Auction Terms & Conditions Terms and Conditions
You must Read These Thumb Online Auction Terms and Conditions Carefully.
These Terms may be updated by us from time to time without notice to You. You can review the most current version of the Terms at any time www.thumbbid.com. This Agreement was last revised on June 2nd, 2021. If you have any questions regarding this Agreement, please contact 877-369-1188.
AGREEMENT TO TERMS: Access and use of any online auction site of Thumb Online Auction LLC is subject to all specific terms and conditions set forth on any individual page within the site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Thumb Online Auction, LLC reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes.
By using the website you agree to standards of conduct and obligation: By using this site you are entering into and agreeing to provide complete and accurate information without errors and omissions. If you notice or find errors in your said information you will notify website administrator immediately. You will also be prompted to enter a valid email address which will immediately be sent an email link requiring verification.
When you visit our website thumbbid.com or send us emails or text messages you are communicating with us electronically. You consent to receive communicate with us electronically. We will communicate with you by email, text message, or Facebook message. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. Property Listed for sale, Content Functions, Materials, Services And Information Made Available on or Accessed through the Services or The Faults And Without Representations or warranties of any kind whatsoever, express or implied, Including Without Limitation, Non Infringement, Merchant ability or fitness for a particular purpose. Thumb Online Auction Does Not Warrant The Compliance of Property of Hazardous Materials or Lack Thereof. Thumb Online Auction
REGISTRATION: All Bidders must be 18 years of age or older. Thumb Online Auction, LLC at its sole discretion, may deny registration to any person or entity. Only registered bidders are allowed to participate in an auction.
BUYER'S PREMIUM: A BUYER'S PREMIUM and/or Processing Fee on Auction Items sold. The fees will be applied to All Wining Bids and will be added to the invoice at auction close. Processing fee is an additional charge for which the buyer is responsible, it is a fixed percentage of the final selling price. All fees, including Buyers Premium, must be paid to prior to releasing any Auction Items for pick and transport.
PAYMENT and Payment Period: Buyer will receive an invoice via email after the close of the auction. The payment period for all auctions shall be determined by Thumb Online Auction and will be posted in the auction specific page terms and on Item details pages. Full payment from the winning bidder in the amount of the auction closing price, full payment may include applicable Buyer’s Premiums and sales tax, shipping fees, processing fees must be posted to a secure payment account designated by Thumb Online Auction. Payment for purchases must be made by cash, cashier's check or money order, credit card, unless otherwise noted in the specific auction's terms and conditions. When payment period ends if not designated for items to be picked up or shipped, Items will be automaticly shipped and card on file will be charged with shipping charges and all other charges.
Buyer Default: If the Payment period has ended, the buyer does not make full payment in accordance with the set forth above, the Buyer is considered in default and their Auction Item(s) will be relisted in an Online Auction and a 15% relisting fee (which You agree is a reasonable estimate of the minimum damages incurred by Thumb Online Auction. And you also need to see the paragraph below because A buyer default also includes a Suspension and possible Permanent Ban.
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number. General use provisions Thumb Online Auction and or Affiliates in it’s sole discretion may ban from further use any buyer or seller which auction company believes to have misrepresented itself or any items selling, failing to abide by terms, or conduct any improper auction behavior determined solely by Auction Company.
Any seller who misrepresents their items in any and buyer who in probably fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions. The balance will be due within ten business days and prior to removal, payable by a cashiers check, cash, credit card, or wire transfer.
SHIPPING AND HANDLING FEES: All Shipping and Handling Fees will be calculated on approval of the winning bids. And Bidders will be held accountable for all shipping charges and other fees associated with Shipping. (Shipping and Handling and Supplies to ship) This is and will be a mandatory fee when shipping is requested. On 100 dollars or less, there will be a 5.00 dollar charge to be added to the delivery fees. On 100 dollars or more, there will be a 10.00 dollar charge to be added to the delivery fees. Application of Shipping Fees are below in the highlighted box!
Estimates Below are just estimates… Prices will vary!
