By bidding in this auction you acknowledge that you, Buyer (or Bidder, or winning Bidder, or Purchaser, each of which four terms may be used interchangeably), hereby agree to be bound by all of the terms and conditions of this auction as described or any lot listing and these SUNSHINE AUCTIONS GENERAL TERMS AND CONDITIONS. These terms and conditions and the information contained in any lot listing constitute the entire agreement between Buyer and SUNSHINE AUCTIONS (SA). These terms and conditions and the information contained in any listing may only be changed by SA. By participating in this auction, Buyer acknowledges that Buyer is bound by these terms and conditions and the information contained in any listing. SA, Sunshine Auctions or any pronoun referring to it also refers to Sunshine Auction House,Sunshine Auction, Holotropic Herbs,Spitshine Studios representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates. In the event of a conflict between these Sunshine Auctions TERMS AND CONDITIONS and the contents of any listing, any invoice, or any Auction Venue General Terms and Conditions, these General Terms and Conditions shall supercede and govern.
Personal Property - SA believes, to the best of its knowledge that the information presented in any listing has come from reliable sources. Such information is presented solely for the convenience of the Purchaser. SA makes no warranties of any kind related to the information presented in any listing. SA further makes no warranties, either express or implied, relating to the value, marketability or condition of the lot described in any listing. Prospective bidders should investigate a lot thoroughly before bidding. By bidding the Bidder acknowledges that Bidder has investigated the lot to his or her satisfaction, or, that Bidder has chosen not to do so, and agrees to accept the lot being bid on with no objections after the sale closes. If you are uncertain please contact us with your questions prior to bidding. If you are still uncertain after we reply, please refrain from bidding. Photos other graphic material contained in any listing of generic or duplicate lots may be stock presentations and not necessarily of the specific lot.
A Buyer’s premium amounting to 18% of the winning bid amount will be added to the purchase price of each lot.
High and low estimates are provided solely for comparison purposes and SA makes no warranties of any kind relating to them.
APPRAISALS & APPRAISAL ESTIMATEs
Any appraisals or evaluations provided are solely for the convenience of the Bidder and SA makes no warranties of any kind relating to them. Appraisals may include valuations which reflect the full, highest retail price of the item in a specific geographic region, the item’s insurance replacement value, or both. No price estimate or appraisal value should be considered to represent the investment or resale value of the item. Such values are to be solely based on the due diligence evaluation of the Bidder absent any estimate or appraisal value presented.
In the event that an item is listed as having an “Appraisal Estimate”, this represents SA’s in-house estimate of what the item would appraise for. Actual appraisal of the item is the responsibility of the Bidder. PLACEMENT AND ACCEPTANCE OF BIDS
Unless the auction of a lot is announced as absolute, SA reserves the right to accept or reject any bid for any reason whatsoever, at any time before, during or subsequent to any auction. Any and all bids made by a Bidder constitute irrevocable offers to purchase the lot at the maximum bid amount of the Bidder and may not be withdrawn by the Bidder under any circumstances. At the close and reconciliation of the auction, SA shall determine the actual winning Bidder of each lot and may, in its sole discretion, reflect as sold to any lower Bidder any duplicate item that may be available at the Bidder’s maximum bid on the lot. In the event of any dispute between bidders, or in the event of doubt on WAR part as to the validity of any bid, SA will have the exclusive final discretion to determine the successful Bidder, cancel the sale, award the lot to the next highest Bidder or Bidders or to re-offer and resell the lot in dispute and SA is not responsible for any errors or omissions in connection therewith. Unless a sale is announced as being “without reserve,” SA reserves the right to protect any reserve price by placing and advancing floor bids up to the amount of the reserve. SA may also place bids on behalf of any buyer or seller, bid for its own account or remove any lot from sale without notice at any time. Any bid entered by a Bidder shall be determined in the sole discretion of SA to have exceeded or not to have exceeded any reserve. In consideration of SA’s approval of the application of the Bidder to bid in SA’s auction, Bidder agrees to comply with and be specifically bound by the provisions of this paragraph.
