Auction Terms & Conditions These are Allure Estate Sales Terms & Conditions for this auction. They consist of the complete outline below between you (“the Bidder”) and Allure Estate Sales known as (“Auctioneer”).
These purchaser Terms and Conditions (“Purchaser Terms”) apply to all bidding at any auction conducted by Allure Estate Saes LLC, hereinafter called (“Auctioneer”). By registering to participate in an Auctioneer auction sale via online bidding in a timed internet auction or a live internet auction (“Online Bidding”, each person or entity (“Bidder”) expressly agrees to abide by these Purchaser Terms. Participation in an Auction by any person under the age of 18 is strictly prohibited and in violation of these Purchase Terms. A Bidder who is the highest accepted bidder in an Online Bidding Auction, or a person or entity purchasing an Auction Item, is referred to herein as a “Purchaser”.
By registering to bid in Auctioneers auction, the Bidder hereby agrees and understands that they have read, understand, and agree to abide by Allure Estate Sales Purchaser Terms & Conditions by becoming a registered bidder. It is the bidders responsibility to obtain and understand these Terms and Conditions prior to bidding on any items and/or lots. The bidder agrees to accept and be legally bound to the Purchaser Terms and Conditions. It is solely the Bidders responsibility to request the Purchaser Terms and Conditions for each auction from Auctioneer.
1. Payment: Payment will be made at time of pickup. We offer a Cash Discount which is already configured into the Buyers Premium. If paying by Credit or Debit Card there will be a additional 3.85% fee charged to you by the Credit Card Processing Company.
2. Pickup: Pickup days will be posted on the auction site as well as sent to every winning bidder via email profided by said bidder.
2-A. Bidder is expected to bring help to load heavy items. If a representative of Allure Estate Sales helps pack or load any items into your Vehicle Bidder does not hold the Auction House or their representative liability for any damage to the items or property of any kind.
2-B. Allure Estate Sales will provide limited packaging material. It is highly recommended to bring your own packaging material and boxes for your items won.
2-C Shipping: Bidder agrees to pay all Shipping costs plus a additional $10 per box charge to cover shipping supplies.
Example: If Bidder purchases 10 lots and all fit into 1 box the additional charge will be $10. If Bidder purchases 10 lots that are larger in size and it takes 2 boxes to ship their lots safely Bidder will be charge $20 for 2 boxes.
3. Disposal of Unclaimed Items: In the event, you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item. You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items. In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
4. Buyer’s Premium: The Bidder understands that each item up for auction will have a buyer’s premium of 10% added to the price of each item. When placing a bid please take the buyer’s premium into account and bid according. This means that if an item is sold at $100, the buyer’s premium would $10, and your total would be $110 (not including Michigan’s 6% sales tax).
Buyers using a Credit Card will be added a 3.85% charge. If paying by Credit Card this means that if a item is sold at $100 your total would be $100 (item sold) + $10 (Buyers Premium) + $6.60 (6% Michigan State Tax) = $116.60 + $4.49 (4% charge by Credit Card Processor) = A Total of $120.49
5. Sales Tax: will be charged unless the buyer has provided a signed Sales Tax Resale. All buyers MUST email or provide their signed resale certificate prior to the end of the auction in person or emailed to: email@example.com or Sales Tax will be applied. No exceptions will be made. International buyers will be required to pay sales tax unless, the purchaser is eligible for a refund of such sales tax after presenting the Auctioneer with a signed bill of lading from a Licensed and Certified Shipping Company that is authorized and approved to ship exports into such Country and showing the Auction Item(s) have been successfully removed from the State of Michigan. Furthermore, the Bidder understands they are liable for payment of sales or use taxes which may become due for failure to comply with the provisions of Federal, State, and Local tax codes for any item(s) sold as tax exempt or for resale. The Bidder additionally understands that it is a criminal offense to give an exemption certificate to the seller for taxable items that the bidder knows is a taxable purchase at the time of purchase, and will be used in a manner other than that expressed in the certificate and depending on the amount of tax evaded, the offense may range from a Class C Misdemeanor to a Felony of the Second Degree.
6. Staggered Closing and Soft Closing: Allure Estate Sales uses staggered closing which means that lots close within 15 seconds of each other giving everyone a chance to view each item closing in real time.
Example: If lot 1 closes at 7PM
lot 2 will close at 7PM and 15 seconds.
Lot 3 will close at 7PM and 30 seconds,
Lot 4 will close at 7PM and 45 seconds and
Lot 5 Will close at 7:01PM
So on and So forth
Allure Estate Sales also uses soft closing, which means if a Lot is bid on within the last 2 minutes the lot will be extended for a additional 3 minutes. This process will continue until no bids have been placed on said lot within the last 2 minutes of closing.
Soft Closing prevents sniping and gives everyone a fair chance to bid again and win the lot they are bidding on.
7. Info Changes: The Bidder agrees to let the Allure Estate Sales know of any changes with their contact information or credit information as soon as the Bidder knows.
8. Bidding Errors and Software Malfunctions: In the event you have made an error bidding, the Bidder must contact the Auction Houses immediately. Allure Estate Sales will not assume any bid is an error. In the event there is a malfunction within the software and/or bidding the Auction Houses is using, the Bidder will not hold the Auction House accountable. If a bidder accidently bids on a item the bidder must contact Allure Estate Sales ASAP to notify them of the error. Failure to do so will result in the bid being placed standing.
