1. GENERAL TERMS AND CONDITIONS
(These Terms & Conditions constitute a binding legal agreement between You as the user “You”, “Your” or “Bidder”) and Transitional Design, subsidiaries, affiliates, and Our commonly owned affiliated companies (Collectively, “Transitional Design”, “We”, “Us” or “Our”). These Terms & Conditions set forth the legally binding terms for Your use of Transitional Design’s services and shall apply to all users of the Transitional Design Website. By using this Website, You agree to and are bound by these Terms & Conditions and also acknowledge that: (i) You understand the use of Transitional Design’s website, (ii) You have either reviewed the information or have chosen not to do so; and (iii) You have had the opportunity to ask questions regarding the use of Transitional Design by telephone or email and to have those questions answered. Transitional Design reserves its rights to enforce all terms of sale included in accordance with the Terms & Conditions.
1.2 Use of the Website.
You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any and all content You may submit, post, or share via the Website. You may not use the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website outside the functions of the Website without first obtaining written permission from Transitional Design. You will be responsible for ensuring that You do not violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or any other destructive code.
1.3 Modification of Terms.
Transitional Design may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the Transitional Design Website. You agree to be bound to any changes to these terms when You use www.TDonlineauctions.com after any such modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them.
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART OF THEM, TRANSITIONAL DESIGN, AND/OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY TRANSITIONAL DESIGN.
2. ACCESS AND USE OF THIS WEBSITE
2.1 Website Access
Transitional Design hereby grants You permission to use the Website as set forth in these Terms & Conditions provided that You comply with all the terms and conditions set forth. You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any and all content You may submit, post, or share via the Website.
2.2 Use of Website
Bidders are responsible for maintaining the security of their Transitional Design profile, password and personal account information or purchase invoices. You accept sole responsibility for keeping Your password secure. Transitional Design will not be held responsible for Your losses caused by any unauthorized use of Your account.
All individuals who participate in our online auctions must become a registered bidder and create a profile by providing an accurate and valid name, address, cell and home numbers (if home not available, cell phone number may be substituted). By doing so you represent and warrant that (i) all registration information is truthful and accurate; (ii) You will maintain the accuracy of such information; and (iii) You are 18 years of age or older and have full legal capacity to complete such contractual action.
4. CATALOGUE AND ITEMS
All statements by Transitional Design in the catalog entries for the property or in the condition reports or made orally or in writing elsewhere, are statements of opinion and are not to be relied upon as statements of fact. Transitional Design attempts to catalog and photograph every lot correctly and will attempt to point out all defects but will not be responsible or liable for the correctness of the catalog, other descriptions or visual depiction of any lot. Sizes and weights are approximate. The absence of any reference to the condition, and/or Buyer’s inability to see every detail of a lot in the catalog and photographs, does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections or the effects of aging. Estimates of the selling price should not be relied upon as statements that this is the price, for which the item will sell or its value for any other purpose. Transitional Design cannot test all items, therefore items sold as “untested” are sold as-is with no warranties expressed or implied. Neither Transitional Design nor the Seller is responsible for any errors and omissions in the catalog or any supplemental material.
Transitional Design makes no guarantees, warranties or representations, expressed or implied, with respect to the property, its visual depictions on the Transitional Design website, the correctness of the catalog, and statements of the authenticity of authorship, physical condition, size, quality, rarity, medium, material, genuineness, period, culture, source, historical significance of any lot sold. No statement anywhere, whether oral or written, or posting of a photograph, shall be deemed as such a guarantee, warranty or representation.
The sole purpose of a Preview is to give You the opportunity to see the item(s) in person before placing a bid. Previews will occur at the sole discretion of the auction manager, and times and availability will vary, or depending on location may not be available. Refer to the Auction Details section for preview availability. Please contact the Auction Manager should you have any questions or concerns about items in an online auction.
All aspects of an online auction are subject to change without prior notice. Transitional Design reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action Transitional Design deems necessary to affect the fair conduct of a sale.
5. BUYER’S RESPONSIBILITIES
You, as a prospective Buyer, are responsible for personally examining or otherwise insuring satisfaction with all lots, in which You have an interest. By placing a bid, You signify that You have examined, or otherwise insured Your satisfaction with the lot as fully as You desire; or that You have chosen not to examine, or otherwise insure Your satisfaction. If You require absolute certainty in all areas of authenticity, condition, etc., and the results of Your examination and/or other investigation leave uncertainty in Your mind, Transitional Design recommends You have an independent expert examine the lot for You prior to bidding. If You are the winning bidder, You are obligated to pay for the full amount of the invoice.
