Lot # : 7 - 2023 Stealth Bomber Pro e-bike

Auction Terms & Conditions These Terms and Conditions govern all online auctions conducted by Amber Door Estate Sales Inc. ("ADESI", "we", "us", or "our"). By registering to bid, placing a bid, or purchasing any item through our auctions, you ("Bidder", "Buyer", or "you") agree to be bound by these Terms and Conditions. These Terms set out your rights and obligations when participating in any auction held by Amber Door Estate Sales Inc. Please read them carefully before registering or placing a bid. 1. Registration and Identification 1.1 Registration Requirements " All bidders must register with ADESI before placing bids. " At the time of registration, we collect information about you to verify your identity before you can bid. " Credit card information is collected to ensure that you are a qualified buyer. " All bidders must be of legal age (18 years or older) to bid. " We may refuse or revoke registration on reasonable grounds, including suspected fraud, payment risk, or prior breaches of these Terms. 1.2 No Cost to Register " There is no cost to register for an auction. " Your credit card will not be charged unless you win an item. 1.3 Agency Disclosure " ADESI acts solely as an agent for the consignor(s) offering items for sale and does not take title to or ownership of the property. " "Consignor" means the person or entity that owns the property offered for sale through ADESI. " All sales are made directly between the Buyer and the consignor. " ADESI facilitates the transaction but is not a party to the sale contract between the Buyer and the consignor. 2. Bidding 2.1 All Bids Are Final " All bids are binding and irrevocable once submitted. " Bids must be placed in the increments specified on the auction platform. " You are responsible for monitoring your bids and ensuring they are submitted before the lot closes. " ADESI is not responsible for technical issues, internet connectivity problems, or platform errors that prevent you from placing bids. " If a platform outage affects auction closing, ADESI may extend or cancel the affected lots. " Server time (Eastern Time, ET) controls all countdowns, bid deadlines, and auction close events. 2.2 Winning Bids " The highest bidder at the close of bidding will be the winning bidder (the "Buyer"). " Successful bidders will be notified via email by the morning following the auction. 2.3 Reserve Prices " Some items may be subject to a reserve price (the minimum price the consignor will accept). " If bidding does not reach the reserve, ADESI may, but is not obligated to, negotiate a sale between the high bidder and the consignor. " Reserve status is not disclosed to bidders. 2.4 No House/Consignor Bidding " ADESI, its employees, agents, and consignors do not bid on their own lots and will not place bids that directly or indirectly influence the price of such lots. 3. Payment Currency: All amounts are in Canadian dollars (CAD) unless stated otherwise. 3.1 Automatic Charges " When an auction closes, if you are the winner, your credit card will be charged on the morning following the auction close for: o The winning bid amount (hammer price); plus o 18% Buyer's Premium; plus o 13% HST (Harmonized Sales Tax) on the hammer price and Buyer's Premium. 3.2 Payment Timeline " Your credit card will be charged on the morning following the auction close. " If the automatic charge is declined, you will have 24 hours after our email notice to pay by alternate method. Failure to pay permits ADESI to cancel the sale, resell the lot, suspend your account, and charge a default fee of 15% of the hammer price (minimum $25) to help cover handling and relisting. 3.3 Payment Disputes " Buyers must notify ADESI in writing of any payment dispute within 48 hours of receiving an invoice. " Unresolved disputes may be escalated through your payment provider, but misuse of chargebacks without cause may result in suspension of bidding privileges. " Nothing in these Terms limits any rights available to you under applicable card-network rules and law. ADESI may dispute unfounded chargebacks and suspend bidding privileges for abuse. 4. Pickup and Shipping 4.1 Pickup Times " Dates and times for pickup are posted on the auction details page. " All items must be picked up during the specified pickup times. " You are responsible for moving all items yourself or assigning a designated person or moving company. " ADESI staff will NOT be available to move or pack items. " You must bring boxes and necessary wrapping materials to pack your items. " We may require photo ID and the pickup code/email at pickup to confirm release. " We may photograph pickups and packaging for proof of condition, handoff, and chain-of-custody. 4.2 Abandoned Items " ADESI may resell, donate, recycle, or dispose of the items. 4.3 Shipping Arrangements " ADESI provides shipping and delivery for items marked "SHIPPING AVAILABLE" on each lot. " You can easily see this notation while bidding. " If you would like to request shipping or delivery, please: o Make a note to the auctioneer on the auction page; or o Send an email to amberdoorestatesales@outlook.com before the pickup date. 4.4 Shipping Fees and Processing " Packing fees: ADESI will charge a packing fee of $5-$25 per box. In some instances when many breakable items are won and require shipping, the packing fee may increase to a maximum of $100. " Fragile items: We may use a Pack & Ship service for professional packing and insurable transit. " Insurance: Included at the Buyer's cost. " Processing time: Shipping may take up to 14 days to send out. " Charge authorization: By requesting shipping or delivery, you authorize ADESI to charge your card on file for packing, applicable taxes, carrier charges, and any duties/tariffs/taxes as quoted or incurred. 