1. GENERAL TERMS AND CONDITIONS
1.2 Additional Terms.
You may be required to agree to additional terms and conditions on a per online auction basis. These additional terms and conditions are located in the Auction Details on the online auction in which You choose to participate. These additional terms are hereby incorporated into the Zipperbuy’s Terms & Conditions as an integral part hereof.
1.3 Modification of Terms.
Zipperbuy may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the Zipperbuy Website. You agree to be bound to any changes to these terms when You use www.zipperbuy.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, ZIPPERBUY, 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 ZIPPERBUY.
2. ACCESS AND USE OF THE WEBSITE
2.1 Website Access.
Zipperbuy hereby grants You permission to use the Website as set forth in these Terms & Conditions, provided that: (a) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Zipperbuy; and (b) You will otherwise comply with the all terms or conditions set forth in these Terms & Conditions.
2.2 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 Zipperbuy and/or the Auction Manager. 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.
2.3 Bidder Number and Password.
(i) In order to access some features of the Website, You will have to create a Bidder Profile. You should never use someone else’s Bidder Profile without permission. You are responsible for maintaining the security of Your Zipperbuy Bidder Profile, password and any personal account information or purchase invoices. You are solely responsible and liable for the activity and purchases that occur under Your Bidder Number. You accept sole responsibility for keeping Your password secure. Zipperbuy will not be held responsible for Your losses caused by any unauthorized use of Your account; furthermore, you may be held liable for the losses to Zipperbuy or others due to such unauthorized use.
(ii) It is Zipperbuy’s sole discretion to accept or decline the instructions of any individual who claims to be authorized to make direct changes to Your Bidder Profile account, so long as such the person presents the appropriate account information. We shall not be responsible for the actions made by any individuals who misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other appropriate identifying information. If Your Bidder Profile account has been compromised, it is Your responsibility to notify Us immediately of any unauthorized use on Your account.
If You would like to participate in our online auctions, you must become a registered bidder and create a bidder profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process.
By using the Zipperbuy’s Website, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify, you are not permitted to participate in our online auctions.
4. COMMUNICATION WITH YOU
4.1 Customer Service Contact.
To contact Our Customer Service - please use any of the options listed below:
1. Contact Us by Email: firstname.lastname@example.org. Contact Us by Phone: 614-733-9101 during the service hours of 9AM - 5PM (ET), Monday Through Friday. Please contact the branch and/or location listed on the auction with specific questions about that auction.*
*Our service hours may be reduced during certain national and/or religious holidays.
4.2 Email Communication.
Zipperbuy and our affiliates reserve the right to send messages to You to inform You of (a) Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the Website, the online auctions, the items, and/or these Terms & Conditions. Further, you consent to receive such emails at the email address You enter into Your Bidder Profile.
4.3 Telephone Communication.
By agreeing to these Terms & Conditions, you acknowledge that We and/or our affiliates may contact You via telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) to discuss the Website, the online auctions, the items, or Your account and consent to such contact. Further, you consent to receive such phone calls at the telephone number(s) You enter into Your Bidder Profile.
4.4 Text Communication.
You may opt-in to receive watchlist and outbid alerts by text message during the registration process or in Your Bidder Profile. By opting-in for this functionality, you consent to receive text messages by automated means from Zipperbuy. Allowing these text alerts is not a condition of purchase. This service is free from Zipperbuy; however carrier message and data rates may apply. To take advantage of the Zipperbuy text messaging alerts, you must have a text messaging-enabled mobile device with a text messaging plan. The number for this device must be entered into the mobile phone text box in Your account information. All mobile carriers are supported.
4.5 Direct Mail Communication.
Zipperbuy and Our affiliated companies may send You promotional details for Our services which We believe may interest You. If at any time you do not wish to receive these communications, please email us email@example.com
5. WARRANTY OF ITEMS
5.1 Warranty of Items.
i) All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. All other guarantees of authenticity, expressed or implied, are hereby disclaimed.
(ii) Dimensions given for the item(s) may be approximate measurements.
(iii) CAUTION: Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please read the descriptions carefully to determine what is included in each lot.
5.2 Physical Condition of Items.
Zipperbuy does our best to explain both the features and faults of an item within its description. We cannot ensure that our assessment of an item is the same as your assessment; Zipperbuy assesses the quality and condition of an item as described and stated by using the following “Condition Glossary”:
NEW IN PACKAGE: Item is perfect or pristine
NEW IN PACKAGE - DAMAGE TO PACKAGE: Item is brand new but the packaging has some damage.
