Lot # : 31 - Holiday Pecks NEW

Terms & Conditions Online Auctions of Personal Property TABLE OF CONTENTS: 1. General Terms and Conditions 2. Access and Use of the Site 3. Registration 4. Communication 5. Warranty of Items 6. Bidding Instructions 7. Payment 8. Pick-Up, Transfer, and/or Shipping Instructions 9. Termination 10. Indemnification 11. Force Majeure 12. Trademark 13. Franchising 14. Governing Law 1. GENERAL TERMS AND CONDITIONS 1.1 Acceptance of Terms and Conditions. Please read Gentle Transfer’s Terms and Conditions (“Terms & Conditions”) carefully. By accessing www.gentletransfer.com (“Website”) or by participating in an online auction, You signify Your consent to both these Terms & Conditions and the conditions of Gentle Transfer’s Privacy Policy (“Privacy Policy”). These Terms & Conditions constitute a binding legal agreement between You as the user (“You”, “Your” or “Bidder”) and Gentle Transfer, subsidiaries, affiliates, and Our commonly owned affiliated companies (Collectively, “Gentle Transfer”, “We”, “Us” or “Our”). These Terms & Conditions set forth the legally binding terms for Your use of the Gentle Transfer’s services and shall apply to all users of the Gentle Transfer’s Website. By using this Website, You agree to and are bound by these Terms & Conditions and also acknowledge that: (a) You have had the opportunity to review the tutorials regarding the use of Gentle Transfer included in the Buying section; (b) You have either reviewed the tutorials and information or have chosen not to do so; and (c) You have had the opportunity to ask questions regarding the use of Gentle Transfer by telephone or email and to have those questions answered. Additionally, by accepting these Terms & Conditions, you as the User acknowledge that Gentle Transfer is not the Owner or Seller of items contained in these online auctions. However, Gentle Transfer reserves its rights to enforce all terms of sale included in accordance with the Terms & Conditions. 1.2 Additional Terms and Conditions. You may be required to agree to additional terms and conditions on a per online auction basis. These additional terms and conditions are located in the Auction Details on the online auction in which You choose to participate. These additional terms are hereby incorporated into the Gentle Transfer’s Terms & Conditions as an integral part hereof. 1.3 Modification of Terms and Conditions. Gentle Transfer may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the Gentle Transfer Website. You agree to be bound to any changes to these terms when You use www.gentletransfer.com after any such modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART OF THEM, GENTLE TRANSFER, AND/OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY GENTLE TRANSFER. 2. ACCESS AND USE OF THE WEBSITE 2.1 Website Access. Gentle Transfer hereby grants You permission to use the Website as set forth in these Terms & Conditions, provided that: (a) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Gentle Transfer; and (b) You will otherwise comply with the all terms or conditions set forth in these Terms & Conditions. 2.2 Use of the Website. You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any and all content You may submit, post, or share via the Website. You may not use the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website outside the functions of the Website without first obtaining written permission from Gentle Transfer and/or the Auction Manager. You will be responsible for ensuring that You do not violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or any other destructive code. 2.3 Bidder Number and Password. (i) In order to access some features of the Website, You will have to create a Bidder Profile. You should never use someone else’s Bidder Profile without permission. You are responsible for maintaining the security of Your Gentle Transfer Bidder Profile, password and any personal account information or purchase invoices. You are solely responsible and liable for the activity and purchases that occur under Your Bidder Number. You accept sole responsibility for keeping Your password secure. Gentle Transfer will not be held responsible for Your losses caused by any unauthorized use of Your account; furthermore, you may be held liable for the losses to Gentle Transfer or others due to such unauthorized use. (ii) It is Gentle Transfer’s sole discretion to accept or decline the instructions of any individual who claims to be authorized to make direct changes to Your Bidder Profile account, so long as such the person presents the appropriate account information. We shall not be responsible for the actions made by any individuals who misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other appropriate identifying information. If Your Bidder Profile account has been compromised, it is Your responsibility to notify Us immediately of any unauthorized use on Your account. 3. REGISTRATION 3.1 Registration. If You would like to participate in our online auctions, you must become a registered bidder and create a bidder profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process. 3.2 Requirements. By using the Gentle Transfer’s Website, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify, you are not permitted to participate in our online auctions. 4. COMMUNICATION WITH YOU 4.1 Customer Service Contact. To contact Our Customer Service - please use any of the options listed below: i). Contact Us by Email: eric@gentletransfer.com ii) Contact Us by Phone: (330)330-7730 during the service hours of 9:00AM -5:00 PM (ET), Monday Through Friday. Please contact the Affiliate Company listed on the auction with specific questions about that auction.* iii) Contact Us by Mail: Gentle Transfer, LLC 9525 Shady Oaks St. NW, Clinton OH 44216. *Our service hours may be reduced during certain national and/or religious holidays. 4.2 Email Communication. Gentle Transfer and our affiliates reserve the right to send messages to You to inform You of (a) Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the Website, the online auctions, the items, and/or these Terms & Conditions. Further, you consent to receive such emails at the email address You enter into Your Bidder Profile. 