Payment of the winning bid amount, buyer’s premium and shipping/handling charges will be made at the time the auction is reconciled and invoiced (email) by SA, using the credit card on file for the Bidder. In the event that no credit card is on file, the Bidder will be directed to SA’s credit card payment website and also provided with instructions for payment by wire, cashier’s check or money order. All credit card payments are due at the time the auction is invoiced by SA. All other payments are required to be received by the 4th day’s mail delivery following the invoice being sent by email. In consideration of SA’s approval of the application of the Bidder to bid in SA’s auction, Bidder hereby authorizes SA to charge the credit card currently or previously on file provided by Bidder as specified herein. A $50 handling fee will be assessed for each declined credit card transaction and Bidder agrees to such charge. Requests for other payment arrangements will only be considered prior to the opening of bidding in any auction.
SHIPPING, HANDLING AND INSURANCE
We provide handling, packing and shipping services solely as a convenience for our Bidders. Because Bidders most often opt for these services, we include an ESTIMATED AMOUNT in the auction invoice.
. We ship primarily by USPS priority mail within a commercially reasonable time following credit of the Bidders payment to our account. On average, a Bidder may expect to receive their items within 4 weeks following their payment. The actual cost of shipping, insurance, registry and confirmation services is charged to the Bidder, as well as a packing/handling fee not to exceed $3 per item, to defray the cost of labor involved. Large, heavy, fragile or otherwise unusual items will incur additional charges. Under special circumstances, SA may ship items using USPS Express Mail, private carriers or pack and ship enterprises, the cost of which shall be charged to the Bidder. SA will not entertain shipment using lower classes of mail due to the increased risk of loss. Requests earlier shipment or special handling may be accommodated on a limited basis at SA’s sole discretion and may incur additional handling charges. All costs charged to a Bidder’s original invoice are estimates and SA reserves the right to charge additional amounts if such estimates are exceeded and Bidder hereby agrees to such additional amounts. SA may, at its sole discretion, combine the shipment of items from multiple auctions over a 7-day period to reduce shipping costs.
All US domestic shipments are insured at the total bid amount contained in the shipment (other add-on charges are not covered by insurance). The estimated cost of insurance is included in the Bidder’s invoice.
Shipments to Alaska, US Territories and Foreign Countries – Shipping and handling charges to these locations are higher and often require registry or express mail. Insurance coverage to foreign locations may also be limited by the shipping carriers. SA will ship items to foreign locations using the same classes of mail and additional postal services that it uses to ship to US locations, to the extent that such services are available, and, insurance coverage may be limited or unavailable. IT IS THE FOREIGN BIDDER’S OBLIGATION TO BE AWARE OF AND INSTRUCT SA REGARDING ANY ALTERNATIVE SHIPPING ARRANGEMENTS WHICH MAY BE DESIRED TO INCREASE INSURANCE COVERAGE. War will not be liable for any shortfall of insurance either on foreign shipments or on the non-coverage of additional invoice charges exceeding bid amounts.
Foreign Bidders are solely responsible for the compliance with all export and import requirements of the items they purchase, both out of the US and into their country of delivery. To the extent that SA is required to assist foreign Bidders in these matters, the time expended by Sa will be billed at $32 per hour.
Storage fees of $4 per day per item will apply to all items held for any Bidder after the normal shipment date due to circumstances existing at the Bidder’s delivery location.
Our responsibility for damage to or loss of any lot ends once it has been turned over to the USPS, or other shipping enterprise for delivery and/or packing. By bidding, the winning Bidder agrees that any and all claims for loss or damage to the lot will be handled solely through the insurance claims process or the carrier and acknowledges that insurance may be subject to deductibles or other limitations which are not the responsibility of SA.
No items will be shipped to any Bidder for any particular auction until all charges for the auction have been paid in full and all funds have cleared. Even if paid in full, no items will be shipped to any Bidder for any particular auction if the Bidder has any balances with SA from other auctions which are not in compliance with the provisions of PAYMENT above, until such balances are paid in full and all funds have cleared. SA may, at it’s sole discretion, require any Bidder to return a signed sales receipt prior to shipping.
BY BIDDING, THE BIDDER AGREES TO SA’S SHIPPING AND HANDLING POLICY AND CHARGES, WHETHER KNOWN OR NOT TO BIDDER AT THE TIME OF BID. BIDDER FURTHER AGREES THAT NEITHER DELIVERY OF AN ITEM AFTER THE DATE DESIRED OR EXPECTED BY BIDDER OR LOSS OF AN ITEM BY A THIRD-PARTY DELIVERY ENTITY GIVE RISE TO A CAUSE FOR A CHARGEBACK CLAIM AND BIDDER SPECIFICALLY AGREES TO REFRAIN FROM THE FILING OF ANY SUCH CLAIM.