4.5 Shipping Costs " Shipping from Canada to the USA is costly. A small envelope starts at $30. " Please consider shipping costs prior to bidding. " All shipping costs, packing fees, insurance, customs duties, tariffs, and taxes are the sole responsibility of the Buyer. 4.6 U.S. Tariffs and Customs " Import thresholds, duties, and taxes change over time. Buyers are responsible for all customs clearance, duties, and taxes applicable to their shipment. Where required, such amounts may be collected by the carrier or added to shipping charges. " You are solely responsible for compliance with all customs, import/export laws, duties, tariffs, and taxes in your jurisdiction. " ADESI makes no representations regarding the legality of importing items into your country. 4.7 Buyer's Responsibility " The Buyer is solely responsible for arranging pickup, transportation, and insurance of purchased items. " ADESI is not responsible for damage to items during pickup or transportation. 4.8 Risk of Loss During Shipping " Risk of loss transfers on handoff to the carrier. Once items leave our location, shipping is at your own risk. " We will package items in a commercially reasonable manner for transit. " For clarity, risk transfer is further described in the Title and Risk of Loss section below. 4.9 Items Without Shipping Available " ADESI will only ship items marked "SHIPPING AVAILABLE" on each lot. " For all other items, it is the Buyer's responsibility to make their own shipping or pickup arrangements. " Any items not picked up per the shipping and/or pickup instructions could be subject to storage or removal fees. 5. Item Descriptions and Condition 5.1 "As Is, Where Is", All Sales Final " All property is sold on an "AS IS" and "WHERE IS" basis. " ALL SALES ARE FINAL. " It is the Buyer's sole responsibility to inspect items before bidding. " Failure to inspect does not entitle the Buyer to a refund or return. " Notwithstanding the foregoing, nothing in these Terms limits any statutory rights that may apply under the Consumer Protection Act, 2002 (Ontario) or other applicable laws, which shall prevail in the event of a conflict. 5.2 Viewing and Preview " Property is open to viewing by appointment only, as set out in the auction details. " We strongly encourage all bidders to personally verify the condition of each item during the scheduled preview times. " We can organize previews via an interactive online service. " Please feel free to contact ADESI with any questions you may have regarding any lot. 5.3 No Representations or Warranties " ADESI attempts to describe the merchandise in each auction lot but makes no representations or warranties. ADESI uses AI for lot descriptions. " No responsibility is assumed by ADESI or the seller for any errors or omissions. " ADESI makes no representation or warranty as to the authenticity, attribution, age, origin, condition, quality, rarity, or value of any item. " ADESI does not test items, unless otherwise noted on the applicable lot. 5.4 Photographs and Descriptions " All lot descriptions, photographs, and condition reports are provided for guidance only and are not guaranteed to be accurate, complete, or error-free. " Photographs may not accurately depict colour, size, or condition. 5.5 Buyer's Due Diligence " It is the Bidder's responsibility to perform due diligence on any items they are bidding on. 6. Catalogue Errors and Omissions 6.1 Description Takes Precedence " If a description does not match a picture in a lot, the description takes precedence. 6.2 Changes During Sale " If there are changes to a specific item during a sale, it will be posted or removed on the website. 6.3 No Liability for Errors " ADESI is not liable for any errors, omissions, or inaccuracies in lot descriptions, photographs, or other auction materials. " If a material error is discovered after a sale, ADESI may, at its sole discretion, cancel the sale and refund the Buyer's payment, but shall have no further liability. 7. Claims and Returns 7.1 No Claims or Returns " All sales are final except for: (a) legal defects in title; or (b) material misdescription. Nothing here limits non-waivable statutory rights. " Bidders are reminded that all goods are sold on an "as is, where is" basis, with all faults. 7.2 Error Resolution " ADESI will do its best to resolve all legitimate disputes regarding material errors in lot descriptions. " ADESI's sole obligation, and the Buyer's exclusive remedy, is, at ADESI's option, rescission and refund upon return of the item in the condition delivered, or a reasonable price adjustment. 8. ADESI's Rights 8.1 Right to Withdraw Lots " ADESI may remove any lot or auction on reasonable grounds, including authenticity or attribution doubt, title dispute, safety risk, or material listing error. 8.2 Right to Refuse or Cancel Bids " ADESI may cancel or refuse a bid, withdraw a lot, or reject the highest bid on reasonable grounds, including suspected fraud, payment risk, legal or safety concerns, or material listing error. 9. Prohibited Conduct 9.1 Bidding Restrictions " Bidders may not interfere with the auction process, contact consignors directly, or solicit private sales outside of the auction. " Buyers agree not to circumvent the auction by approaching consignors to purchase consigned items outside the auction. ADESI may cancel related bids or sales. 9.2 Consequences " Violation of these prohibitions will result in immediate termination of bidding privileges, cancellation of all pending transactions, and potential legal action. 10. Title and Risk of Loss 10.1 Transfer of Title " Title to purchased items passes to the Buyer upon ADESI receiving cleared payment. " Until cleared payment is received, ADESI has a possessory lien over items in its custody for amounts owed. 10.2 Risk of Loss " Risk of loss or damage passes to the Buyer upon physical handoff to the Buyer or the Buyer's carrier. " Until handoff, ADESI will exercise reasonable care while items remain in our custody. 