Master buyer agreement

Master buyer agreement

General
This Agreement (and the auctionhood Auctions Website Terms of Use and auctionhood Privacy Policy which are incorporated herein) (together “Terms”) sets forth the terms and conditions that govern the relationship between auctionhood (“auctionhood”) and you (“you” or “Buyer”) with respect to process, terms and conditions under which you may bid, offer to purchase or otherwise participate as a potential buyer in auctionhood Auctions for items such as but not limiting to IT products, software, electronics, Furnishing, home decor, fashion or other similar items (collectively “Property”) on auctionhood’s websites (auctionhood.com, auctionhood.in, and all other related websites) (collectively, the “Site”). If you wish to access or use the Site to bid on or offer to purchase any items of Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THIS AGREEMENT CAREFULLY, AS WELL AS THE AUCTIONS WEBSITE TERMS OF USE AND THE PRIVACY POLICY. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. We reserve the right to modify or amend these Terms (including, but not limited to, the amount of the Buyer’s Premium) without notice. Changes are effective when posted and your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.
The auctionhood Auctions portion of the Site provides a venue and mechanism for sellers & auctionhood partners (“Sellers”) to conduct auctions for items of Property posted by them on the Site and for bidders to bid for them. As such, auctionhood will act as a fulfillment platform to the actual transactions between buyers and sellers ensuring that interests of both the parties are secured till the transaction is completed. Sellers are aditionally subject to a Master Seller Agreement,
Use of the auctionhood Auctions portion of the Site and the Services is limited to Buyers and Sellers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not offer to sell or sell, or bid on or offer to purchase items of Property through the Site. Every Buyer and Seller who uses the Services hereby represents and warrants to auctionhood that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement. If in our opinion you do not satisfy our bidder identification and registration procedures, including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to register you to bid or permit your participation in the sale and if you make a successful bid, we may cancel the contract for sale between you and the seller.
Use of the Site to Bid and Buy
You may bid on or offer to purchase items of Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:
  • You must honor all bids placed in an auction, and are obligated to complete the transaction with the respective seller if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You also agree to pay the Buyer’s Premium to auctionhood with respect to any auction item for which you are the winning bidder (See Buyer’s Premium below). You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
  • You understand that some lots are offered with a reserve price, the confidential minimum price agreed upon with the seller below which the work may not sell, and that auctionhood may, in its own discretion, protect the reserve price by placing bids on the seller’s behalf up to the amount of the reserve price.
  • You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, applicable taxes, shipping and handling fees, and auctionhood’s Return Policy.
  • You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by auctionhood in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact auctionhood immediately after placing a bid to retract any bids made in error.
  • Auctions are extended when a bid is made 5 minutes before the auction ends. The auction closing is postponed for 5 minutes and may be the case several times until a one minute period has lapsed without bidding, at which point the auction closes.
  • Buyer is responsible for paying all applicable taxes on the winning bid amount, Buyer’s Premium, and/or any other charges related to the lot.
    You should consult your own independent tax advisor with any questions. [auctionhood is not obligated to determine whether any taxes apply and is not responsible to collect, remit, pay or report any taxes arising from any such sale transaction.
  • You are responsible to pay all wire fees related to purchase transactions conducted by you through the Site. auctionhood reserves the right to charge your credit card on file for any wire fees on behalf of the seller.
  • By bidding, you agree that auctionhood may, at its sole discretion, elect to facilitate a transaction between Buyer and Seller by passing the transaction through auctionhood’s escrow. In such event, Buyer and Seller agree to complete the transaction in that manner. Any such election is at auctionhood’s sole discretion and under no circumstances shall auctionhood be required to offer its escrow services or be liable to any party if it refuses to do so.
  • The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing Property.
  • You will not allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. auctionhood will not be held liable for any activity resulting from compromised account information.
  • You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
  • Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you through the Site except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our Terms of Use and/or Privacy Policy.