The Bidder is a Non-Paying Bidder (NPB) if the Bidder has not met the requirements of PAYMENT above. Storage fees of $4 per day will apply to items which remain unpaid beginning on the normal shipment date. A service charge of 2% per month shall apply to all balances owed by a NPB beginning after the date such NPB’s payments were due under PAYMENT above. Anytime following 30 days after sale, SA, at its sole option, may convert the unpaid transaction with the NPB to an authorized return and instead bill the NPB the specified restocking fee. Any such restocking fee will then, itself become fully collectible from the Bidder under all of the relevant provisions of these General Terms and Conditions. Payment of any restocking fee does not give the NPB the right to receive auction items.
All sales are final, no lots are sold on approval; placing a bid is a legally binding obligation. There are no returns or exchanges. All lots are sold as is, where is, with all the faults, imperfections, omissions and errors in the written description, estimates, appraisals, graphics and photography. SA is not responsible for any errors or omissions in the description, graphics or photography provided or in the bidding software. Due diligence to verify the condition and description of a lot is the sole responsibility of the Bidder prior to placing any bid. Returns may only be made with the advance written authorization of SA and are in SA’s sole discretion to approve. To request a return you must provide a written request fully explaining the basis for the return no later than 4 days after your receipt of the lot. Under no circumstances will any amounts other than the winning bid amount be refunded. A restocking charge of 20% of the full invoice amount may apply in SA's sole discretion. Any allowed returns must be received in exactly the same condition as when originally shipped to Buyer, or they will be returned to buyer at Buyer’s cost. Any unauthorized returns will be refused. DELIVERY REFUSAL OF ITEMS SHIPPED BY WAR TO THE BIDDER CONSTITUTES AN UNAUTHORIZED RETURN IN DIRECT VIOLATION OF THESE GENERAL TERMS AND CONDITIONS.
If any dispute occurs between Buyer and SA that cannot be resolved, then the parties agree to the rules, regulations and procedures of the dispute resolution described herein and agree to the following procedures for resolution of the dispute: If either party alleges that the other party is in default under this agreement, then the dispute or allegation shall be submitted to binding arbitration in the State of Texas. SA shall select a neutral arbitrator. The arbitration process shall be initiated by either party requesting arbitration which must be served upon the other party by certified mail. Failure to participate in the arbitration is a default. Each party shall simply present their case (limited to a maximum of one hour for each party) to the arbitrator. The parties agree and acknowledge that they are completely waiving their rights to have the dispute heard in a court of law. The parties agree that the arbitrator shall have complete jurisdiction over the dispute and can issue an award to the prevailing party. Arbitration fees shall be paid by the party not prevailing in the dispute or as seen fit by the arbitrator. Any award determined by the arbitrator shall be binding and the prevailing party shall be awarded full reimbursement of its actual paid fees in connection with the dispute.
By signing up to participate in a SA auction, Bidder specifically agrees to the dispute resolution specified in the foregoing paragraph as Bidder’s SOLE means to resolve any and all disputes which may arise with SA. By doing so Bidder specifically agrees that Bidder will not file a dispute of any kind with an online venue, a credit card, or any other third parties. Bidder specifically waives the right to initiating a credit card chargeback dispute on any basis of claim and agrees that Bidder will pay SA a minimum of $400 plus hourly charges and costs for any such chargeback dispute opened, due to the severe administrative burden of such disputes and their direct violation of the dispute provisions above. In the event that Bidder violates this dispute resolution provisions, in consideration of SA’s approval of the application of the Bidder to bid in SA’s auction, Bidder confesses judgement to fraud having been committed by Bidder against SA and further agrees that Bidder is liable to SA for all damages, losses and costs, including time charges, resulting.
