Terms and Conditions - ALL SALES ARE FINAL - THERE IS NO BID REVERSALS OR REFUNDS. ITEMS ARE NOT AUTHENTICATED AN/OR GUARANTEED. IT IS THE RESPONSIBILITY OF THE BIDDER TO BID WITH DISCRETION. ALL CREDIT CARDS WILL BE CHARGED AT NOON THE BUSINESS DAY FOLLOWING THE AUCTION CLOSE.
Our best efforts are made to represent all items accurately in descriptions and photographs; however, all items are ultimately sold on an 'as is, where is' basis, with all faults. We strongly encourage all bidders to personally verify the condition of each item before bidding and bid with discretion.
To be able to participate in this Auction REGISTRATION & IDENTIFICATION: At the time of registration, we collect information about you to verify who you are before you can bid. We collect credit card information to ensure that you are a qualified buyer. All bidders must be of legal age to bid. In the event that you are not comfortable (or can't ie. no credit card) with registering online you may enter bids in person at our facility. Bids must be in writing and are legally binding just the same. We will upload bids on your behalf in this scenario.
PAYING FOR YOUR PURCHASES: There is no cost to register for an auction (Up to $1 may be charged to validate your card by Auctionflex the first time you register). Your credit card will not be charged unless you win and do not pay within the pick up period. When an auction closes, if you are the winner, you must attend during the allotted Pick up time frame where you may pay cash, Visa, Mastercard, American Express or Debit or by E-Transfer upon request. We will charge your credit card with the winning bid amount, plus applicable Buyer's Premium and taxes, HANDLING FEE OF $5.00 and taxes per Invoice and the first days storage fee as stated in terms of auction. If you require shipping an additional handling fee will be added to your shipping invoice. If your purchases exceed your credit card limit, your card will be charged a deposit up to its maximum with the balance due in 24 hours from auction close either in person at our facility or by wire transfer.
REVIEWING YOUR BIDS: During an auction you can check the status of your bids at anytime. Note that no bids can be withdrawn after the auction for any reason. All items are sold as is, where is, with all faults with no guarantees that any item is fit for a particular use. Descriptions are of opinion only and will be done as accurately as our immediate knowledge permits, but not to be deemed laudable. We strongly recommend attending the previews if available on any and all auctions. All bids are legally binding and enforceable in Ontario, Canada.
BIDDING NOTIFICATIONS: You can choose to be notified by e-mail during the auction if you have been outbid. Please note that outbid notifications are NOT sent out during the last two hours of the sale. REMOVAL : All items are sold in place. Buyers are responsible to remove items in a good workmanlike manner. Any plumbing must be shut off before being disconnected and any electrical that is disconnected must be capped. You must bring any and all tools, equipment and labour required to disconnect and remove any items you purchase. We will only have security on site that will not assist in any way with removal. Please plan ahead and come prepared. Any items not removed by the times shown will be deemed abandoned regardless of the price.
WINNING NOTIFICATION & INVOICING: All winning bidders will receive an e-mail invoice within 24 hours of the auction closing.
PICKUPS & REMOVALS: Dates and times for pickup will be posted on our website. Do not bid if you are unable to have your items picked up during the allotted pick up times. Any item not picked up during the posted pickup times will be considered an abandoned item. Late pick-ups will be charged $10.00 per day one week after the auction closes.. If you require shipping, please contact us ensuing the auction close to solidify arrangements. Items are sold as is, where is, with all faults. If you abandon an item, your credit card will be charged for the purchase price of the item plus the cost to remove, transport and dispose the item.
CONDITIONS OF ITEMS SOLD & OUR ONLINE CATALOGUE: Our best efforts are made to represent all items accurately in descriptions and photographs; however, all items are ultimately sold on an 'as is, where is' basis, with all faults. We strongly encourage all bidders to personally verify the condition of each item during the scheduled preview times. We do not authenticate signatures on celebrity or sports memorabilia. No responsibility is assumed by 1285 Auctions or the seller for any errors or omissions. Jewelry appraisals are always an insurance value replacement and are for informational purposes only. Values of any items are typically MSRP which is a manufacturer's suggested retail price, some items sell in the market for significantly below the MSRP. CLAIMS: No claims regarding goods purchased will be allowed. Bidders are reminded that all goods are sold on an 'as is, where is' basis, with all faults.
RISK TO PERSON AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH. Please take care of yourself and your items as you have released us from liability. We will not be liable for damage or injury to individuals or their property.
ADDITIONS & DELETIONS: We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction.
BUYERS: The BUYER expressly agrees to indemnify and save 1285 Auctions., the Seller 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 1285 Auctions., or anyone acting in his/her behalf in connection with or arising out of auction. All bidders/buyers must be of legal age.
RESERVE: Seldom are items sold with Reserve. If an item is being sold with a reserve, it will be clearly marked and identified. For items sold with a 'reserve', you will be required to pay a minimum amount in order to win the item.
AUCTION RECORDS: In the unlikely event of a dispute, you agree to accept as true the information that we have in our records.
SOFT CLOSE: Items close at regular intervals. To prevent a bidder from 'sniping', all bids made in the last minute of the auction will force an item to stay open for an additional 4 minutes. This will continue until all bidding has ceased.
STRATEGY: Bidding is similar to Ebay type auctions, we recommend that ALL BIDDERS put in their maximum bid when placing a bid online. This does not mean you will have to pay the amount you bid; you only pay one bid more than the next highest bid, and only up to your maximum bid. The software system will play out the bids as you would at a live auction and only uses the funds required to beat out the underbidder at the prescribed bid increment.
CATALOGUE ERRORS & OMISSIONS: If a description does not match a picture in a lot, the description takes precedence. All items are sold on an 'as is, where is' basis, with all faults. In the event an item was listed in error or an item can't be located during pick up for any reason, the bidder agrees that their maximum recourse is a full refund of the item in question and that all other items bid on remain binding. By bidding you are acknowledging agreement with the terms above.Do not bid unless you agree to all of these terms.
DISCLAIMER OF WARRANTIES: WE DISCLAIM ALL WARRANTIES RELATING TO THE ITEMS FOR SALE, WHETHER ARISING UNDER STATUTE, OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states prohibit the disclaimer of implied warranties in consumer sales, so part of the preceding disclaimer may not apply to you. WE DO NOT WARRANT THAT OUR ONLINE BIDDING SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS IN SOFTWARE OR ONLINE CONTENT WILL BE CORRECTED.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR INABILITY TO USE OUR SERVICE OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING OUR SERVICE. Some states prohibit the exclusion of special, incidental or consequential damages, so part of the preceding limitation may not apply to you. TO THE EXTENT THAT WE ARE HELD LIABLE TO YOU, OUR AGGREGATE LIABILITY FOR ANY EXPENSES, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICE WILL NOT EXCEED THE AMOUNT PAID (OR PAYABLE) BY YOU TO US UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US.