  • You will immediately notify auctionhood if you suspect that your information or data has been compromised.
  • You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.
  • Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
Buyer’s Premium
When you are the winning bidder, auctionhood will charge you, and you will be responsible for a buyer’s premium, which is currently an additional upto 20% (or as agreed) of the winning bid amount on all lots or the Purchase Now price if you have elected that option. The buyer’s premium is based on the winning bid. This Buyer’s Premium will be incurred upon the completion of the applicable auction and is non-refundable, except as set forth herein.
The applicable Buyer’s Premium will be charged to your credit card on file with auctionhood and you hereby authorize auctionhood to charge such credit card upon the completion of any auction in which you are the winning bidder. auctionhood also reserves the right to invoice you for the Buyer’s Premium payable by you hereunder. In such event, you will pay the Buyer’s Premium owed to auctionhood upon receipt of any invoice therefor. auctionhood reserves the right to deliver any invoice to you by: (i) posting an invoice to your account section of the Site; (ii) emailing an invoice to you at the address you have provided in your account settings; or (iii) mailing an invoice to the address provided by you at registration to the Site, as such may be updated from time to time by you in accordance with the procedures designated on the Site. Transmission of any invoice in this manner shall constitute receipt. Additionally, you agree not to interfere with the billing process or attempt to circumvent the Buyer’s Premium in any way.
Unless otherwise stated, the Buyer’s Premium shall be paid in agreed currency. auctionhood reserves the right to collect on accounts due by various means, including but not limited to, the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to auctionhood hereunder. auctionhood reserves the right to charge Buyer storage fees for any Property left in auctionhood’s physical possession more than 30 days after purchase.
In the rare event Seller is unable or otherwise fails to consummate the sale in which you were the winning bidder, you may be able to request a refund of all or part of any Buyer’s Premium paid by you with respect to such sale. Any request for a refund of the Buyer’s Premium must be made within 60 days of the conclusion of the applicable auction. Any refund of the Buyer’s Premium shall be made at the sole discretion of auctionhood. Under no circumstances shall a refund of the Buyer’s Premium be issued in the event that you were the winning bidder and then failed to contact the Seller, pay the Seller, or come to terms with the Seller regarding shipping or any other item.
Purchase Now, After-Sales and Private Sales
A purchase made on auctionhood’s “Purchase Now” option is subject to these Terms as if it were the winning bid at auction. In the event that a lot remains unsold at the close of an auction and you make an offer through auctionhood to purchase the work that is accepted by the Seller, you shall pay auctionhood a Buyer’s Premium of an additional upto 20% (or as agreed) of the agreed purchase price (or such other premium as shall be agreed upon between auctionhood and Buyer in writing in advance) and the transaction shall be governed by the terms of this Master Buyer Agreement. All private sales are governed by any agreement entered into between auctionhood and the Buyer for each particular private sale. To the extent they are not in conflict, the terms of the Master Buyer Agreement shall be incorporated therein.
Shipping and Escrow
auctionhood may from time to time contract with outside vendors for such services as crating, shipping and escrow payment (“Designated Vendors”). To the extent that auctionhood determines, in its sole discretion, that the use of Designated Vendors’ services is mandatory in connection with any transaction entered into through the use of auctionhood’s Site and Services, the applicable procedures and terms of use will be made available on the Site. Buyer acknowledges and agrees that, in the event Buyer is the successful bidder or purchaser of Property, Buyer will use the Designated Vendors’ services to affect the transaction, and will comply with auctionhood’s and Designated Vendors’ procedures and terms of use therefor.
Sale Cancellation
In the event that you are the winning bidder and fail to complete the sale for any reason, including but not limited to failing to contact the Seller, pay the Seller, or come to terms with the Seller regarding shipping, auctionhood has the right to retain the buyer’s premium.
