Auction Terms & Conditions BY USING ANY OF THE SERVICES OFFERED, YOU AGREE TO THE FOLLOWING TERMS:
The Bargain Bunny Online Auction House website (“the Site”) is comprised of various web pages operated by Bargain Bunny Online Auction House, LLC (“BBOAH”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully.
As used in this Agreement, means both (a) the individual now registering as a user of BBOAH or the existing user of the BBOAH now agreeing to this BBOAH User Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, your Company). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.
Your Liability to Us.
INDEMNIFICATION: YOU SHALL INDEMNIFY, DEFEND AND HOLD BBOAH, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY BBOAH PARTIES?) HARMLESS AND INDEMNIFY THEM FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS AND FEES AND EXPENSES RELATED THERETO (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES), INCURRED BY A BBOAH PARTY IN CONNECTION WITH ANY CLAIMS ARISING OUT OF, BASED UPON OR RESULTING FROM ANY OF THE FOLLOWING, WHETHER BY YOU OR BY A THIRD PARTY USING YOUR LOG-IN: (A) ANY BREACH OR VIOLATION OF THIS AGREEMENT, (B) ANY USE OF BBOAH, (C) A DISPUTE WITH ANOTHER USER (EXCEPT FOR MONIES RECEIVED BY YOU UNDER OUR BUYERS PROTECTION PROGRAM), (D) ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION GOVERNING YOUR ACTIVITIES ON OR OFF OF BBOAH, (E) ANY FALSE, OR INACCURATE REPRESENTATION OF ANY NATURE MADE BY YOU, OR (F) THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
Our Limits of Liability.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF BBOAH AND THE SERVICES ON BBOAH ARE ENTIRELY AT YOUR OWN RISK. BBOAH AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH BBOAH, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT BBOAH OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON BBOAH OR ANY TRANSACTION ENTERED INTO THROUGH BBOAH. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH BBOAH SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF BBOAH.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF BBOAH, ITS AFFILIATES, MEMBERS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY BBOAH PARTIES?) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE BBOAH OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY BBOAH, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO BBOAH (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE BBOAH PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF BBOAH SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
Your Representations to Us.
Eligibility and Accuracy of Information. By registering for an account or using BBOAH, you represent that you are at least 18 years of age, and of the age of legal majority in your state of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use BBOAH. You agree that you will not allow others to use your account, nor will you use your account or BBOAH on an outsourcing basis or on behalf of third parties. By registering for an account or using BBOAH, you represent that you have read these terms and conditions and those separate terms referred to herein, that you agree to be bound by the same, and that you verify and affirm the truth and accuracy of all information provided by you to BBOAH.
BBOAH Rules. In addition to the terms and conditions of this Agreement, your use of BBOAH is conditioned upon your compliance with certain rules governing selling and buying on BBOAH, password maintenance, postings and conduct on BBOAH, and other matters. These rules, the majority of which are available here but may also be found elsewhere as applicable on BBOAH ("BBOAH Rules”), are hereby incorporated into this Agreement in their entirety.
Termination and Suspension. We agree to provide you access to BBOAH and the services available on BBOAH only as authorized in this Agreement and BBOAH Rules. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to use BBOAH in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.
Electronic Communications. Visiting the Site or sending emails to BBOAH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Governing Law, Dispute Resolution in Michigan and Other Terms.
1. International Users; Choice of Law. BBOAH is controlled, operated and administered by BBOAH, which is based within the State of Michigan in the United States. We make no representation that functions or information found at BBOAH are appropriate or available for use at other locations outside of the United States. Access to BBOAH from territories where their function or content are illegal is prohibited. You may not use BBOAH or export the information found on or at BBOAH in violation of U.S. or other export laws and regulations. If you access BBOAH from a location outside of the U.S., you are responsible for compliance with all laws applicable to you, but this contact prohibits your acceptance of services of BBOAH. This Agreement, all matters arising from or relating to your use of BBOAH, and any and all claims arising out of your relationship with the BBOAH Parties shall be governed by and in accordance with the laws of the State of Michigan.
2. Dispute Resolution; Attorney Fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF BBOAH SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF MONTCALM, STATE OF MICHIGAN, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON BBOAH. FOR AND IN CONSIDERATION OF THE PREMISES, THE USER EXPRESSLY WAIVES THE RIGHT TO TRIAL BY JURY. Notwithstanding the foregoing, BBOAH reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under this Agreement or under an award of the court described above. You may not bring any action arising out of this User Agreement or your use of the Website or the Services, regardless of form or the basis of the claim, more than two (2) years after the cause of action has arisen (or if multiple causes, from the date the first such case arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this Section, BBOAH shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.
3. Notices. Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://BBOAH.com/Support/ or by mail to BBOAH, 703 S. Greenville West Dr. #7-274, Greenville, MI 48838 or, in the case notices we send to you, to the email address or street address listed in your User Information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.
4. Electronic Execution. Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You consent and agree to the admissibility of all computer records and electronic evidence of the BBOAH in any dispute under this Agreement.
5 Independent Contractors. You and BBOAH are independent contractors. No other relationship of any nature is intended or created by this Agreement the existence of the following relationships is expressly disavowed, to wot, agency relationship, partnership, joint venture, employer-employee relationship or franchisor-franchisee.