Estimated Domestic Shipping Cost*
TBD – Contact For Information
Books, Magazines, & Papers
$7 - $14
Clothing & Accessories
$4 - $7
Coins, Medals, & Paper Money
$1 - $3
Flat Art – Framed
$12 - $50
Flat Art – No Frame
$7 - $15
TBD – Contact For Information
$20 - $80
Jewelry & Watches
$6 - $10
$30 - $100
Other (fragile and oversize items, etc.)
TBD – Contact For Information
Shipping Cont-: We will handle shipping items of any size. Within three days of the end of the auction we need to know your intent to pick up or to have your items shipped. Additional fees will be applied and are the responsibility of the buyer; fees are but not limited to crating, packing, permits, transportation, and cleaning. If the person picking up the item is different than the registered buyer; the registered buyer must establish that the person or company is an authorized agent picking up the item. By completing an authorized agent release form. Buyers may not transport Auction Items until full payment(including any applicable sales tax and Buyers Premium) has been received posted to a secure payment account designated by Thumb Online Auction.
SALES TAX: All sales are subject to MI Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase.
ITEM DESCRIPTIONS/ Condition: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Thumb Online Auction, LLC concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms Thumb Online Auction, LLC and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Thumb Online Auction, LLC or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Thumb Online Auction, LLC does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. Use of this site is at your own risk.
WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. Thumb Online Auction, LLC and the Owner/Seller reserve the right to do so at any time before or during the sale. Sellers or their agents reserve the right to bid on their own behalf to protect their investment. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
REMOVAL: Merchandise becomes the full responsibility of Buyer at the close of auction, and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis. THERE ARE NO EXCEPTIONS TO REMOVAL DEADLINES!! Items remaining after removal deadline will be considered as abandoned, and ownership will revert to Seller, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale. Auction sites are potentially hazardous places. Anyone entering an auction site does so at their own risk. Bidders will advise their employees etc. to use caution while entering a potentially hazardous work environment. Warning is extended to parties disconnecting or removing equipment from the site. Bidders and associates involved in preview, sale, and removal at this auction are liable for all risk of injury, damage or property loss. Thumb Online Auction, LLC and the seller are free from any liability.
ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item or lot has been removed from the sale premises, or after the removal deadline whether or not the property has been removed. Thumb Online Auction, LLC reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale.
Full Release DISPUTE BETWEEN BIDDERS or Buyer and Seller: Thumb Online Auction is not a party to any transaction or the auction items. Thumb Online Auction, LLC is only the auction house. Thumb Online Auction has no control over the Sellers, Buyers or any other aspect of the transactions. From time to time Thumb Online Auction may have title to or possess Auction Items listed on the website; nevertheless, Thumb Online Auction is not a party to any transactions related to such item. The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, Thumb Online Auction, LLC reserves the right to reopen bidding. Thumb Online Auction, LLC designation of the Buyer shall be final.
Due Diligence: is the responsibility of the bidder /buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder’s failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the pricing, or how to bid; If You Are in any way unsure as to any matter herein, Thumb Online Auction, LLC Urges you Not to Bid.
INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Thumb Online Auction, LLC and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
CONSENT TO SUIT IN MICHIGAN: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Michigan. Buyer also agrees that venue shall be in Sanilac County, Michigan and that the laws of the State of Michigan shall govern this Agreement and the parties' transaction hereunder.
TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Thumb Online Auction, LLC until terminated by Thumb Online Auction, LLC. Thumb Online Auction, LLC may terminate this agreement at any time, without notice, in Thumb Online Auction, LLC sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction site. Thumb Online Auction, LLC reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty.
INTERRUPTION OF SERVICE: Thumb Online Auction, LLC cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Thumb Online Auction, LLC in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Thumb Online Auction, LLC is final.
PRIVACY: Thumb Online Auction, LLC gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Thumb Online Auction, LLC does not sell or rent this information. Thumb Online Auction, LLC uses email mailing lists to notify its customers about online, live auctions and items.
BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated your bid. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
MAX BIDS: As a Bidder, you may enter a number amount higher than the bid required and your bid will not increase until another bidder bids on the item or if another bidder already has a higher max bid submitted. Max Bids are not disclosed. Bids can always be increased, whether the maximum is current or not. You may enter your max bid and the computer will do the rest using only what is needed. (Example: Just because you bid $25, $45, $100 etc. it doesn’t mean you pay that. You could get the item for whatever the current amount is as long as someone else doesn’t bid on the item.)
