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Terms and Conditions
“Bidder” means the party or parties that have agreed to all Terms and Conditions set forth within this agreement, including assuming the role of Purchaser, once a bid has been realized and the Goods sold.
“Auction” means the competitive process via bidding employed by Zaks Auctions to determine a purchaser for the goods.
“Goods” means the goods offered for sale in the Auction by Zaks Auctions through the registered website.
“Purchaser” means the party or parties that have legally entered a binding contract with Zaks Auctions, who were the successful bidders of the Goods in the Auction and who have agreed to make payment and take title of the Goods.
“Service” means Zaks Auctions through the registered website, is something that is supplied to bring together the Consignor and the Bidder thus the Purchaser, without revealing the identity of either party, in contract
Zaks Auctions ONLINE AUCTION TERMS AND CONDITIONS OF USE
1. User Registration
Use of the Service is limited to persons who lawfully enter into and form contracts with Zaks Auctions. Without limiting the generality of the foregoing, the Service is not available to persons under the age of 19 or to persons whose use of the Website has been terminated.
You are responsible for ensuring that your registration information is complete and accurate, and is kept current. You may not register or make bids under a false name or using false information. Any false, inaccurate or misleading information in your registration will be considered a breach of these Terms and Conditions.
You are responsible for keeping your chosen password secret. You are also responsible for all the activities which are undertaken using your registration information. This includes your cat walking on your keyboard or mobile device, this also includes unsupervised children who click buttons while you are logged in, this includes any and all activity, understood or misunderstood.
2. User Conduct
You are strictly prohibited from interfering with another user's transaction, placing bids or causing bids to be placed on any item for the purpose of artificially increasing the bid price of any item listed on the Auction, otherwise manipulating the bidding process, or influencing user behaviour on the Auction. By binding contract, the Consignor if forbidden from placing bids on their own consigned items.
3. Proxy Bids
a) The Service includes a process called "Proxy Bidding", which you may elect to use when entering a bid. Proxy bidding is an automatic bidding system. When you place a proxy bid, you enter the maximum amount you would be willing to pay for the Good(s). Your maximum amount is kept confidential from other bidders and Zaks Auctions. The Service compares your bid to those of the other bidders and automatically places bids on your behalf based on the minimum bid increments specified for the Good(s), and using only as much of your bid as is necessary to maintain your high bid position. The Service will continue to automatically bid up to your maximum amount. If another bidder bids a dollar amount that is higher than your maximum amount, you will be outbid and notified via email or text, if that option has been selected. If no other bidder submits a higher bid than your maximum amount at the time of closing, the Good(s) will be sold to you.
b) Proxy Bids on auctions with a Reserve bid amount In the event your maximum proxy bid meets or exceeds the auction reserve amount, the reserve amount will be met immediately and bypass the increment process. Once the reserve price is met, the bidding will resume to the increment process.
4. Personal Information
Zaks Auctions through the Service, collects the following personal information under section 26 (c) of the Freedom of Information and Protection of Privacy Act, which is necessary for the operation of the Service:
• personal information supplied to register as a Service user (identifying information
supplied to obtain a User ID); and
• personal information collected through your use of the Website and the Service
including your IP address, your domain name, date, time, elapsed time, type of
request, files requested, and bytes received and sent to you.
In compliance with section 32 of the Freedom of Information and Protection of Privacy Act, this personal information will be used to:
• identify Service users and track bids made through the Service;
• contact Service users for the purposes of correcting e-mail routing or other
system delivery errors;
• improve the Website's functionality and design;
• ensure you have access to appropriate information and services;
• obtain your feedback on the Website and the Service; and
• collect usage statistics and trends.
For more information about how personal information is collected, used and disclosed by the Zaks Auctions user Service system, please contact the Live Auction World (iCollector) help desk at 1-866-313-01234 or for more information about the Freedom of Information and Protection of Privacy Act, click on the following link: http://www.oipc.bc.ca.
Zaks Auctions retains the copyright in its logos and design marks, and all documents made available to you through your use of the Service and the Zaks Auctions website, including all Intellectual Property that has been expressed via contract, written content and orally.
6. No Warranties on Service
The Service is provided "as is" without warranty of any kind, including warranty of fitness for a particular purpose. Zaks Auctions or the Service does not warrant the accuracy or the completeness of the Service, or that the Service will function without error, failure or interruption.
7. Limitation of Liability
No action may be brought by any person against Zaks Auctions for any loss or damage of any kind caused by any reason or purpose including, without limitation, reliance on the functioning of Service, shipping or careful moving of Good(s) with the intent of releasing the Good(s) to the Purchaser.
8. Discontinuance of Service
Zaks Auctions may discontinue the Service at any time without giving you notice.
9. Withdrawal of Registration
You may withdraw your registration as a user of the Service by calling 1-866-313-0123 or visit here:https://www.liveauctionworld.com/help.aspx?p=faq
10. Remedies Available to Zaks Auctions
If you breach any of these Terms and Conditions, Zaks Auctions, in its sole discretion, may take any steps that it determines are necessary in its sole discretion, including but not limited to a warning, removal of your bids, and termination of your use of the Service, use of a Third Party Collection Agency, any or all legal action within the rights of the binding agreed contract
11. Purpose of Service
The Service is provided only for the purposes of viewing and bidding on goods offered on the website and cannot be used for any other purpose.
Zaks Auctions ONLINE AUCTION CONDITIONS OF SALE
1. Bidder and/or Purchaser Obligation to Complete Transaction
You are obligated to complete the transaction if you are the Purchaser of the Goods at the close of the Auction.