LIMITATION OF LIABILITY
In no event shall SA's liability for any breach, or act or omission exceed the purchase price actually paid by the Buyer, and in no event shall SA have any liability under any circumstances for special, indirect, incidental or consequential damages (including for loss of profits or revenue, costs of obtaining alternative property, claims of customers of Buyer or otherwise), whether in contract, tort, negligence, strict liability, or otherwise, arising out of, resulting from or in any way relating to the lot or its purchase, sale, delivery or non-delivery, or the acts or omissions of SA or SA's agents, representatives, officers, directors, stockholders, members, managers, employees, consultants or affiliates.
Bidder’s bid at all times represents an irrevocable offer by Bidder to enter into a binding contract to purchase the lot in accordance with the specific provisions of the listing and these general terms and conditions, as applicable, even if a higher bid was received by SA. In the event that any reserve price of a lot is not exceeded by any Bidder’s bid SA, in its sole discretion, with or without the knowledge of or notice to any Bidder, may reduce any reserve price to an amount below the bid of Bidder at any time during an auction and accept the bid made by Bidder. Reserve prices are always the confidential information of SA and are not disclosed to Bidder’s unless specifically stated as such during bidding. Nothing contained in any listing shall be construed to disclose any reserve price. In the placing of any bid the Bidder understands and agrees that the bid placed, once accepted by SA, will be the winning bid if there is no higher bid by another bidder and if any reserve or reduced reserve on the lot is exceeded. All bids are binding, irrevocable and non-cancelable by Bidder.
There are no provisions for the placing of bids to "mark the lot" or to "test the system", etc. and any requests to cancel bids on these bases, or due to a Bidder not reading a listing, not being familiar with the bidding platform, not doing proper due diligence or failing to maintain proper control over Bidder’s bidding terminal, bidding by mistake and the like will be denied. Such requests to cancel bids are null and void and will not excuse Bidder from Bidder’s legal and contractual obligation to complete a transaction.
If you are the successful Bidder, you agree to pay the amount of your bid plus all applicable taxes and charges in the time and manner designated by the SA. Failure to make such payment shall be deemed to be a breach of these general terms and conditions, and, in addition to all other rights and remedies SA may have under applicable law, you will be charged a re-stocking fee on transactions. equal to (a) 20% of the amount of your invoice, plus $20; or (b) the cost associated with re-marketing and re-selling the lot, whichever is greater. Bidder is responsible for any and all costs associated with collection of amounts owing from the Bidder, until collected; and SA reserves the right to bill and collect any such costs from Bidder. Costs associated with collection may include, but are not limited to, time charges, incidental expenses, attorney fees and costs associated with the use of a collection agency. And, SA may direct the Bidder to pay any third-party collection assistance directly for their services.
The winning Bidder’s failure to complete the purchase in accordance with the terms provided herein and in the listing will cause the Bidder to be faced with all, or any combination of the following measures: elimination of all future bidding privileges on the hosting site; credit agency reporting; legal and/or collection action.
These terms and conditions and each listing contain all of the provisions applicable to the agreement between SA as seller and each Bidder. The provisions of these terms and conditions and of each listing supersede all other agreements, representations or understandings, whether prior or contemporaneous, oral or written, between the parties concerning that subject matter. These terms and conditions and provisions of each listing shall be binding on Buyer’s heirs, beneficiaries, executors, successors and assigns.
If any provision of these terms and conditions or of any listing be void, unlawful or unenforceable under applicable law, that provision shall be modified to the minimum extent possible to comply with applicable law, or if modification is not possible, deleted and severed from the remaining provisions. Any such modification, deletion or severing shall not affect the enforceability or validity of any of the remaining provisions.
Any assignment without SA's written authorization will be void.
These terms and conditions, the contents of any listing and the contractual relationship between SA and any Buyer shall be interpreted under and governed by the laws of the State of California
All property is sold “AS IS”, and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. SA may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall Sunshine Auctions 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.
Bidders who bid from off site and are not physically present understand and acknowledge that they may not be able to inspect an lot as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. SA shall endeavor to describe in detail each lot and any pertinent information about it. Sunshine Auctions 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 lot itself. Bidder agrees that everything is sold as is and that they may not return any lot they purchase.
Under no circumstances shall Bidder have any kind of claim against SA or anyone else if the internet service fails to work correctly before or during the live auction. SA 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 absentee bidding feature and leave their maximum bid before the auction begins. SA reserves the right to withdraw or re-catalog lots in any auction.