TERMS OF SERVICE
Registration is required to become a user of the Foreclosure and Bankruptcy Auctions Website. Once you are a registered user of “FBA Auctions” you legally accept and agree to be bound by the terms and conditions as described below. These terms may be updated occasionally without prior notice. You have the right to browse the site without registering but to see and participate in the bidding you must register which is free of charge.
REGISTRATION
To register you must be at least 18 years old. Each user agrees to provide current, complete, and accurate contact information, including name, address, phone number, and email address. User agrees to update this information upon change. All PO Boxes must include the street address. Foreclosure and Bankruptcy Auctions reserves the right to validate these accounts via email and/or telephone. If contact information is incomplete, false, or inaccurate, Foreclosure and Bankruptcy Auctions may suspend or terminate the account. Providing false or fraudulent information is a violation of these Terms of Services and could subject a user to criminal or civil liability. FBA Auctions is a private entity and reserves the right to deny access at its sole discretion for any reason whatsoever. By checking the box in the registration that you accept the terms and agreement, you are accepting a legal contract between you and Foreclosure Bankruptcy Auctions. Your bid is also your agreement. NOTE: This site is open to U.S. and Canadian residents only.
MERCHANDISE
All items are sold on a strictly “as is” basis. Purchaser hereby assumes all risks concerning related to the grading, quality, description, condition, authenticity, and provenance of a lot. Questions regarding the merchandise are welcomed. Only bid on items that you are satisfied with their descriptions. All items and photos are thought to be accurate. Coins: grades and certificates are from an outside grading service, which are subject to various interpretations. FBA Auctions is not a coin grading authority therefore will not void any sale do to a difference in interpretation. Jewelry and watches are said to be as described and genuine. Exact weights, sizes, measurements, quality, and estimated auction value are not guaranteed. Certificates come from an outside source and are for informational purposes and can vary in interpretations and estimates. Art items are guaranteed as to artist, signature, and medium. Exact measurements, conditions, and estimated value are not guaranteed. Certificates of authenticity are provided for informational purposes only. A sale cannot be voided because of various interpretations of value of an item.
BIDDING
Items are listed on the Site for a specified period of time and are deemed sold at the close of bidding set at a time pre-determined by Foreclosure and Bankruptcy Auctions. Once bidding begins, Bidders may make a bid at any time prior to closing of the bidding. Bidders are required to conduct their own research on items prior to bidding. We recommend that any user not satisfied with description of item not to bid on said item. Bidding enters user into a legally binding contract. All items will have a minimum starting bid price disclosed on the Site. For certain items, the Seller may impose a reserve price, which is not disclosed on the Site. Foreclosure and Bankruptcy Auctions reserves the right to bid on its own behalf or on behalf of the consignor up to the reserve amount on any item. If there are no bids above the minimum bid or reserve price (whichever is higher), then the Seller is not obligated to sell the Asset. After bidding closes on each Asset, Foreclosure and Bankruptcy Auctions will send a confirmation email to the winning bidder. The member will also be able to access his winning bids by logging onto the site and clicking the “My Account” tab.
FRAUDULENT BIDDING
Bidding on any item in FBA Auctions without the intent to pay all charges associated with the item is considered fraudulent. This type of bidding is not allowed and is considered to be in violation of terms of FBA Auctions and will be subject to civil and criminal penalties.
GUARANTEE AND RETURN POLICY
All items are sold as is where is. A limited guarantee is offered with regards to the following: all hand signatures are guaranteed authentic, all stones and metals are guaranteed to be authentic, all watch makes are guaranteed; aftermarket parts are assumed to be used in watches unless otherwise noted. Weight, size, estimated value, origin, quality, age, condition, rarity, and importance, are not guaranteed for any item. All sales are final unless a gross error on description has been made. Any disputes must be made within ten days of receiving the item. If Foreclosure and Bankruptcy Auctions agrees to the dispute, the winning bidder will receive a return authorization number which must be included on the shipping receipt. Any packages sent without a return authorization number posted on receipt will NOT be accepted by Foreclosure and Bankruptcy Auctions.
SETTLEMENT OF TRANSACTIONS GENERALLY
Settlement must be made within 2 days of the auction closing. Users may login to their account and use the “My Account” tab to view invoices for winning bids. Secure payment can be made from this page using Visa, MasterCard, Discover, or American Express. Winning bidders may also elect to contact customer support to pay via telephone, request a PayPal invoice, or make arrangements to send a cashier’s check. The winning bidder is responsible for paying the invoice in full, including the final bid amount, plus buyer’s premium, shipping and handling fee, and any applicable taxes. Any invoices not paid within two days of the auction closing will be considered past due. Foreclosure and Bankruptcy Auctions at its sole discretion may choose to forward said account to the Collections department or re-offer the item for sale.
SHIPMENT
Once full payment is received, FBA Auctions will ship the item(s) to the shipping address indicated during the registration process. ALL PO BOXES need a street address. If user would like to have the items shipped to a different address, further written documentation will be required. Most items will be shipped within 10 business days of payment, unless otherwise noted. Larger merchandise may take longer than usual. Shipping and handling costs are noted in the description of each item. This fee includes shipping, handling, materials, labor and insurance coverage.
PRIVACY
All information given to FBA Auctions for the registration and all credit card information will be kept private.
GENERAL
FBA Auctions reserves the right to withdraw property from the sale for any reason and with no liability whatsoever for such withdrawal which could take place at any time, including prior to, during, or after an auction. If the item is withdrawn after payment has been received, a full refund of all monies paid will be issued to the bidder.
FORECLOSURE AND BANKRUPTCY AUCTIONS, NOR ITS AFFILIATES, SHALL BE LIABLE REGARDLESS OF CAUSE OR DURATION, FOR ANY ERRORS OR INACCURACIES POSTED ON THIS SITE. NOR SHALL IT BE LIABLE FOR INABILITY TO USE THIS SITE. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES.
FBA AUCTIONS IS ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, INTERRUPTION, ERROR, OMISSION, DELETION, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR UNAUTHORIZED ACCESS.
IN NO EVENT WILL FBA AUCTIONS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE FBA AUCTIONS WEBSITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE FBA AUCTIONS WEBSITE.
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