In the event that you are the winning bidder and do not initiate payment within two weeks after the sale closing, auctionhood reserves the right to cancel the sale on behalf of the seller and retain the buyer’s premium.
auctionhood reserves the right to collect on accounts due by various means, including but not limited to, the use of collection agencies, legal counsel, and direct charge to payment methods that are on file. You will be responsible for all costs of collection (including reasonable attorneys’ fees) in the event you fail to pay any amounts due to auctionhood hereunder.
Use of Content
You, the Buyer, grant to auctionhood and its affiliated entities an irrevocable, non-exclusive, worldwide, royalty-free, perpetual license and right to publish, reproduce or otherwise use all materials, text, information, images, photographs or other content, including prices, of any item purchased by you through the Site (collectively, the “Materials”) for all purposes, in any medium whatsoever. You agree that you as the Buyer will not seek and do not expect any compensation for auctionhood’s use of any such Materials.
Monitoring, Investigation and Disclosure
auctionhood has the right, but not the obligation, to monitor any activity and content associated with the Site. auctionhood may, but shall not be obligated to, investigate any reported violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Auction Website Terms of Use) or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including bids, all of which may be taken by auctionhood without liability to you or any other person or entity. auctionhood reserves the right and has sole discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In addition, auctionhood may, in its sole discretion, remove any item of Property or cancel any auction in progress that it determines has been posted on the Site in violation of this Agreement or any of its policies and guidelines (including, without limitation our Privacy Policy and Auction Website Terms of Use). In the event of a removal or cancellation, auctionhood will not have any liability to you, any seller or any other person or entity with respect to the offer of such item or the cancellation of the auction. auctionhood also reserves the right to terminate this contract or to suspend use of the Site and/or Service to any user at any time and for any reason without notice or explanation.
All information we collect on this Site is subject to our Privacy Policy. By using the Site you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Further, as permitted by applicable law, auctionhood also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect auctionhood’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, auctionhood’s business and systems or other purposes deemed reasonable by auctionhood, auctionhood may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
Indemnification
You agree to indemnify, defend and hold harmless auctionhood, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services (including without limitation any claim related to any Property bid on or purchased by you on the Site); (ii) any negligence, willful misconduct or any breach of this Agreement and any terms and/or policies incorporated by reference herein (including without limitation, breach of any warranty, covenant or obligation hereunder by you); (iii) your violation of any State, Federal, Foreign or International laws, codes or regulations; and (iv) your violation of any third party’s rights, including but not limited to, infringement of copyright, violation of any proprietary right or invasion of any privacy rights. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. auctionhood reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of auctionhood.
Disclaimer of Warranties
auctionhood does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. auctionhood reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS. THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF 18.
NEITHER auctionhood NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
International Residents
auctionhood makes no representation that any Property offered for auction or sale on this Site or purchased by you on this Site may be legally exported from the country of location of the Property or imported into any other country, including that of Buyer. Buyer and Seller are responsible for obtaining and completing all necessary import and export forms, permissions, licenses in conformance with the law of the applicable location to effectuate the transactions contemplated by this Agreement.
Survival
The following Sections survive any termination of this Agreement: Use of the Site to Bid and Buy; Buyer’s Premium; After-Sales and Private Sales; Shipping and Escrow; Use of Content; Monitoring, Investigation and Disclosure; Dispute Resolution; Indemnification; Disclaimer of Warranties; Release; International Residents; General Provisions.
General Provisions
These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflicts of laws provisions. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION PRESIDED OVER BY AN OFFICIAL APPOINTED BY auctionhood AND THE SAME SHALL BE BINDING UPON BOTH THE PARTIES. EITHER YOU OR auctionhood MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION. IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR auctionhood PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
These Terms constitute the entire agreement between you and auctionhood with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. You shall not assign these Terms to any other entity or person without the prior written consent of auctionhood. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or auctionhood of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to auctionhood must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective heirs, executors, beneficiaries, successors and assigns.