4.3 Telephone Communication. By agreeing to these Terms & Conditions, you acknowledge that We and/or our affiliates may contact You via telephone to discuss the Website, the online auctions, the items, or Your account and consent to such contact. Further, you consent to receive such phone calls at the telephone number(s) You enter into Your Bidder Profile. 4.4 Text Communication. You may opt-in to receive watchlist and outbid alerts by text message during the registration process or in Your Bidder Profile. By opting-in for this functionality, you consent to receive text messages by automated means from Gentle Transfer. Allowing these text alerts is not a condition of purchase. This service is free from Gentle Transfer; however carrier message and data rates may apply. To take advantage of the Gentle Transfer text messaging alerts, you must have a text messaging-enabled mobile device with a text messaging plan. The number for this device must be entered into the mobile phone text box in Your account information. All mobile carriers are supported. 4.5 Direct Mail Communication. Gentle Transfer and Our affiliated companies may send You promotional details for Our services which We believe may interest You. If at any time you do not wish to receive these communications, please e-mail us at eric@gentletransfer.com. 5. WARRANTY OF ITEMS 5.1 Warranty of Items. (i) All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. All other guarantees of authenticity, expressed or implied, are hereby disclaimed. (ii) Dimensions given for the item(s) may be approximate measurements. (iii) CAUTION: Varied equipment may be joined for demonstration purposes. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please read the descriptions carefully to determine what is included in each lot. 5.2 Physical Condition of Items. Gentle Transfer does our best to explain both the features and faults of an item within its description. We cannot ensure that our assessment of an item is the same as your assessment. 5.3 Working Condition of Items. Gentle Transfer does not guarantee the working order of any clock, watch, electronic, or mechanical device. 5.4 Previews. The sole purpose of a Preview is to give You the opportunity to see the item(s) in person before placing a bid. Previews will occur at the sole discretion of the auction manager, and times and availability will vary. Refer to the Auction Details section for preview availability. Please contact the Auction Manager should you have any questions or concerns about items in an online auction. 5.5 Changes in Circumstances. All aspects of an online auction are subject to change without prior notice. Gentle Transfer reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action Gentle Transfer deems necessary to affect the fair conduct of a sale. 6. BIDDING INSTRUCTIONS 6.1 Binding Offer. Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, you are contractually obligated to buy the merchandise at the price stated as Your bid, as well as pay all other applicable taxes and fees. 6.2 Participation. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS & CONDITIONS AND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED PRIOR TO BIDDING ADDITIONALLY. ENSURE THAT THE AUCTION PICK-UP DATE AND TIME WORKS WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid prior to the auction end time or bid while the auction is in the progress of closing. Gentle Transfer cannot guarantee that You will be the winner of any item. 6.3 Placing a Bid. You can place bids in two ways: (1) manually by entering a standard bid using the Bid function or Quick Bid function, then clicking the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Maximum Bid function. The maximum bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to the dollar amount entered. 6.5 Bid Notifications. (i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed. (ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. This email can never be disabled or unsubscribed. It will detail the date, time, location, and Bidder notes for the auction pick-up of Your winning items. It also serves as a helpful gateway to pay for Your purchase invoice online via credit card. If You feel You have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact the Auction Manager. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications. 7. PAYMENT 7.1 Payment Types. Gentle Transfer accepts cash (USD) via EFT only, debit cards, or VISA®, MasterCard®, Discover®, and American Express® as acceptable payment for items purchased; provided, that any purchase (of a single item or in the aggregate) that exceeds $2000.00 must be via wire transfer. You may be required to present current identification (such as a valid driver’s license or state ID) at time of pick-up. Gentle Transfer accepts cash payments in USD only. Items will not leave the auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type restrictions for an entire auction or an individual item may apply; please read the Auction Details for additional terms. 7.2 Buyers Premium & Sales Tax. If You are the successful Bidder, you agree to pay the amount of Your bid plus an 11% (eleven percent) buyer’s premium and any applicable state and local sales taxes. 7.3 Tax Exempt. If You are a tax exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax exempt number. You will be contacted by Customer Service with further instructions to complete the tax exempt process. 7.4 Payment Instructions. Payment must be made in full by the end of the stated auction pick-up time. You authorize Gentle Transfer to charge your credit card or debit card listed in your Bidder Profile in the full amount of Your bid, plus Buyer’s premium, sales and other applicable taxes, at the time payment is due. i. Payment is restricted to the acceptable credit card and debit card payment types, and wire transfer. ii. For convenient and frequent use, you may save Your credit card payment method(s) in Your Bidder Profile. Tip: Store Your method before you checkout to ensure your method is saved to Your account. Gentle Transfer will never automatically charge the payment methods kept on file, except as set forth herein. It is safe to store Your payment methods on the Gentle Transfer’s Website. Please read our Privacy Policy for all the ways We keep Your information safe. 7.5 Liability Regarding Purchases. Once the item(s) have been paid for by any means, You assume full risk and responsibility for the purchased item(s) unless otherwise noted as donated/forfeited. YOU AGREE THAT GENTLE TRANSFER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL GENTLE TRANSFER BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE. 7.6 Failure to Remit Payment. Any items not paid for in accordance with the Gentle Transfer Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. Gentle Transfer may, in its sole and absolute discretion, resell the items or donate the items to a charity of Gentle Transfer or the affiliate’s choosing. Any default in payment will be subject to interest and collection fees. Gentle Transfer and/or its affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. You bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that Gentle Transfer and/or its affiliates may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution. 