NEW IN PACKAGE - MINOR DAMAGE TO ITEM: Item is brand new but has some damage.
NEW BUT NO PACKAGE Item is brand new but the packaging is not included. It may have been removed or never existed.
OPEN PACKAGE Item shows signs of being opened. Exact condition of the item is unknown. Item has not been inspected but is assumed to function as intended (unless stated otherwise).
NO PACKAGE Item has no packaging. Exact condition of the item is unknown. Item has not been inspected but is assumed to function as intended (unless stated otherwise).
5.3 Working Condition of Items.
Zipperbuy does not guarantee the working order of any clock, watch, electronic, or mechanical device.
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. Refer to the Auction Details section for preview availability.Please contact the listed auction contact should you have any questions or concerns about items in an online auction.
5.5 Changes in Circumstances.
All aspects of an online auction are subject to change without prior notice. Zipperbuy 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 Zipperbuy deems necessary to affect the fair conduct of a sale.
6. BIDDING INSTRUCTIONS
6.1 Binding Offer.
Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, you are contractually obligated to buy the merchandise at the price stated as Your bid, as well as pay all other applicable taxes and fees.
IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS & CONDITIONSAND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED PRIOR TO BIDDING ADDITIONALLY. ENSURE THAT THE AUCTION PICK-UP DATE AND TIME WORKS WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid prior to the auction end time or bid while the auction is in the progress of closing. Zipperbuy cannot guarantee that You will be the winner of any item.
6.3 Placing a Bid.
You can place bids in two ways: (1) manually by entering a standard bid using the My Bid function, then clicking the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Max Bid function. The max bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to the dollar amount entered. You can read more about the Max Bid function and how all other bidding features operate in the "Buying" and “Glossary” sections of this Website.
6.4 Bid Increments.
When placing a bid, bidding must increase by the following specified increments:
>$50 – $1000
>$1000 – $10,000
>$10,000 – $100,000
6.4 Bidding Records.
Should a bid be placed within the last five minutes of a lot’s ending time, the ending time will automatically be extended to five 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 unless the item was sold via a “Buy It Now” option before the auction timer hit zero.
6.5 Bid Notifications.
(i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed.
(ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. This email can never be disabled or unsubscribed. It will detail the date, time, location, and Bidder notes for the auction pick-up of Your winning items. It also serves as a helpful gateway to pay for Your purchase invoice online via credit card. If You feel You have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact the Auction Manager. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications.
6.6 Bidding Errors.
With each bid placed, you are asked to confirm the bid amount entered. Should a mistake be made before the time the auction’s bidding is scheduled to end; You may request to have Your error corrected. Zipperbuy will have sole discretion over how or if this error will be corrected. Please submit Your request immediately through our Contact Us page or by calling customer service at 614-733-9101 or call the affiliate company assigned to the auction. However, if the mistake is made while the auction is closing, the bid will stand as entered.
TIMELINESS OF BIDDING ERROR REPORTS - BIDS CANNOT BE REVERSED AFTER THE AUCTION HAS CLOSED – NO EXCEPTIONS WILL BE PERMITTED.
6.7 Buy It Now.
Buy It Now is an option offered on select items to purchase an item for a Purchase Price set by the Seller without the necessity to participate in an Auction. If available, the Buy It Now option is available until its stated end time. If no time is stated, it will be available until the close of the aucton lot. The Buy It Now option will supersede all bidding for the item(s), including set max bids and current winning bids.
7.1 Payment Types.
Zipperbuy accepts cash (USD), personal checks ($500 maximum), or VISA®, MasterCard®, Discover®, and American Express® as acceptable payment for items purchased. You may be required to present current identification (such as a valid driver’s license or state ID) at time of pick-up. Zipperbuy accepts cash payments in USD only.Items will not leave the auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type restrictions for an entire auction or an individual item may apply; please read the Auction Details for additional terms.
7.2 Check Payment Restrictions.
Personal checks must be made payable to the affiliate. Personal checks will only be accepted if under the amount of $500.00 USD. Exceptions will be at the sole discretion of the Zipperbuy affiliate. Zipperbuy and our affiliate companies have the right to assess a fee of $25 on all returned checks.
7.3 Buyers Premium & 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.
7.4 Tax Exempt.
If You are a tax exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax exempt number. You will be contacted by Customer Service with further instructions to complete the tax exempt process.
7.5 Payment Instructions.
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: (1) via the Online Checkout, (2) in person at the auction pick-up, or (3) via telephone with the auction manager.
