Holiday Heaven and More 25-1117.OL

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 (the 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 and special terms can apply. When such Special Terms apply, we do our best to outline those in an Information lot at the beginning of the auction catalog.

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 in the background or behind the items noted 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, you cannot remove or lower the bid. No bids will be removed once they have been placed.

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

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 that information to contact you and process payment. Address, Phone, Billing, 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:

As the Bidder you 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, and invoice confirmation. ALWAYS contact our office if you are not receiving emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others.

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. This auction will be staggered closing. Lots will start to close at 7PM and one lot will close every 30 sesconds. Our EXTENDING BIDDING feature will still be the same as listed in A2.

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 FIVE 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 FIVE 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 5:55, that lot will extend until 6:05 p.m. and will keep extending in Five-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 FIVE minutes, ALL LOTS in the auction will extend in five-minute increments.

A4. 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.

A5. 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.

A6. 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 are not the 'High Bidder', that means that someone else placed a bid for that amount, prior to your bid.

A7. You may request 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.

A8. Wears Auctioneering is not responsible for internet malfunctions, loss of mobile service, or system glitches that may prevent you from placing last minute bids. 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. 

A9. Wears Auctioneering is not responsible for internet malfunctions, loss of mobile service, or system glitches that may prevent you from receiving notices from our company (e.g. paid invoices, outbid notices, etc..)

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. Payments will not be accepted on site the day of pickup.

P3. We accept all major Debit and Credit Cards. Wears Auctioneering reserves the right to change the type of payment method that is accepted for a specific auction.  Cash and Checks are NOT accepted. Currency: USD only

P4. At the conclusion of the auction, you hereby authorize Wears Auctioneering to charge Purchase Price, Buyer’s Premium charges and any applicable handling fees to the credit card that you have recorded in your profile up to $1500.

P5. 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 P10 below.

P6. Any invoice totaling $1,500.00 and over will require a wire transfer. Credit Cards will not be accepted for invoices $1,500 and over and Wears Auctioneering is unable to split payment. 

P7. If  you are the winning bidder for an item(s) requiring a wire transfer, you will be emailed all necessary information at the conclusion of the auction.

P8. All Wire Transfers are due in our account at the end of business, the day after the auction closes. Please refer to P10 below.

P9. Payment for any titled item, such as autos, boats, trailers and some ATVs, as well as invoices totalling over $1500, will require a wire transfer of funds in full before being released to the buyer.

P10. 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 any or all of the following may occur: 

• Bidder’s privileges may be suspended on Wears Auctioneering Inc. as well as MarkNet Alliance auctions. 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.

• Such actions may be taken at the sole discretion of Wears Auctioneering, Inc and/or Marknet Alliance.

P11. Payment in full is required before receiving your paid invoice. 

P12. Buyer agrees not to initiate any credit card charge backs.

INVOICES:

I1. After we process your payment, Wears Auctioneering will send you a paid invoice via email with confirmation of items won, the purchase total, and applicable fees.

I2. 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 pickup time.

LOAD OUT/PICKUP:

L1.  Access to the property is not allowed until you check in with a Wears Auctioneering Staff Member upon arrival at the CHECK IN STAND.

L2.Wears Auctioneering Inc staff has the right to refuse service to anyone during a pickup.

L3. Our staff is there to supervise the safe and proper removal of items and to help you identify the items included in your purchase. The staff is NOT there to help with the removal of heavy items.

L4. Buyers need to pick up their purchases at their selected pickup time. If you arrive earlier or later than your scheduled pick time, be prepared to wait. 

L5. 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.

L6.  Buyers need to pick up their purchases at their selected pickup time. Specific times that are listed for pickup are the strict start and end times, per contractual agreement with the seller. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup 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.

L7. 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. Don't bid if you can’t pick up at the specified time and location specified in the Auction Information page.

L8. The next business day, after the auction ends, you will receive and E-MAIL from Shipping Saint to select 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 pickup confirmation and location immediately in Shipping Saint. Our office cannot assume responsibility for emails from Shipping Saint that do not arrive at your server.

L9. 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.

L10. Any item(s) Wears Auctioneering or the seller has to remove from the sale site due to the buyer missing pickup time or abandoning part of a purchase may be subject to additional service fees. Ownership of those items will return 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 adequate 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 pickup times. Also, you may be asked to wait if you do not arrive during your scheduled pickup time or are not prepared to load your items in a timely/safe manner. Wears Auctioneering reserves the right to help those buyers who came prepared and arrived during their scheduled pickup first. This policy is designed to keep pickups speedy and efficient. We need our buyers to come prepared out of fairness to other buyers and to our seller.

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. Wears Auctioneering may charge additional fees to buyers as outlined but not limited to those included in the “Additional Charges” section in these terms. 

L14. The buyer will be responsible for ANY and ALL damage that occurs to an individual item, or the seller’s property during the removal of an item(s). This includes lawns, landscaping and all parts of the seller's property.

L15. Items that have prior arrangements with Wears Auctioneering to bring back to the office must be picked up within 48 hours at Wears Auctioneering Office. There will be a $25.00/lot fee 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.

L16.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 pickup. Please plan a later pickup time if you are buying such items.

Firearms: 

F1. Buyer of the firearm must be present at the pickup. 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, it’s 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 outlined under shipping below. 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.Buyers will receive an invoice from Shipping Saint with itemized shipping charges when  your parcel is ready to be shipped.  We will attempt to combine items into as few parcels as reasonably possible to reduce the shipping costs. Wears Auctioneering cannot estimate shipping costs until items are boxed for shipping. 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.

S3. 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.

S4. Shipping Saint invoices are due immediately. Your parcel will not be shipped until payment is received. If a payment is not received by end of business day after receiving your 3rd notice, the item will be forfeited back to Wears Auctioneering’s possession.

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:

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 pickup

Arriving late at pickups

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 at pickup

Refusing to pay for shipping

Showing up at pickups unprepared with removal materials or help loading

Not removing all of your winnings from an auction

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.

Special Terms of Sale:

1. All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Wears Auctioneering Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB New in Box. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL.

2. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Wears Auctioneering Inc. shall endeavor to describe in detail each item and any pertinent information about it. Wears Auctioneering Inc. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase.

3. Wears Auctioneering Inc. is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Wears Auctioneering Inc. or anyone else if the Internet service fails to work correctly before or during the Online Auction. Wears Auctioneering Inc. will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction. Wears Auctioneering Inc. reserves the right to withdraw or re-catalog items in this auction.

4. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake.

5. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller.

6. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability.

7. If the 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, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged.

8. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies.