MCM Auction

BIDDER TERMS & CONDITIONS These Bidder Terms & Conditions constitute the entire terms and conditions on which items in this sale will be offered and/or sold by Dandelion Wishes LLC and on behalf of any consignor of such items for whom we act as an agent, to you as a bidder. By bidding at an auction or any auction provided by the Dandelion Wishes directly through its affiliate websites, or through other online auction providers, you are expressly agreeing to these Terms. Further, by bidding, you become a party to a negotiation and expressly agree that if you are the highest bidder, and the item or lot of items is declared sold, a contract for sale and purchase is created. If any future changes to these Terms are unacceptable to you, you should discontinue using our Services and not bid on any item(s) auctioned or offered for sale by Dandelion Wishes. Your continued use of the Services now, or following the posting of notice of any such changes, will indicate your acceptance of these Terms and of any such changes. 1) Bidding Bidders are required to register to bid and receive a paddle number prior to bidding. As part of the Bidder registration process, each Bidder must attest that they have received, read, and understand these Terms. If you have any questions regarding these Terms, please ask during the registration process or email us at dannylfavreau@gmail.com. By bidding at an auction, Bidder is creating a contract. Bidding on an item will be considered sufficient evidence that Bidder accepts all conditions set forth in these Terms and any conditions outlined on the day of the sale. Any individual bidding on behalf of, or as an agent of another individual or company, whether such agency is disclosed, may be jointly liable, along with the individual, under any contract created by the acceptance of a bid. The Auctioneer has the authority to accept or reject any and all bids. All bidding is in terms of United States Dollars. The Auctioneer determines who the highest bidder is. In the event of a "tie-bid," the Auctioneer may re-open the item between the tie bidders. The Auctioneer's decisions are final. A tie-bid occurs where, at the close of sale by action, more than one registered bidder has submitted a high bid in the same amount. 2) Buyer's Premium and Fees A twenty-five percent (25%) "Buyer's Premium" will be charged on all purchases (a successful bid accepted by Auctioneer; hereinafter "Successful Bid(s)"). Therefore, the net Buyer's Premium for those Bidders providing payment within seven (7) calendar days are as follows: Buyer's Premium: Live online bidders 25% Buyer's Premium Buyers Fee: 3) Sales Tax A (6.35%) "Sales Tax" will be collected on all sales made and delivered within the State of Connecticut. The Department of Revenue requires that Sales Tax be charged on the total invoice price including the Buyer's Premium and fee. The successful Bidder will be responsible for any out of state sales tax due on items shipped. A successful Bidder purchasing items for resale, or a tax-exempt Bidder, are required to provide a current resale certificate, or tax-exempt certificate, prior to each auction, so that invoices can be calculated correctly. Sales Tax cannot be removed from an invoice for items purchased in person, picked up in person or shipped within the State of Connecticut without a current resale or tax-exempt certificate. 4) Disclaimer of Warranties; Limitation of Liability YOUR ACCESS TO, USE OF AND RELIANCE ON THE SERVICES PROVIDED BY THE COMPANY IS ENTIRELY AT YOUR OWN RISK. ALL SALES ARE FINAL. ALL SERVICES AND ITEMS ARE PROVIDED ON AN "AS IS" AND "WHERE-IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DANDELION WISHES TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY COMMUNICATION OR TRANSACTION THAT YOU OR ANY BIDDER, SELLER OR THIRD-PARTY HAS REGARDING THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY SUCCESSFUL BID, AND YOU AGREE THAT THE COMPANY IS ONLY ACTING AS A PASSIVE MEDIUM FOR YOUR AND OTHER BIDDERS' AND SELLERS' TRANSACTIONS. WITHOUT LIMITING THE FOREGOING, THE COMPANY ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICES AND CONTENT ACCESSED