11. Privacy and Data Protection " ADESI collects, uses, and discloses personal information in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). " Personal information may be stored on servers located in Canada and the United States. By participating, you consent to such storage and transfer in accordance with PIPEDA and other applicable laws. " By registering and bidding, you consent to the collection, use, and disclosure of your personal information for the purposes of conducting auctions, processing payments, and communicating with you. " Email and SMS marketing communications will be sent; you may unsubscribe at any time via the link provided or by updating your account preferences. " ADESI will not sell or share your personal information with third parties for marketing purposes without your consent. 12. Intellectual Property " Catalog photos and descriptions are ADESI's intellectual property. Buyers may use photos to resell their purchased items but may not otherwise reproduce or redistribute catalog content without permission. 13. Limitation of Liability 13.1 Exclusion of Damages " To the fullest extent permitted by law, ADESI shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to any auction, bid, purchase, or item, even if advised of the possibility of such damages. 13.2 Liability Cap " To the maximum extent permitted by law, ADESI's aggregate liability to a Buyer for direct losses arising out of or relating to a transaction is limited to the total amount actually paid by the Buyer for the specific lot (hammer price + Buyer's Premium + applicable HST). 13.3 No Liability for Platform Errors " ADESI is not liable for errors, bugs, downtime, or technical issues with the online auction platform, including but not limited to: o Failure to receive or record bids; o Incorrect lot end times; o Display errors or missing photographs; or o Data loss or security breaches. 14. Indemnification 14.1 Buyer's Indemnity The Buyer agrees to indemnify, defend, and hold harmless ADESI, its officers, directors, employees, agents, contractors, the seller, and their assigns from and against any and all claims, losses, expenses, damages, or liabilities arising from or related to: " the Buyer's breach of these Terms; " the Buyer's use, possession, or resale of any purchased item; " any injury, damage, or loss caused by the Buyer or their agents during pickup or transportation; " any violation of law by the Buyer; or " any acts or omissions of the Buyer in connection with the auction. 14.2 Scope of Indemnity " This indemnity covers all claims, losses, expenses, damage, or liability, directly or indirectly caused by or resulting from the Buyer's acts or omissions. 15. Dispute Resolution and Governing Law 15.1 Governing Law " These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. 15.2 Dispute Resolution Process " Negotiation: Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days. " Mediation: If negotiation fails, the parties agree to participate in mediation conducted by a mutually agreed mediator in Ontario, Canada. Each party shall bear its own costs of mediation, and the parties shall share equally the fees of the mediator. " Arbitration: If mediation does not resolve the dispute within 60 days, the dispute shall be finally resolved by binding arbitration in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be conducted in Niagara-on-the-Lake, Ontario by a single arbitrator mutually agreed upon by the parties, or failing agreement, appointed in accordance with the Arbitration Act. The arbitrator's decision shall be final and binding. " Consumer Rights: Nothing in this section limits any non-waivable rights of Consumers under applicable law, including the right to bring claims in Small Claims Court or other courts of competent jurisdiction where such rights cannot be waived. 16. No Waiver " Failure by ADESI to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights under these Terms. " Any waiver must be in writing and signed by an authorized representative of ADESI. 17. Severability " If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. 18. Force Majeure " ADESI shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, natural disasters, government actions, or technical failures. 19. Modifications " ADESI reserves the right to modify these Terms and Conditions at any time by posting updated terms on our website or auction platform. " Changes to these Terms apply prospectively. The Terms posted when an auction opens govern that auction through close. " Your continued participation in auctions after changes are posted constitutes acceptance of the modified terms. " It is your responsibility to review these Terms and Conditions before each auction. 20. Electronic Agreement " By clicking "I agree," "Bid," or similar buttons on the auction platform, you acknowledge and agree that these Terms constitute a binding legal agreement equivalent to a signed contract. " Electronic records of your acceptance will be retained by ADESI. 21. Entire Agreement " These Terms and Conditions, together with any auction-specific notices or addenda, constitute the entire agreement between ADESI and the Buyer regarding the subject matter hereof. 22. Notices " Unless a different method is specified, we may send notices to the email address on your bidder account (and by SMS if a mobile number is on file). Notices are deemed received when sent. 23. Contact Information For questions regarding these Terms and Conditions, please contact: Amber Door Estate Sales Inc. 758 Niagara Stone Road Niagara-on-the-Lake, Ontario L0S 1J0 Phone: (905) 517-5552 Email: amberdoorestatesales@outlook.com Customer Service: For assistance with bidding or payment issues, please contact us within 24 hours of auction close. 24. Accessibility " ADESI is committed to accessibility under the Accessibility for Ontarians with Disabilities Act (AODA). " For support or accommodation requests, please contact ADESI at amberdoorestatesales@outlook.com or (905) 517-5552.