1. Payment via the Online Checkout: Should You choose to pay through the Online Checkout, you can access the system from Your Bidder Dashboard. Click “View” to select and view an Unpaid Invoice and then click “Pay Online”. To start the checkout process, select Your pick-up option from the drop-down menu: (a) Pick-up at the auction location; (b) Transfer items for an Alternate Pick-up location and/or time; (c) Ship Your items; (d) Donate/Forfeit Your items. Once You submit Your payment, you will receive Your payment confirmation. Please note that not all pickup options will be applicable for every auction and/or item.
i. Payment via the Online Checkout is restricted to the acceptable credit card payment types.
iii. For more information about the online checkout process, you may visit our “Buying” section for a tutorial video or detailed instruction.
2. Payment in Person: Paying in person at the auction location allows for all forms of payment types outlined in the payment term 7.1.
3. Payment over the Phone:Payments called in to the auction manager are restricted to the acceptable credit card payment types. Please note that not every auction manager will be available to take phone payments in a timely manner. When possible, please remit Your payment before the scheduled pickup time starts or by using the Online Checkout.
7.6 Liability Regarding 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 ZIPPERBUY 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 ZIPPERBUY 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.
7.7 Failure to Remit Payment.
Any items not paid for in accordance with the Zipperbuy Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. Zipperbuy may, in its sole and absolute discretion, resell the items or donate the items to a charity of Zipperbuy or the affiliate’s choosing. Any default in payment will be subject to interest and collection fees. Zipperbuy 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. You bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that Zipperbuy and/or its affiliates may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
8. Pick-Up, Transfer, Shipping, and Donation Policies
8.1 Pick-up Policies.
(i)You must pick up your merchandise at the specified auction location during the scheduled pick-up time. Refer to Your purchase notification for specific pick-up instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the auction manager prior to the pickup start time.
(ii)Removal shall be at the expense, liability, and risk of the purchaser. You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items without assistance from the Zipperbuy team on location.
(ii) Purchases will be released upon Your payment made in full of the entire invoice balance due.
(iii)If You are sending movers or anyone else on Your behalf to pick up Your items, please insure that they have the full payment due upon arrival or a Your paid receipt at the pickup location. Otherwise, no items will be released.
8.2 Alternate (Transfer) Pick-up Policies.
Not every online auction will have an alternate pick-up option available. Please read the Auction Details for a description of when and where the alternate pick-up is scheduled. Each item within an online auction that offers an alternate pick-up is subject to availability. If an item is available to be transferred to the alternate pick-up, it will be noted in the Item Details with a fee associated to transfer the item. If You are the successful bidder of the item, the transfer fee associated with the item will be added to Your invoice. Payment for the item and all fees associated with the transfer must be paid in full prior to the item(s) being transferred.
8.3 Donation/Forfeit Policies.
If You are unable to make it to the pick-up location at the specified time, You may choose to Donate/Forfeit Your items without jeopardizing Your bidding privileges. In the Online Checkout, please choose the “donate” pick-up option to pay for Your items and OPT OUT of claiming them. Zipperbuy has the right to resell, remove, or dispose of the item(s) You choose to donate/forfeit.
Zipperbuy 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 Zipperbuy in connection with Your breach of these Terms & Conditions, Zipperbuy 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 Zipperbuy, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Zipperbuy may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain any and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Zipperbuy for all outstanding unpaid invoices through the date of termination.
You agree to indemnify, defend, and hold Zipperbuy and its members, managers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Zipperbuy or any of the services offered by Zipperbuy, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
11. Events Beyond Control
11.1 Interruption of Service.
Zipperbuy shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continuous, 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 Zipperbuy shall be final.
11.2 Temporarily Suspended Auctions or Lots.
When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest Bidder will be recorded. Temporarily suspended auctions and lots will be clearly indicated when applicable.
11.3 Liability Regarding Unforeseeable Events.
Under no circumstances shall Zipperbuy 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 Zipperbuy. This includes, but not limited to, any third party associated with Zipperbuy or the services provided by Zipperbuy.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to Zipperbuy or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that Zipperbuy will aggressively enforce its intellectual property rights to the fullest extent of the law.
13.1 Established Affiliates.
Zipperbuy may, from time to time, give general guidance to its affiliates, in the daily operation of its business affairs and assist in marketing through the use of its website www.zipperbuy.com. However, each Affiliate remains its own separate entity and is independently owned and operated.
14. Governing Law
14.1 Governing Law.
These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefore. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.