THROUGH THE SERVICES AS THEY ARE PROVIDED AND CONDUCTED ONLINE; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES AS PROVIDED BY THE COMPANY ONLINE; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF THE SERVICES OR CONTENT ACCESSED THROUGH THE SERVICES AS PROVIDED BY THE COMPANY ONLINE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON THE COMPANY'S WEBSITE AND/OR LINKS IN CONTENT ACCESSED THROUGH THE COMPANY'S WEBSITE). By bidding, Bidder agrees all, its employees and associates, and the Auctioneer harmless for errors and omissions. Further, Bidder agrees to hold the Company, its employees and associates, and the Auctioneer harmless for issues arising from the transfer of title of goods purchased. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. All Risk loss shall pass to the buyer at the time of payment. If auctioneer is unable to deliver an article sold to buyer due to fire, theft, or other reason, the auctioneer shall reimburse the buyer for monies paid to the auctioneer with respect to that article and auctioneer will have no further liability to the purchaser. Descriptions and Photographs Dandelion Wishes strives to accurately describe all items being sold, but all property being offered is sold as-is. Any statement, written or verbal, in the catalog, on a condition report, on an invoice, on a bill of sale, or stated before, during or after the auction, or written or stated elsewhere, as to physical condition, history or provenance, origin, age, culture, source, measurement, size, weight, fineness, quality, imperfections or damage, authorship or artistry, usefulness, rarity, importance, historical relevance, where an item has been displayed, exhibited, or previously sold, or as to the items value or any other feature of the item, are statements of opinion and not representations or warranties. Please note that catalog photographs may have had size modifications for display purposes or been trimmed to exclude framing, matting, and wide blank margins. Variations in color may occur due to digital processing. No employee or agent, of Dandelion Wishes, is authorized to make any representation or warranty on behalf of the Company or on behalf of the consignor regarding any item. Item Pickup and Shipping All items are to be picked up by Bidder or at a time pre-arranged after full payment of the invoice. It is the Bidder's responsibility to arrange in advance if an item must be picked up at another time. Successful Bids of items online will be shipped at the Bidder's expense. If picking up an item, the buyer assumes sole responsibility to supply and provide personnel, equipment and any supplies to pack, move and or transport auction item or can choose to pay $5.00 per lot to have it packed and ready to go. COSTS ASSOCIATED WITH THE SHIPPING AND HANDLING OF AN ITEM ARE THE RESPONSIBILITY OF THE BIDDER. IF THE BIDDER WILL NOT BE PICKING AN ITEM UP, THEN THE BIDDER MUST SELECT A SHIPPER TO PACK AND SHIP THE ITEMS. We WILL PROVIDE A LIST OF LOCAL SHIPPERS WITH ALL PAID-IN-FULL INVOICES FOR THE CONVENIENCE OF THE BIDDER. BY PROVIDING SUCH LIST, DOES NOT MAKE ANY WARRANTY, GUARANTEE OR PROMISE AS TO THE PERFORMANCE OF ANY SHIPPER SELECTED FROM THE LIST. FURTHER, DANDELION WISHES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS, INCLUDING BUT NOT LIMITED TO, DUE TO ANY NEGLIGENCE, OF ANY SHIPPER AS PROVIDED ON THE LIST. THERE IS A $5.00 HANDLING COST, PER LOT FEE. AFTER YOU PAY FOR THE LOTS THEN WE WILL HAVE OUR SHIPPING DEPARTMENT SEND YOU A INVOICE WITH THE SHIPPING AMOUNT. WE USE ALL THE CARRIERS AND ALSO PASS ON OUR SAVING TO YOU. IF YOU CHOOSE TO HAVE IT SHIPPED VIA YOUR OWN CARRIER OR PICK UP - JUST EMAIL AT DANDELIONWISHESINCT@GMAIL.COM BIDDER MUST COORDINATE AND HANDLE ALL SHIPPING DETAILS. ITEMS MUST BE SHIPPED WITHIN TWO (2) WEEKS OF PAYMENT. ITEMS REMAINING IN OUR CUSTODY OR CONTROL AT THE EXPIRATION OF TWO (2) WEEKS PAST PAYMENT WILL BE SUBJECT TO STORAGE FEES OF NO LESS THAN $40. ALL STORAGE FEES MUST BE PAID BEFORE SHIPPER CAN PICK UP ITEMS. ITEMS UNCLAIMED AFTER 30 DAYS WILL BE CONSIDERED ABANDONED AND FORFEITED BY THE BUYER REGARDLESS OF PAYMENT STATUS. NO REFUNDS WILL BE ISSUED.