Auction Terms & Conditions
COUCHBIDDER.COM Terms and Conditions -
NOTICE OF CHANGE IN TERMS
-effective jan 1st, 2017 We now charge a 15% buyers premium
-ALL AUCTION PURCHASES WILL BE BILLED TO THE CREDIT CARD ON FILE. CASH PAYMENTS WILL NO LONGER BE AN OPTION ON AUCTION PICKUP DAYS. DUE TO NEW REGULATIONS ALL PURCHASES WILL BE COLLECTED BY BILLING THE CREDIT CARD ON FILE WITHIN 24 HOURS OF AUCTION CLOSE. IF YOUR CARD DECLINES WHEN CHARGES TO THE CARD ARE PROCESSED A $25 TRANSACTION FEE WILL BE ADDED TO THE FINAL INVOICE AMOUNT IF NOT COLLECTED WITHIN 48 HOURS.
Please visit WWW.COUCHBIDDER.COM for all preview times, auction changes, and announcments regarding this sale and all other sales.
IN REGARDS TO THE PICKUP DATES.
PLEASE NOTE: We no longer offer late pickup for any auctions. By agreeing to these terms you accept and take responsibility that all items purchased through couchbidder.com become the sole property of the buyer upon close of the auction & successful payment. Couchbidder.com assumes no responsibility of delivering your items to any location if you fail to pick your items up on the scheduled pick up dates. No refunds will be issued by Jody Kalmbach Auctioneers if you fail to attend pickup to retreive your items and they will be considered abandoned at the end of the LAST posted scheduled pickup date/time unless you pay a $25.00 handling fee. Items will not be held for more than 14 days unless you have made a prior arrangment. Please make yourself familier with our shipping policy and out of state delivery policy since these policies are strictly enforced. You will need to bring packing material, Boxes, and MAN POWER to load your purchases. We do not load or offer assistance in loading your purchases.
*****ATTENTION ALL BUYERS-PLEASE READ IN REGARDS TO PAYMENT FOR YOUR PURCHASES****
Upon sucessful registration and clicking the "Agree to Terms" box below, the buyer agrees and grants permission to Jody Kalmbach Auctioneers to bill the buyers credit card used for this registration for all items the buyer purchases in this auction. The buyer also understands by agreeing to these terms that they will be billed for these purchases regardless if the buyer fails to take ownership of the items at one of the scheduled pickup days. Buyers that fail to take ownership of their items, and refuse to pay for these items, will be blocked from all future online auctions conducted by Couchbidder.com, and legal action will be brought against these buyers to secure payment on the items purchased, at the buyers expense. We will follow these terms.
-Forms of Payment -
WE NO LONGER ACCEPT CASH PAYMENTS! We accept MC, VISA, DISC, - NO AMERICAN EXPRESS. PLEASE NOTE: WE NO LONGER ACCEPT AMERICAN EXPRESS AS A PAYMENT OPTION.
A 15% BP will be added to the final invoice for all bidders for this auction.
-AS IS WHERE IS-
It is the buyers responsibility to inspect items for defects on preview days. All items are sold as is-where is, no warranty or guarantee of any kind. All sales are FINAL! All descriptions are believed to be accurate, however, all bidding and buying is based soley on bidder's personal inspection and/or opinion of the items.
It is the BUYERS responsibility to;
-perform all inspections of the items and to be satisified as to its description, condition and/or authenticity prior to bidding.
- independently verify any information they deem important including information available.
-verify all information contained in the item description and all promotional materials, including, but not limited to, photographs, dimensions, conditions, etc. These were provided by or on behalf of the seller and are believed to be correct; however, neither the seller or the auction company makes any promise, representation, guarantee, or warranty as to the accuracy or completeness of such information, inspect all items prior to bidding. Failure to inspect the property does not relieve the bidder of responsibility for payment and removal as stated in these terms.
-Seller PO disclosure -
Couchbidder.com discourages that any and all sellers refrain from purchasing their consigned items personally or through a 3rd party through the online auction. We do state that it is hard to monitor all seller activity during the auction close via the online platform and can not guarantee that sellers will not purchase their consigned items. Therfore Couchbidder.com and Jody Kalmbach Auctioneers allows seller PO's (Pullout) at the sellers discretion. The State of Texas does allow Buyers to purchase their items back from auctions so long as the auction company discloses this fact to its buyers. Couchbidder.com & Jody Kalmbach Auctioneers discloses to all buyers and sellers that all sellers are allowed to purchases their own items through the online auction platform at their own discretion. Sellers that wish to do so will be charged for these purchases and full commission plus a 5% P.O. fee will be deducted from the final settlement no exceptions.
-CLOSING DAY SOFTWARE SETTINGS-
On closing day, please make sure you set the auction to auto refresh every 30 seconds to ensure you are always looking at current information. These settings will appear at the top of the auction catalog when the auction starts to close on the last day. Please call if you have questions about the auto-refresh options. This auction will have a Soft closing which gives all current high bidders that are outbid within the last 2 minutes of the auction an additional 3 minutes to place their final bids. Our auction software can also place your bids by proxi if you are not able to watch the auction close. This means that you can leave your maximum bid and the software will automatically bid for you if you are outbid as the auction progresses. After the auction has completely ended, all winning bidders will be billed and emailed auction results within 24 hours of auction close. You will NOT be contacted if you are not the winning bidder. Our software program will automatically bill auction items to the credit card on filewithin 24 hours after auction close. If your card declines, you will be notified, and if you fail to remit payment your items will be sold at the next online auction to cover your charges, and any shortfalls will be pursued in Lee County small claims court.
A bid is a binding contract to buy. Please make sure you have reviewed your bid prior to submitting your bid. Once a bid has been submitted, it can not be retracted or changed. PLEASE NOTE: Bid retractions or changes are not allowed!
Policy for Shipping options (All auctions)
To start the shipping process you must submit the shipping form that is located under the forms tab on our website. WE SHIP IN FLAT RATE PRIORITY BOXES FROM THE USPS- OPTIONS SMALL, MEDIUM, LARGE. We will not ship any item that will not go into a USPS large priority flat rate box. Please visit www.usps.com for details on this size restriction. All items will be shipped USPS priority flat with insurance. A $5.00 handling charge for the 1st box and $2.00 for each additional box will be added to the final USPS Rate and billed to your credit card once shipping has been processed. If you require additional services please include your request on the shipping request form located under the forms tab on our website or email your special request to firstname.lastname@example.org. If you purchase items that are larger than a Large Flat Rate box, you will need to arrange shipping with your own shipper. All shipping is processed on the 1st Saturday of the month for the auctions prior. It could be up to 30 days before your items are shipped. If this is a problem, please refrain from bidding!
Policy for Out-of-State Delivery options (All auctions)
Out of state delivery options will still be offered from any auction that is conducted on COUCHBIDDER.COM. The minimum delivery fee for dropoff at any of our listed "out of state" drop-off locations is $30.00/invoice and does vary according to size and volume of merchandise. Dropoff times and dates are very fluid and often change depending on our northern pickup schedule. Please call 979-542-7040 for more information and approximate upcoming delivery times.
-Out of State Drop off locations-
Lonoke, Ar - Super Walmart
Sikeston, Mo - Lamberts Cafe
Mt. Vernon, Il - Super Walmart
Kokomo, In - Treasuremart II
Shipshewana, In - Farmstead Inn
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.