These Terms and Conditions constitute a CONTRACT between you, the bidder, and us, the Auctioneer. Do not submit any bids unless you understand and agree to ALL of the terms of this contract. By bidding, you agree to ALL terms defined below.
IMPORTANT TERMS AND CONDITIONS:
Our team receives anywhere from 50 - 100 emails for each sale once the auction is posted online - we sincerely do our best to respond in a timely manner to each inquiry, but we do ask for patience and consideration regarding our attempts to field this many questions. Questions that are sent during non-business hours (between 8pm and 8am) will not be reviewed until business opens. We do not respond to emails on Sunday unless there is a pickup day scheduled - please do not expect a response if you email us on Sunday until the following Monday during business hours at earliest.
We do not have the ability to accept or respond adequately to unexpected phone call inquiries - please direct all questions, concerns and general inquiries regarding this auction via email to ensure the most prompt response.
If you experience any technical issues with the auction, please contact EstateSales.org as we are not qualified or able to provide any information relating to any problems that you may encounter during the auction. We do not control any part of the bid process, cannot cancel or alter your bid and are unable to assist with any technical issues.
A 15% Buyers Premium (in addition to applicable Sales Tax) will be charged to any item which covers the cost of the Auction platform service fee in addition to administrative costs associated with running sales this way. We are happy to discuss in person the many specific ways we appropriate the additional resources from the Buyers Premium to ensure the highest possible levels of customer satisfaction.
Please do not bid on any item unless you have reviewed all dimensions, pictures and other characteristics and also asked any questions or voiced concerns that may prevent you from being completely satisfied.
If you don't see it in the picture, it is NOT INCLUDED. We are happy to investigate if a component is not shown, but please do not bid on an item and expect something that is not shown to be delivered.
We DO NOT SHIP items in our ONLINE ONLY auctions - this is a non-negotiable. DO NOT bid on an item and then attempt to force our team to act as couriers or shipping clerks. Any online auction we host is LOCAL PICKUP ONLY. We invite out-of-state bidders but we must insist that you pre-arrange appropriate means of collecting anything you hopefully win.
Due to bidders who have bid but not paid and buyers who fail to adhere to our Contactless Payment policy, we are now enacting an Invoice-Free system to ensure that every winning bidder pays the amount due while also cooperating with our Contactless Payment system. At the conclusion of each auction, we will automatically charge the debit/credit card you have on file for the total amount due (including buyer's premium of 15% and appropriate Sales Tax) so there is no need to search for or inquire about an invoice. If your card returns "insufficient funds" when automatically charged, we will send you a direct notification to inform you of the issue. If your card returns "insufficient funds" on the 2nd attempt, we will immediately block you from participating in any future auctions for lack of payment and general disrespect of the platform. PLEASE do not bid on items if you do not have money in the account to cover your purchase(s).
PLEASE do not bid on items if you do not have the appropriate amount of muscle to move the item safely (this means not damaging the home on the way out). Any damage caused during transport of items from any Auction are the SOLE responsibility of the buyer and their movers. Any large items that are moved will be supervised by our team from start to finish and any damage will be immediately documented so the homeowner can contact you for appropriate compensation. We reserve the right to refuse transport of any large item if you show up and attempt to insist on moving something when we know it will end up either hurting someone or causing damage. Any injuries or other related accidents that occur on the premises as a result of a buyer attempting to remove their items from the home is the SOLE liability of the person involved. By entering the premises to collect your item, you are releasing Ms. Museum Estate Sales LLC from any liability related to your actions.
______
- All bidders must be 18 years of age or older and provide identification as verification upon request. All bidders and others participating in this auction agree that they have read these terms and agree to be bound by and abide by these terms thereby. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and forever indemnify Auctioneer, it’s employees, agents, and assigns, from any liability and causes of action.
All property is sold “as is, where is†without any warranty or guarantee, expressed or implied. ALL SALES ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES or REFUSALS. As the highest bidder, you are the buyer and are bound by the terms and conditions of this agreement and sale. The BUYER assumes full responsibility for any item purchased AT THE TIME IT IS SOLD. In no event shall a bidder or buyer hold the Auctioneer responsible for having made or implied any warranty or merchantability or fitness for any specific purpose.
The Auctioneer is acting solely as an agent for the Seller. The Auctioneer shall assume no liability for representations made, or information provided by the Seller. The Seller reserves the right to accept or reject any or all bids. This is a Public Auction and as such, all qualified bidders may bid, including Ms. Museum Estate Sale owners, family members and employees.
Others are not authorized to use your bidder registration. Should you allow others to bid under your number, you will be fully responsible for all bids they make as though you made them yourself.
