local shipper and/or inquire about estimated shipping online. Online resources are endless and are there to help you with this, please do your homework first if you are thinking about having an item shipped.
S5. Shipping Saint invoices are due immediately. Your parcel will not be shipped until payment is received. If a payment is not received by the end of business day after receiving your 3rd notice, the item will be forfeited back to Wears Auctioneering’s possession.
Shipping Insurance:
Most parcels ship with limited insurance. If the standard insurance coverage from the carrier (USPS, UPS etc.) is higher than the invoiced value of the items being shipped, we will not purchase additional insurance. If the item(s) being shipped exceed the standard insurance value offered by the shipper additional insurance will be purchased and charged to you on your invoice. If you purchase an item and wish to insure it for more than the invoiced purchase price you will need to call our office and request additional insurance coverage along with the amount you would like your shipment insured for. We will only purchase insurance to cover the purchase price of the item(s) contained in the shipment.
Additional Charges:
Buyer hereby agrees to pay and authorizes Wears Auctioneering to charge their credit card for any of the applicable infractions as follows:
Pick up NO SHOW, Leaving Lot OR Partial Lot behind
$25.00 per item or actual cost of disposal
Plus, forfeiture of item
Assistance from staff, over and above our obligation to identify your purchases and the location of items.
$25.00 per item
Staff IS NOT for hire to help. This charge is initiated if YOU fail to bring adequate help. This includes moving items out so staff can leave on time.
Bringing a lot(s) back to our Office for pick up,shipping, or moving lot out for late pick up
$25.00 per item plus packing materials and $35.00 per hour labor
This service is NOT available for large items.
Not completing Pick up Process within the proper time frame
$35/ First half hour Per Staff Member
$35.00/Hr after first half hour/Per Staff Member
Arrange Special Pick up Time w/Staff outside of time outlined in TERMS (ONLY IF POSSIBLE)
$35/Hr Clock starts when staff leaves office until return to office
Per Staff member
Disabling Your Online Account:
Your account may be disabled due to one or more of the following reasons:
Non-payment of an invoice
Not showing up at pick up
Arriving late at pick ups
Not signing up for pick up times, requiring staff to call by phone
Difficulty charging credit card or invalid credit card
Chargebacks
Inappropriate treatment of staff or sellers
Damage of property
Refusing to pay for shipping
Showing up at pick ups unprepared with removal materials or help loading
Not removing all of your items
Viewing Past Auctions, Winning Bids & Invoices:
You can always view past auctions, winning bids and invoices through our website. To view past auctions, click on the “SEE ITEMS” tab on any auction under the COMPLETED AUCTIONS on the main page of our website. Within any past auction, you can always see the high bid and bidder by viewing the individual lot information. If you log into your profile, you can click the Account tab from top and then click on invoice, to view all your past invoices from Wears Auctioneering. This is a great resource if your invoice email did not come through! It is the bidder’s responsibility to ALWAYS know what items they have won. We have done our best to provide you with the above information and resources. We ask that you be a responsible bidder and access these resources as needed.