9. Additional Terms: Auction Items may be added to the Auction. In an emergency situation, Auctioneer reserves the right to remove any Auction Item from the Auction. The information listed online or included in any Auction brochure is only a guideline and the accuracy of such information cannot be guaranteed. Bidder also agrees and understands by registering for an auction, the Bidder agrees to receive advertisements by email, regular mail, phone call or text message from Auctioneer. Bidder understands and agrees to any phone or text charges that may apply.
10. Bidder Notification: If the Bidder has won any items at the auction, Allure Estate Sales will notify them via email directly after auction closing with location address for pickup along with lots won and amount owed. This is the only contact the Bidder will receive from the Allure Estate Sales.
Allure Estate Sales assumes all winning Bidder notifications via email have been received by said Bidder. If Bidder does not receive a email it is their responsibility of Bidder to contact Allure Estate Sales either by email (firstname.lastname@example.org) or phone (313) 569-0428.
11. Injury and Damage: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder, Bidders guests, or agents. Bidder agrees to hold harmless Allure Estate Sales, LLC and Seller, from any personal injury to himself, guests, agents, and any property damage incurred on auction premises. Bidder releases Auctioneer and Seller from any and all liability connected with the removal and transportation of purchases and any and all future uses for the goods purchased herewith.
12. Buyer is Responsible: Seller, Auctioneer, and Purchaser expressly agree that the Purchaser is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
13. Chargebacks Prohibited: Buyer agrees that they will accept all charges placed on the credit card associated with your account, and you agree that you will not charge back any amount that the Auctioneer charges to your credit card. You agree that this provision applies equally to amounts charged in connection with any items you have won and any such buyer’s premium or sales tax applicable. If Bidder places a chargeback and loses a $100 fee will be charged to your credit card to reimburse Allure Estate Sales for all fees associated with said chargeback.
14. Auction House Liability: The bidders agree to not hold Allure Estate Sales responsible for any damages or injury that may happen when attending the inspection/preview day or auction pick up days. The Bidder also will not hold Allure Estate Sales liable for any damages or injury that results from the items won at auction.
15. Everything is sold “As-Is”: NO WARRANTY; AS-IS/WHERE-IS AUCTION SALES: ALL SUCCESSFULLY BID OR PURCHASED AUCTION ITEMS AT AN AUCTION ARE SOLD ON AN “AS-IS WHERE-IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DESCRIPTION OF EACH AUCTION ITEM IS SOLELY FOR THE PURPOSE OF IDENTIFICATION AND DOES NOT CONSTITUTE A REPRESENTATION OR WARRANTY THAT THE AUCTION ITEM WILL CONFORM TO SUCH DESCRIPTION OR TO ANY CONDITION REFERRED TO THEREIN. NEITHER AUCTIONEER NOR THE AUCTION ITEM SELLER (“SELLER”) MAKES ANY WARRANTY THAT THE AUCTION ITEM WILL PROPERLY FUNCTION OR OPERATE WHEN REMOVED FROM THE AUCTION SITE NOR THAT IT WILL CONTINUE TO OPERATE OR FUNCTION FOR ANY PERIOD OF TIME AFTER SUCH REMOVAL. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any statement in the description regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS.
16. Communication; Information Sharing: Bidder authorizes Auctioneer to (i) contact it via phone, email or text regarding company business and (ii) process and share information regarding the bidder with the original equipment manufacturer (“OEM”) of any Auction Item purchased hereunder and any of the OEM’s dealers or service providers in Purchaser’s geographic area. Auctioneer shall have no liability to Purchaser for the disclosure of any information regarding such Purchaser to the applicable OEM, its dealers, service providers or other representatives.
17. Assumption; Waiver; Indemnity; Non-Sales: Purchaser assumes all liability whatsoever resulting from the possession, use or disposition of each Auction Item purchased at an Auction. Purchaser hereby releases, waives, discharges and covenants not to sue Auctioneer and each of its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Released Persons”) of and from any and all claims, liabilities, losses or damages that Purchaser may have or has ever had against any Released Person arising out of or relating to the Auction Items purchased at the Auction or use thereof, including without limitation, any liability or damage relating to injury to person or property. Purchaser hereby agrees to indemnify, defend and hold Auctioneer and its parent, subsidiaries and affiliates and each of their respective directors, officers, employees and other representatives (collectively, “Indemnified Persons”) harmless from any and all costs, expenses, damages and liabilities (including, without limitation, attorneys’ fees) incurred or sustained by, or imposed upon any Indemnified Person arising out of or relating to (i) the loading, transport, ownership, repair, maintenance (or lack thereof) and/or use of the Auction Items, and/or any property damage or bodily injury arising therefrom, or (ii) the enforcement of this indemnity by Auctioneer. In the event any Auction Item is deemed a “Non-Sale” by Auctioneer for any reason, Purchaser’s sole remedy shall be an adjustment to or refund of Purchaser’s invoice by an amount that shall in no event exceed the original purchase price of the adjusted lot and Auctioneer shall have no additional liability to Purchaser for any loss or damage arising from or relating to such “Non-Sale”.
18. Governing Law and Venue: These Terms and Conditions will be governed by and construed under the laws of the State of Michigan.
19.Claims and Choice of Venue: Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Wayne County, Michigan, or in the Federal District Court of Michigan, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
20. These Terms and Conditions can be changed at any time without notice. Please read these terms and conditions each time you register for one of our auctions. These terms and conditions supersede any other agreement between you the Bidder and the Auction House has made in the past or present.
21. Contact Information: (313) 569-0428
© 2022 Allure Estate Sales
Seller User Terms
Bidder User Terms