6. Additional General Provisions. The failure by either party to exercise or enforce any rights or provisions of this Agreement (including BBOAH Rules or other document incorporated by reference herein) shall not constitute a waiver of such right or provision. This Agreement, including any other applicable terms and conditions or rules that govern your use of individual Services, which are either incorporated herein by specific reference or posted on BBOAH from time to time, comprises the entire agreement between you and BBOAH and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for BBOAH). If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement. The titles and headings contained in this Agreement are used for convenience only and are not intended to affect the meaning or interpretation of this Agreement. This Agreement is binding upon and inures to the benefit of the respective successors and assigns of the parties, but you may not assign this Agreement to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. This Agreement is solely for the benefit of BBOAH, its affiliates, and you, and shall not be construed for the benefit of any third party.
Bargain Bunny Online Auction House, LLC (BBOAH) assumes all listed items are in good working
condition unless otherwise stated. All individuals that fill out the Listing Item Form and bring it to Bargain Bunny Online Auction House, LLC with their items to sell are acknowledging they have read and understood the Terms and Conditions and Auction Policy.
*** BBOAH in its sole discretion may ban from future use any buyer or seller which BBOAH believes to have in any way misrepresented itself or any items selling, failed to abide by terms, or conduct any improper auction behavior determined solely by BBOAH.
1. Items listed on the Listing Items Form are accurate and completely described. BBOAH reserves the right to adjust descriptions as needed.
2. Unless otherwise specified, the odometer and hour meter readings on any equipment are correct.
3. Seller is the true owner of all items listed with full right and authority to sell such items.
4. All equipment is free and clear of all liens, encumbrances, or claims by any other person.
5. Seller, at its own cost and expense, shall deliver equipment and/or vehicles to BBOAH location with all documents including title and/or bills of sale, proving ownership.
6. Seller is responsible for maintaining insurance on any item that is consigned to BBOAH.
7. Seller reserves the right to bid once on their own item in order to protect their investment.
8. BBOAH is not responsible for theft, damages or loss of any items.
*** If the item you are selling is broken, doesn't work/run or is described incorrectly and is returned because of the way you described it you will be responsible for the cost of the return including the $2 listing fee and 14% of sale price. Returned items would need to be picked up within 7 days of notification or they may become the property of BBOAH.
1. Seller and BBOAH agree that BBOAH shall carry out the auction sale in accordance with the policies and procedures of BBOAH. Items sold and the order in which items to be sold shall be in the absolute and sole discretion of BBOAH.
2. Seller agrees to pay BBOAH for its services in conducting the auction sale of their items. Auction fees will be deducted from the final winning bid amount.
3. Seller fees are as follows and are subject to change without notice, 12% of all final sale bids, an additional $2 non-refundable listing fee per item listed per auction.
4. BBOAH will pay seller the sale proceeds collected from the auction sales less the seller fees and any other charges incurred upon approval at the end of each month or within 30 business days from the auction end date.
5. Seller has the right to protect its investment by making a one-time bid on their own items during each auction. If you do "buy" your own items back, you must let BBOAH know within 24 hours of the auction ending so that we can void out the price. If seller fails to notify BBOAH of the "buy back" seller will be responsible for paying for the item including the buyer's fee and sales tax. It is the Seller’s responsibility to watch their items on the auctions. If they do not they are agreeing to accept the final auction bid despite the amount they wanted.
6. Seller does have the final decision to accept or decline a winning bid within 24hrs of the auction closing on items over $150. If Seller rejects bid and retrieves their item a $10 non-refundable fee is charged.
7. Any items that do not sell or do not get listed must be picked up within 7 business days of the auction end date or they may become the property of BBOAH.
UNACCEPTABLE ITEMS FOR AUCTION:
** Used clothing in less than good condition
** Used linens in less that good condition
** Broken or poor condition items (not fixable)- Auction will make determination
** Pressboard furniture
** Used tires without rims
BBOAH has sole discretion to determine whether or not an item will be sold on the auction.
1. Buyer agrees to pay all buyer fees and sales tax on all won items within 7 business days of auction end date.
2. Buyer MUST take possession of won items within 10 business days of auction end date or items may become the property of BBOAH unless other arrangements are made with BBOAH.
3. Buyer has 5 business days from the time they take possession to return any items misrepresented by the listing description. BBOAH has final approval to accept returns.
4. Any buyer that does not pay for their won items in the allotted time may be subject to penalty or account closure.
5. All won items that are off-site MUST be paid at the store prior to receiving seller contact info for pick up.
Auction /Consignment Fees:
a. 12% + $2 listing fee for every separate listing/lot item based on winning bid.
b. If seller “buy back” their item(s) and decides to not relist, there is a $2 non-refundable fee for each item/lot that was listed and not sold in an auction.
a. 6% buyer premium on each bought items’ final bid amount.
b. Purchase sales tax.
**** $35.00 NSF fee for all returned checks.
**** Fees subject to change without notice.
Bargain Bunny Resale Shop Consignment Fees:
12% consignment fee for items sold in Bargain Bunny Resale Shop. If any item was only in resale shop but wasn’t sold no listing fee is charged.
Any questions regarding our site or policies, please contact our office.
Seller User Terms
Bidder User Terms