BID REJECTION AND RESERVES: Thumb Online Auction reserves the right to reject any and all bids if they so choose. Here at Thumb Online Auction we ask to be notified before the auction of reserves for the purpose of reason-ability of it being reached. If we feel it is too high of an amount, we will not try to sell it. Any online announcement made by Thumb Online Auction the day the bidding ends takes precedence over any printed previous notices and website notices.
Limitation of Liability: In No Event Shall Thumb Online Auction Nor Sellers Be Liable for any Damages of any kind arising from (a) any Injury to any person or Property caused by the Equipment or (B) Defects in such Equipment on any Theory of Liability Including without limitation Product Liability Except Only in the Case of Personal Injury Where and to the Extent that Applicable Law Requires Such Liability, In addition, IN No Event Shall Thumb Online Auction or Seller be Liable for any Special, Incidental or Consequential Damages That Are Directly Or Indirectly Related to the Use of, or the The inability to the use, The service, The site or its content including without limitation the inspection Report and Materials and Functions Related thereto, including without Limitation, Loss of Revenue or anticipated profits or lost business or lost sales, even if Thumb Online Auction or Authorized Representative Thereof Has Been Advised of the possibility of such Damages. Some jurisdictions Do Not Allow The Limitation or Exclusion of Liability for Incidental or Consequential Damages so some of the above Limitations May not apply to certain certain users. In no Event shall the total Liability of Thumb Online Auction to you for all for all damages loses and causes of action.(Whether IN Contract OR Tort, Including But Not Limited TO, Negligence, Product Liability OR Otherwise) Arising from this Agreement OR Your Use Of The Website And The Service Exceed, In The Aggregate, $100,00. The Foregoing Limitation Shall Apply And Survive Not Withstanding Any Failure Of Essential Purpose OF Any Remedy.
Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS","AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Thumb ONLINE AUCTIONS DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF. Thumb ONLINE AUCTIONS DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Thumb ONLINE AUCTION MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. Thumb ONLINE AUCTION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Thumb ONLINE AUCTION OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. Thumb ONLINE AUCTION EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER.
Without limiting the foregoing, Thumb Online Auction shall not be liable for any act done or omitted under this Agreement while acting in good faith and in the exercise of reasonable judgment. Thumb Online Auction is authorized to comply with and obey orders, awards, judgments or decrees of any court of law or arbitration tribunal, notwithstanding any notices, warnings or other communications from any party or any other person to the contrary. In case Thumb Online Auction obeys or complies with any such order, judgment or decree of any court or arbitration tribunal, Thumb Online Auction shall not be liable to any of the parties hereto or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction. Thumb Online Auction shall not incur any such liability for any action taken or omitted in reliance upon any instrument, including any electronic transmission (such as an email) written statement or affidavit that Thumb Online Auction shall in good faith believe to be genuine, nor will Thumb Online Auction be liable or responsible if acting in good faith for forgeries, fraud, impersonations, or determining the scope of any representative authority.
Sellers Commission Rates/ Per Lot:
Sellers Commission = 20%
Listing fees on items above $10 = $2/item
* Multiple items selling together as ‘one item’ are considered one “Lot”.
Whithin this Auction, we have weapons that are and will be sold to the highest bidder (as long as it hits the reserve bid). You will have to make sure whether you are legal to buy or own a gun/weapon that you bid on within your state and local laws. Whomever/whoever wins the bids for the guns/weapons will be charged the fees upon closing of the auction. You will also have to email us upon finding the win, whom we will have to deal with to send the guns/weapons with an up-to-date FFL license/business that can conduct the neccesary back-ground check the winner may need to actually own/take home the gun/weapon. You as the buyer are solely acountable for anything that happens after the lot is won in a bid. You are still obligated to pay for said lot at the close of the auction. And all shipping and handling fees will apply upon request of shipping, and will be charged again at that time. All items will be bought and sold from and through J & C Thumb Gunnery. And there will be a reserve price of $50 dollars per item if the funds must be returned due to reasons on the side of the purchaser. All purchases for any of the guns/weapons will be made available through J & C Thumb Gunnery.
Seller User Terms
Bidder User Terms