TERMS AND CONDITIONS
1) All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are the sole property of the Frances Center for Customized Employment, Inc, IRS #38-3862816 by virtue of the purchase of or the donation to FCCE of such items. It is the sole right of FCCE, as with all 501c3 organizations, to exercise sole discretion as to the use, sale or gifting/donation of all items donated to or purchased by FCCE as it is determined best serves the mission of the organization. Such decisions are made on behalf of FCCE by its Registered Agent who has agreed to practice good stewardship and solid sales ethics in these decisions by the acceptance of the FCCE Board appointed role of Registered Agent, the role which carries with it the written approval of the FCCE Board over all fiscal obligations, responsibilities and dispersal thereof. Furthermore, it is the responsibility of FCCE and its Registered Agent to be equally subject, along with any and all registered buyers of any sale, to the following Terms and Conditions of Sale, which, combined with each Auction's specific terms as posted in materials and on the web, make up the Complete Terms and Conditions of Sale.
2) All items are being sold As-Is with no warranty. Frances Center for Customized Employment, Inc (FCCE), Makers Market (MM), their employees, agents, volunteers, and any persons acting on their behalf shall not be responsible for the correct description, authenticity, genuineness of, or defect in any lot, and makes no warranty in connection therewith. On-site inspection of items being sold is recommended. FCCE makes every effort to provide accurate information about the items being sold. However, neither FCCE OR MM will assume responsibility for Buyer's bidding errors. It is Buyers' full responsibility to confirm the accuracy of items offered for sale. Buyers are recommended to inspect all items. Descriptions and photos are offered as a guide only. Do not rely solely on photos to make buying decisions, be sure to read descriptions, and ask questions if you are unclear. FCCE shall not be held responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an item, please bid accordingly.
2a). Bidder understands and agrees that this agreement and all rights of the parties there-under, shall be governed by the laws of the County of Surry, State of North Carolina and any action brought by either party shall be brought in the Courts of the State of NC. In the event, that for any reason, the forum is deemed to be sufficiently inconvenient or the agreement on the forum selection is unenforceable it is still the intention of the parties that the Laws of the State of NC govern the parties agreement and their rights attended thereto.
3) ALL SALES ARE FINAL. A successful bid at auction, whether live or online, constitutes a legally binding contract of sale. All sales are final. There will be no refunds, returns or exchanges.
4) Absence of Warranties. The condition of the items being offered varies. The Buyer understands and agrees: (1) that any description or sample of the items given or furnished by FCCE is solely for identification, and does not create any warranty expressed or implied, that the item actually conforms to such description or sample, (2) that Buyer or agent on Buyer's behalf has inspected or has had the opportunity to inspect, all of the items upon which Buyer will be bidding and/or does purchase, (3) that all items are purchased and accepted by Buyer "AS IS", "WHERE IS" and "WITH ALL FAULTS". FCCE MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED AS TO QUALITY, AUTHENTICITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased, Buyer must make all claims thereunder directly with the provider of the warranty. No statement or statements of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
5) Bidder's Number. The bidder's number is nontransferable. All bids, online or in-house, made using the bid number will be the responsibility of the Buyer.
6) Failure to Remove Purchases. In the event items are not removed within two (2) business days after the auction(s) end OR freight/large items shipping information has not been received within two (2) business days after the full payment of the item(s), the items purchased shall be deemed abandoned and Buyer will lose any right, title, or interest Buyer may have acquired and the items shall revert and repossess to FCCE without further notice to Buyer. FCCE shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and costs incurred by FCCE to enforce Buyer's obligations hereunder.
7) Buyer's Premium. Online, in-house, in-person and left bid buyer's premium is 5% for our inaugural sales. After that time, the Buyer's Premium will move to its permanent 10%.
8) Payment: By agreeing to our terms and conditions you agree to pay for all won items within 48 hrs. of close of sale. We accept cash or good local check. We do not process cards, credit or debit, at this time, but rather use Venmo, Cashapp, or Paypal online payment services. Please provide your ID information for the payment service you wish with your bidder registration. You will receive a Request for Payment via said service upon close of sale. Upon request, we will provide you with our information for your chosen provider and will send you a request for payment via the chosen service.
9) NONPAYMENT. You will have 48 hours after close of sale to respond to the Request for Payment with your chosen online payment service or pay in person with cash or good local check. If payment has not been successfully received within 48 hours or arrangements been made via text (336-926-5536) or email (firstname.lastname@example.org), you will no longer be authorized to bid at FCCE sales, both in person and online and negative feedback left.
10) Verbal/written "cancellations". FCCE does not recognize or accept cancellations for any item for any reason won at auction. If the winning bidder decides to "cancel" an item it will be treated as a nonpayment. If a winning bidder decides to "cancel" an item after it has been paid for, there will be no refunds, no exceptions.
11) Personal Information. It is vital that your personal information (name, address, phone number, and email) are correct. We ship and contact using that information and if it not correct, delays will occur. FCCE is not responsible for or able to correct your information in the HiBid system and is not responsible for any delays or incorrect delivery of items due to incorrect personal information. Please contact the office if you would like to verify your information: 336-925-5536.
12) Shipping: Buyer to pay all shipping charges. Shipping will be added to the total cost of the item(s) (hammer price + buyer's premium + sales tax (if applicable). Our third-party shippers do not invoice but contact you directly via phone or email for payment processing. Please contact them directly with any shipping questions, claims, or quotes. We use The UPS Store for all our auctions. If you are unsure whether an item is eligible for shipping, please contact the office at 336-926-5536 BEFORE bidding on said item. The minimum shipping charge is $15.
13) Large, extremely fragile, freight shipping. All exceptionally large or irregularly shaped items will be packaged through UPS Packing and shipped via UPS. Furniture, large signs, or extra large pieces may require freight (anything over 110lbs packaged). It is the responsibility of the buyer to coordinate and pay for all shipping. Please contact us prior to bidding with any shipping questions. Any buyer who fails to provide this information will fall under: Failure to Remove Items.
14) Non-Payment of Shipping. If the buyer refuses or does not wish to pay for shipping or will not pick up the winning items, FCCE will not refund the purchase for any reason. If buyer has not made shipping arrangements within five (5) days, the items will be deemed abandoned and become the sole property of FCCE.
15) State Taxes: NC State Revenue law requires 501c3 organizations to collect and remit sales tax on items sold to non-tax exempt buyers and to record and report all items sold to tax-exempt organizations. Therefore, NC sales tax of 7.00% must be paid on all items unless a NC Sales and Use Exemption is on file with FCCE prior to paying for your items. If you are sales tax exempt, please bring a copy of your exemption form for us to keep with our records. Please contact our office with any questions, 336-926-5536.