Transitional Design has the right, at its discretion, to refuse admission to its premises or participation in any auction and to reject any bid.
Some lots may be offered subject to a reserve, which is a minimum price below which the lot will not be sold. Transitional Design, at its discretion, may disclose the amount of reserve.
6.3 Transitional Design’s Discretion
Transitional Design reserves discretion in the following matters: (ⅰ) Transitional Design may withdraw any property before sale and/or divide and/or combine lots; (ⅱ) Transitional Design may reject any bid (the highest bidder acknowledged will be the purchaser), cancel the sale or advance bidding in such a manner as Transitional Design may decide; (ⅲ) in the event of any dispute between bidders, or in the event of doubt on Transitional Design’s part as to the validity of any bid, Transitional Design will have the final discretion either to determine the successful bidder or to re-offer and resell the lot/s in dispute; (ⅳ) if any dispute arises after the sale, Transitional Design’s sale record is conclusive; (ⅴ) any and all of the conditions of this agreement may be waived or modified in the sole discretion of Transitional Design.
6.4 Bidding Records
Lots will close two per minute. Should a bid be placed within the last two minutes of a lot’s ending time, the ending time will automatically be extended to two minutes from the time that bid is placed. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is the last Bidder the bid history recorded before the timer hits zero.
7.1 Payment Types
Transitional Design accepts cash, debit, Visa, MasterCard, Discover, Amex and PayPal.
7.2 Buyer’s Premium and Sales Tax
If You are the successful Bidder, You agree to pay the amount of Your bid plus a 15% (fifteen percent) buyer’s premium and any applicable state and local sales taxes.
If You are a tax-exempt Bidder, it is Your obligation to provide us with your tax exemption information before bidding.
7.4 Payment Times
Payment must be made in full by the end of the stated auction pick-up time. You may pay for Your invoices in three ways: (i) in person at the auction pick-up, (ii) via the link for debit/credit cards or PayPal on Your invoice, or (iii) via telephone through the Transitional Design office at 440-627-6390.
7.5 Passing of Purchases
Once the item(s) have been paid for by any means, You assume full risk and responsibility for the purchased item(s) unless otherwise noted as donated/forfeited.
YOU AGREE THAT TRANSITIONAL DESIGN SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL TRANSITIONAL DESIGN BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
7.6 Forfeit/Donation Policies
(i)Any items not paid for in accordance with the Transitional Design Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. Transitional Design may, in its sole and absolute discretion, resell the items or donate the items to a charity of Transitional Design or the affiliate’s choosing. Any default in payment will be subject to interest and collection fees. Transitional Design and/or its affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that Transitional Design and/or its affiliates may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
(ii) If a purchased item(s) is paid for and not picked up, Transitional Design will hold the item for five (5) days. Large items may be subject to a storage fee. After that time period the item(s) will be considered abandoned and Transitional Design has sole discretion to re-list, dispose of, or donate the item(s).
All sales are final.
8. PICK UP AND SHIPPING
Unless otherwise stated in the auction description, all pick-ups are at the Transitional Design location at 601 Towpath Tr., Broadview Heights, OH 44147. You must pick-up your merchandise at the specified auction location during the scheduled pick-up.
8.2 Alternate Pickup
If an auction pickup is at an alternate location the address will be provided with the invoice to successful winning bidders. If delivery or transfer is available, it will be stated in the auction detail.
(i)To obtain a shipping quote, please contact Tony at the UPS Store at 216-475-7855 at least 24 hours prior to the auction closing. If you are the winning bidder, it is your responsibility to make all arrangements and you will pay UPS directly for the shipping charges once your invoice is paid, (ii) You are also welcome to make Your own arrangements to have Your items picked up and shipped by the agent of Your choosing. However, Transitional Design must receive payment for Your invoice amount prior to releasing Your items.
Transitional Design reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of termination by Transitional Design in connection with Your breach of these Terms & Conditions, Transitional Design may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, You agree that if Transitional Design, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Transitional Design may cancel all current bids placed, withhold merchandise not picked up, or otherwise retain any and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Transitional Design for all outstanding unpaid invoices through the date of termination.
You agree to indemnify Transitional Design, its affiliates or clients for any damages or losses. You will not hold Transitional Design, it’s owners, affiliates, clients or its employees, liable for accidents, injury, theft, or incidents related to purchases.
11. EVENTS BEYOND CONTROL
11.1 Interruption of Service
Transitional Design shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Transitional Design shall be final.
11.2 Unforeseeable Events
Under no circumstances shall Transitional Design be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Transitional Design. This includes, but not limited to, any third party associated with Transitional Design or the services provided by Transitional Design.
Transitional Design, A Division of NRB Consulting Services, LLC