2. Condition of Goods
The Goods are offered for sale "as is". The description of the Goods is based on the information supplied to Zaks Auctions. However, Zaks Auctions makes no representations or warranties, expressed or implied, as to the quantity, kind, character, quality, weight, size or description of the Goods, or the condition, performance, merchant-ability or fitness for any use or purpose. It is the Purchaser's responsibility to make all necessary inquiries regarding the Goods. The Purchaser is deemed to have relied entirely on the Purchaser's own inspection and evaluation. It is up to the Purchaser to ask any and all questions surrounding the Good(s) prior to placing a bid, and having a bid resulting in a Purchase, Sale of Good(s).
3. Title and Ownership
Unless otherwise noted in these Conditions of Sale, title to and ownership of the Goods sold will transfer to the Purchaser as and when payment is received.
This "Conditions of Sale" document, together with Zaks Auctions online auction invoice received via email, constitute the entire agreement with respect to the Goods purchased between the Purchaser and Zaks Auctions. Time will be deemed to be of the essence in all respects.
5. Adjustments and Withdrawals
Zaks Auctions reserves the right to withdraw from sale any Goods which have not been removed by the Purchaser without incurring any liability except as provided in this paragraph. If, through withdrawal, loss or error, the Goods cannot be transferred to the Purchaser, Zaks Auctions's liability will be limited to a refund of the purchase price, or such portion as Zaks Auctions, in its sole discretion, determines to be equitable.
a) The Purchaser shall make all payments within 3 business day of receiving their online auction invoice. Payment shall be in the form of E-Transfer, Paypal, Paypal, Visa, Visa Debit, and Mastercard. Please be sure to note, if you are not paying by E-Transfer, you will be subject to a 3% electronic processing fee. All payments will be in Canadian funds
b) Payments over $5000.00 are subject to payment by certified cheque or Canadian bank draft, or as otherwise set out in auction details, unless there has been a previous agreement set up between Zaks Auctions and the Purchaser.
c) All sales and associated fees will be subject to the Goods and Services Tax and Provincial Sales Tax, as applicable at the time of sale, in accordance with the Excise Tax Act.
8. Failure to Remit Payment
If the Purchaser's offer is accepted by Zaks Auctions, and for whatever reason the Purchaser fails to remit payment in accordance with these Conditions of Sale, Zaks Auctions may cancel the sale, resell the Goods and the bidder: (a) forfeits the Goods and any money paid to Zaks Auctions; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Zaks Auctions retains the right to remove the Purchaser's name from the bidders list and refuse any further bids on the Service website from the Purchaser.
Unless otherwise provided in the description of the Goods in the Auction, the Purchaser, upon acceptance of the Purchaser's offer by Zaks Auctions will at Purchaser's expense, pack, load, and remove the Goods within five (5) business days after payment has been made in full, with proof of paid in full. This includes all fees associated with shipping and handling, which will be quoted and invoiced to the Purchaser.
10. Failure to Remove
Should the Purchaser fail to remove the Goods in accordance with these Conditions of Sale, in addition to any other remedies, Zaks Auctions may cancel the sale, resell the Goods and the bidder: (a) forfeits the Goods and any money paid to Zaks Auctions; and (b) is responsible for any deficiency and all costs (including advertising, handling and storage) associated with re-selling the Goods. In addition, Zaks Auctions retains the right to remove the Purchaser's name from the bidders list and refuse any further bids on the Service website from the Purchaser.
In order to pick up a Zaks Auctions Online Auction item the Purchaser must present the online auction PAID invoice.
Where the results of an auction present as irregular, in the sole judgment of the Zaks Auctions, goods will not be shipped nor released until such time as the Purchaser provides identification and evidence of proper authorization to use the method of payment that was used to remit payment for the auction. In the event that the purchaser cannot provide evidence of identity or authorization, the auction will be nullified, and payment refunded by the same process in which payment was remitted.
Acceptable forms of identification are those pieces of identification that are issued under government authority, and show a picture, name, address and signature together.
12. Damage to Property
The Purchaser will be responsible for any damage to property resulting from the removal of the Goods sold.
13. Limitation of Liability
Zaks Auctions is not responsible for any claims, demands or actions of any nature that may be suffered by the Purchaser, the Purchaser 's employees, subcontractors or agents, in relation to the Goods including the sale, handling, removal, use, dismantling, decontamination or destruction of the Goods. The Purchaser agrees to hold harmless Zaks Auctions and its employees, subcontractors and agents for any and all claims, demands and actions, in relation to the Goods, for which the bidder is legally responsible, including those arising out of the negligence or wilful harm of the Purchaser, the Purchaser's employees, subcontractors or agents.
One of three shipping arrangements will be applicable to Goods purchased:
a) If Prearranged Shipping is available for the Goods the cost for shipping will be detailed in the listing for the Goods.
(b) Arranged Shipping is available for Goods where the cost cannot be determined until the destination of the Goods is known. You will be advised of the shipping costs prior to paying for the Goods and you can elect whether you want to have Zaks Auctions provide packaging and shipping or not when you checkout.
(c) Where No Shipping is available, packaging and shipping of the items and all associated costs are your responsibility. These Goods must be collected by you within 5 days of auction end.
15. Additional Conditions
Any additional conditions that apply to this sale will either be contained in the description of the Goods as set out in the Auction or may be appended to these Conditions of Sale as Appendix 'A'.