8. Pick-Up, Transfer, Shipping, and Donation Policies 8.1 Pick-up Policies. (i)You must pick up your merchandise at the specified auction location during the scheduled pick-up time. All items that are not picked up within 14 days of Auction close will be forfeited. Refer to Your purchase notification for specific pick-up instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the auction manager prior to the pickup start time. (ii)Removal shall be at the expense, liability, and risk of the purchaser. You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items without assistance from the Gentle Transfer team on location. (ii) Purchases will be released upon Your payment made in full of the entire invoice balance due. (iii) If You are sending movers or anyone else on Your behalf to pick up Your items, please insure that payment in full to Gentle Transfer has been made. Otherwise, no items will be released. If You desire that Gentle Transfer provide moving services, such services shall be provided by separate written contract. 8.2 Alternate (Transfer) Pick-up Policies. Not every online auction will have an alternate pick-up option available. Please read the Auction Details for a description of when and where the alternate pick-up is scheduled. Each item within an online auction that offers an alternate pick-up is subject to availability. If an item is available to be transferred to the alternate pick-up, it will be noted in the Item Details with a fee associated to transfer the item. If You are the successful bidder of the item, the transfer fee associated with the item will be added to Your invoice. Payment for the item and all fees associated with the transfer must be paid in full prior to the item(s) being transferred. 8.3 Shipping Policies. (i) Shipping availability for an item is stated in its Item Details. To request shipping, You may either (1) Contact the auction manager directly, or (2) Simply note “shipping” as Your pick-up option while submitting Your payment through the Online Checkout. The Gentle Transfer affiliate will use reasonable efforts to provide a shipping quote within 24 hours. Payment for your shipping quote must be made in full before items will be shipped. Gentle Transfer assumes no liability for any damages to item(s) that may occur during the shipping process. Any shipping claims should be made directly with the shipping carrier. (ii)You are also welcome to make Your own arrangements to have Your items picked up and shipped by the agent of your choosing. However, this must take place during the scheduled pick up times and Gentle Transfer must receive payment for your invoice amount prior to releasing Your items. 8.4 Donation/Forfeit Policies. If You are unable to make it to the pick-up location at the specified time, You may choose to Donate/Forfeit Your items without jeopardizing Your bidding privileges. In the Online Checkout, please choose the “donate” pick-up option to pay for Your items and OPT OUT of claiming them. Gentle Transfer has the right to resell, remove, or dispose of the item(s) You choose to donate/forfeit. 9. Termination 9.1 Termination. Gentle Transfer reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of termination by Gentle Transfer in connection with Your breach of these Terms & Conditions, Gentle Transfer may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, You agree that if Gentle Transfer, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Gentle Transfer may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain any and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay Gentle Transfer for all outstanding unpaid invoices through the date of termination. 10. Indemnification 10.1 Indemnity. You agree to indemnify, defend, and hold Gentle Transfer and its members, managers, directors, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Gentle Transfer or any of the services offered by Gentle Transfer, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You. 11. Force Majeure 11.1 Interruption of Service. Gentle Transfer shall not be 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 Website. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of Gentle Transfer shall be final. 11.2 Temporarily Suspended Auctions or Lots. When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest Bidder will be recorded. Temporarily suspended auctions and lots will be clearly indicated when applicable. 11.3 Liability Regarding Unforeseeable Events. Under no circumstances shall Gentle Transfer be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Gentle Transfer. This includes, but not limited to, any third party associated with Gentle Transfer or the services provided by Gentle Transfer. 12. Trademark 12.1 Trademark. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to Gentle Transfer or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that Gentle Transfer will aggressively enforce its intellectual property rights to the fullest extent of the law. 13. Affiliates 13.1 Established Affiliates. Gentle Transfer may, from time to time, give general guidance to its affiliates, in the daily operation of its business affairs and assist in marketing through the use of its website www.auctionohio.com. However, each Affiliate remains its own separate entity and is independently owned and operated. 14. Governing Law 14.1 Governing Law. These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio.. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.