Auction Terms & Conditions
Terms & Conditions
Before a bid can be placed, all Bidders must first complete the "Buyer Registration" form. All submitted information must be accurate and current, and it is the duty of the Bidder to keep his or her information updated whenever necessary. Registered credit cards will not be charged unless the registrant becomes the Buyer. All registered credit cards will be subject to a USD$1.00 fee to validate the card.
Upon registration, the Bidder warrants that they are of legal age in their country and have read and understood all of the following terms and conditions listed above and below, which apply to all auctions conducted by us and any Bidders/Buyers (herein referred to as "Participant" or "Participants") in said auctions.
We reserve the right to: cancel bids and/or restrict the use of our site; refuse service to anyone at any time; add or remove items at any point in the auction; revise descriptions of the items if a change needs to be made; ban users for violating our terms and conditions; hold items until the payment has been cleared; withdraw any item and to reoffer the item at another time; resell any items that have not been paid in full by the payment deadline.
We are not responsible for the misinterpretation of items and/or descriptions, if any, by the Participants; it is the Participants' responsibility to understand the item thoroughly before bidding. In any cases of dispute, the auctioneer's decision is final. All legal matters will be settled as per Ontario law and the Bidder/Buyer consents that the venue be located in Ontario, Canada.
All items are sold on an AS IS, WHERE IS basis, with all faults. We make every effort to represent all items clearly and accurately in photographs and descriptions and will indicate any major defects on an item.
The starting bid represents the intrinsic value of gold, silver & gemstones and is below manufacturing cost and is approximately 10% of the retail value.
Some photos may vary slightly in size colour and design. In the event that a picture and description do not match, the description takes precedence.
If we are prevented by fire, theft, or any other reason whatsoever from delivering and/or shipping items to the Buyer, our liability shall only be limited to the sum that was paid.
What Personal Information We Collect
Affordable Creations collects your personal information online when you voluntarily provide it to us. If you choose to register online, we ask you to provide limited personal information, such as your name, address, telephone number and/or email address for internal purposes.
We may use your personal information within Affordable Creations: (1) to provide you with the services and products you order; (2) to answer questions about our services; billing, payment methods or use of our website; (3) to process or collect payments for our services, (4) to contact you about the products and services that we offer.
SOFT CLOSE POLICY
In the event that a bid is placed on an item in the final minutes of an auction sale, the auction will automatically be extended for an additional 3 minutes to prevent 'auction sniping'. The extension will continue until all the bids have stopped.
CONDITION OF ITEMS
We take every effort to accurately describe all items offered in its sales, and guarantee the items for their metal content and gemstone(s). We do not provide warranty for labour. We have knowledgeable and qualified experts to provide accurate descriptions and suggested replacement values on the certificates we provide. Appraisals included with any item are for insurance purposes only. The value indicated is the appraiser's own opinion and only reflects its replacement cost. Most appraisals only indicate the Canadian value of the item. Appraisals cost approximately $50 and up for each copy.
***EFFECTIVE AUGUST 9TH, 2018: All items with an appraisal will be charged a fee of $7.50 USD each. This is to cover our cost for the appraisal. If the participant does not wish to pay this fee, the appraisal will not be sent with the item.*** for securing insurance for the particular item, and may not be retail or wholesale value. We are not responsible for valuation or description on the appraisals.
Returns are not accepted; ALL SALES ARE FINAL.
By placing a bid, the Participant has signified that the description of the item(s) in question is satisfactory and will not be entitled to make any objections after the sale.
We are so confident that you will really like our goods and the low prices. To boost your confidence more in our products we are extending our guarantee of buyback for any item at 90% of the sale price. The 10% charges which will be deducted are for restocking, relisting, credit card charges and various other expenses associated with the basic cost of doing a business. Shipping and handling will be the responsibility of the buyer.
International bidders are not subject to any tax in Canada. For customers in Canada, the winning bid will be converted from USD to CAD at applicable rate. HST at 13% is applicable will be applicable for shipments within Canada.
PAYMENT AND INVOICING
Invoices will be sent by email the next business 1-2 days and orders will be shipped within 5 business days after payment is received. All payments are accepted in US or CAD funds. Participant is responsible for keeping their credit card up to date and ensuring the necessary funds is available on their card. All invoices will have shipping charges unless informed in advance of pickup.
ATTENTION: INTERNATIONAL BIDDERS
International Buyers are responsible for paying all customs, duties, and taxes in their countries. We wish to mention that there is no duty on Canadian goods to be imported in the United States of America, New Zealand, Mexico, Australia, and other countries which have free trade agreement with Canada.
Standard shipping and handling: $10 USD
Free standard shipping and handling for total purchases over USD $100 USD
Free insured shipping (Via FedEx) for total purchases over $1000 USD
Insurance: $10 USD
Insured Overnight FedEx shipping within North America: $40 USD
Insured Overnight FedEx shipping outside North America: $60 USD
All items will be shipped to billing addresses. Please be sure to update addresses on payment methods.
We take our utmost care to prepare parcels for shipments, however, it is the sole responsibility of the buyer for damages during shipping without insurance.
The buyer expressly agrees to indemnify and save Affordable Creations and their assigns harmless from and against all claims, losses, expenses, damage or liability, directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of Affordable Creations, or anyone acting in his/her behalf in connection with or arising out of an auction. By bidding, you are acknowledging that you have read, understood, and are in agreement with the terms outlined above and that your bid is a binding contract.
I won some lots from your auction. When will my invoice be sent?
Invoices will be sent the next business 1-2 days (excluding weekends) following the close of the auction with payment instructions.
When will my items be shipped?
We will ship your items within 5 business days (excluding weekends) after payment is confirmed.
How do I register?
First time bidders should click on the New Bidder link on the right side of the page. Fill out all the required information in the registration form and click Submit. Once your account is set up, you must enter a valid credit card to be able to bid on items. For most auctions, this card will be billed upon the auction's close. Your card will be charged a $1.00 fee every six months for verification purposes. Please note that registrations will not be accepted without a valid credit card, address, and name.
How do I bid?
Select the auction you want to bid on. Scroll to the lot you wish to place a bid on and a new page will open asking you to confirm your bid. At this point, you may also enter a Maximum Bid which will guarantee you to pay the lowest bid possible to win the item.
What is a Starting Bid?
The starting bid represents the intrinsic value of gold, silver & gemstones and is below manufacturing cost and is approximately 10% of the retail value.
What is a Maximum Bid?
A maximum bid is the highest amount you are willing to pay for an item, but also ensures that you will only pay the lowest amount possible to win the item. For example, if you place a bid for $50 and place a maximum bid of $100, you are guaranteed to win the item for any amount between $50 to $100 unless someone bids higher than $100. However, you will pay only as much that is required to be the highest bidder.
What are the bid increments?
Bid increments are the amounts each bid will increase based on the current bid price. The higher value the item, the higher the bid increments.
What is MSRP?
MSRP stands for Manufacturer's Suggested Retail Price. We have 30 years of marketing silver and gold jewelry around the world including India, Thailand, Cambodia, USA, and Canada. Most of our gold jewelry is produced by us in Canada. With our experience we estimate manufacturing cost, gemological value of our products are guaranteed to be at least equal to or higher than the MSRP.
Will the sizes of the items fit my needs?
We provide a resizing service upon request. Please allow 2 weeks for resizing.
Rings can be resized for an additional $40.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.