Removal of any and all items shall be at the expense, liability and risk of the purchaser. All property must be removed within the time period announced by the Auctioneer for each auction. Property not removed within the announced time period will revert to the Seller for resale or disposal, without refund or recourse to the bidder. Since items are normally donated to Goodwill the following morning, any attempts to force our staff to reschedule a delivery of an item that you failed to collect is impossible even if we desired. Property not removed shall be considered abandoned and no refunds shall be issued. The Seller, at her/his discretion, may choose to have unclaimed items removed or disposed of at the expense of the Bidder who failed to collect the items. By participating in this auction, you agree to pay the removal costs of any unclaimed items that you won in the auction - this is a flat fee of $20 per order w/out furniture and $50 for any order that contains furniture. This is non-negotiable and bidder authorizes Ms. Museum Estate Sales to charge their card-on-file and agrees to not attempt any "charge-backs" on this penalty fee assessed. Buyer understands that their unclaimed items will need to be donated to rid the home of any uncollected excess inventory and that Ms. Museum Estate Sales does not owe them an itemized donation receipt from Goodwill as that service is not available. - Announcements made at the time of the sale take precedence over conflicting announcements or postings. The Auctioneer reserves the right to determine bidding increments at his or her discretion, and may reject a nominal or fractional bid. The Seller and the Auctioneer reserve the right to withdraw items from sale before or during the auction without prior notice.
The Auction Firm is acting solely as the agent for the Seller and is not responsible for any acts or omissions of its principals.
Should any litigation or mediation be commenced between the parties to this agreement, concerning this agreement or the associated auction, the bidder / buyer agrees that the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.
Bidder agrees that this agreement shall be governed by the laws of the state of Colorado and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the applicable county of Colorado (normally Larimer County as the damage will affect our business established in Fort Collins). Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Colorado. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts.Payment TERMS:
- Credit Cards/Debit Cards are the only payment forms accepted. To participate, you must have a credit card on file with EstateSales.org before any activity can begin. By participating in this auction, buyers expressly agree that they will not “charge back†or “deny†a credit card purchase. At the end of the auction, total due for each buyer will be automatically charged so no invoice request will be necessary. We take fraud very seriously - if Ms. Museum Estate Sales is forced to litigate to recover money due to the company from a bidder due to a fraudulent charge-back, bidder agrees to pay a default punitive judgment to Ms. Museum Estate Sales of $500 (for the malicious act of fraud) in addition to any real-damages award(s) related to any outstanding purchase amount our company is owed.
There is an automatic $35 "insufficient funds" service fee that will be assessed for any credit card that is declined for a purchase so PLEASE make sure that you have enough funds to cover your order(s) before participating.
Pick-Up / Shipping
Items may be picked up at the designated Pick-up Location ONLY. Items not picked up during the designated pick-up times will be deemed abandoned and will revert back to the Estate with no refunds. Buyer understands that Ms. Museum Estate Sales does not operate a storage company and does not have the ability to store any items for "later pickup". Although we have likely not heard EVERY excuse under the moon for why a buyer wasn't able to pickup their order, we have heard our fair share of attempts by buyers to guilt us into breaking our own policies by allowing them to get their order at a later date (while also magically un-donating their uncollected item(s) from the Goodwill). Please understand there are NO EXCEPTIONS, regardless of reason, for not picking up your items during the designated date/time. Buyer understands it is not the duty of Ms. Museum Estate Sales staff to ensure they are reminded of their responsibility to collect their purchase(s) before the pickup event concludes. Any attempts by buyers who fail to pickup their items during the specified event pickup dates/times will only be met with a polite suggestion to review this specific portion of the contract in addition to a reminder of the standard removal fee that is owed to our company. If for some reason there is a technical issue where you do not receive the Invoice email (be sure to check your EstateSales.org message Inbox, not just your Gmail or other client server), the Ms. Museum Estate Sales contact information is readily available for such an inquiry in addition to the ability for any buyer to send a message via EstateSales.org. Our invoice messages (where the buyer is notified of their successful payment and given a direct link for the Signup Genius webpage that has the address for each event) are normally sent out to all winning bidders by 10pm the night of the auction's conclusion (depending on how many items are involved), but should always be available by 11:59pm the night of the auction's conclusion. If you haven't received your Invoice confirmation message with Signup Genius link please be sure to reach out at 8am the following morning so we are able to ensure you have the accurate address and ability to signup for the pickup time that best works for you. - On-Line Auctions - Neither the Auctioneer nor the Seller shall be responsible for any failure of any electronic or internet systems to accept or register a bid. Registered bidders must create a password that prevents others from using their account. Bidders are responsible for ALL bids placed under their name and password.
It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor of all items. Auctioneer does not guarantee any appraisals, gradings or certifications. If you have any questions about the merchandise, ASK THEM BEFORE BIDDING. Bidders shall be the sole judges of value. It is Bidder's responsibility to determine if any item is legal where they live.
By placing a bid, Bidder agrees to all terms and acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk. Even though an item may display as "sold" on the internet, no sales are final until they are certified by the Auctioneer and the bidder receives an invoice. Auctioneer reserves the right to cancel any or all sales and resell the items in whatever manner he or she chooses.
