THE FOLLOWING DESCRIBES THE TERMS ON WHICH SHAWN’S FLEA MARKET OFFERS YOU ACCESS VIA THE SHAWN’S FLEA MARKET.COM WEB SITE TO AUCTIONS CONDUCTED IN THE SALES ROOMS OF PARTICIPATING AUCTION HOUSES (“AHs“) AND PRESIDED OVER BY AN AUCTIONEER (EACH A “LIVE AUCTION” AND TOGETHER “LIVE AUCTIONS“).
The entity you are contracting with is the same entity you’re in contract with for the Shawn’s Flea Market User Agreement (the “ User Agreement“) to which you’ve already agreed. These Live Auction Terms and Conditions (the “Terms and Conditions“) supplement and are made part of such User Agreement which contain additional and different terms and conditions applicable to your usage of the Live Auction services we host and participation in Live Auction events conducted by the AHs. The User Agreement is incorporated herein by reference. Please be advised that the User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions in the User Agreement). It also contains an Agreement to Arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section B (“Agreement to Arbitrate”) of the Legal Disputes provisions in the User Agreement). In the event of any conflict between these Terms and Conditions and the User Agreement, these Terms and Conditions shall govern.
We may amend these Terms and Conditions at any time by posting the amended terms on our site. All amended terms shall automatically be effective once they are posted on our site. These Terms and Conditions may not be otherwise amended except in a writing signed by you and Shawn’s Flea Market Inc.
- Eligibility. Each AH that conducts a Live Auction may have its own eligibility requirements that must be met in order for you to participate in that Live Auction. You may be required to register and obtain approval in order to participate in a specific Live Auction. Approval to participate in one Live Auction does not guarantee approval to participate in any other Live Auction, conducted either by that AH, or another AH. Each AH has sole discretion to refuse to approve your eligibility for any Live Auction.
- Fees. Each AH may charge a buyer’s premium (which is an additional fee that a winning bidder is required to pay above the auction price) as well as shipping, handling, and other fees. These fees are subject to change depending upon the AH and the particular item for sale, and are set by the AH.
- Shawn’s Flea Market is Only a Venue.
- Services. We are neither an auction house nor an auctioneer and are not conducting the Live Auctions. Our service allows you to participate in Live Auctions conducted by the AHs. We are solely a passive conduit to facilitate communication between you and the AH. We do not intend to create an agency relationship, nor is one created. We reserve the right, in our sole discretion, to change or discontinue some or all of our services at any time.
- Control. We have no control over the existence, quality, authenticity, safety or legality of the items advertised, the truth or accuracy of the AHs’ content or listings, the ability of AHs to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.
- Release. In the event that you have a dispute with an AH, you release Shawn’s Flea Market (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Auction Houses. AHs may from time to time list items for auction for approved and registered participants to bid on. Auction dates and times, as well as the number, character, and order and schedule of the items to be auctioned are set by the AH and are subject to change without notice. Individual lots and items may be modified or changed at any time. Some lots and items that are made available by the AHs on the auction floor or on their own or third party websites will not be included in the online Live Auction services. We do not control the information that is provided by AHs and which is made available through our system. We do not guarantee that the AHs maintain proper auctioneer’s licenses or comply with all applicable laws.
- Absentee Bidding. In the event that you choose to participate in a Live Auction using absentee bidding, rather than real-time interactive bidding, you agree that we will use our software tools to place bids on your behalf using the bid increment amount, which is based on the current high bid. We will bid only as much as necessary, up to your maximum bid amount, to make sure that you remain the high bidder. Your absentee bid works like any other maximum bid on the Shawn’s Flea Market site, except that absentee bidding is blind (i.e. you won’t know that you’re the highest bidder or if you have been outbid by another absentee bid), a buyer’s premium will be added to your absentee bid and all bids have to be on-increment. Absentee bidding ends when a Live Auction starts.
- Bidding, Buying and Conditions of Sale. The terms and conditions for participation in each auction and the conditions of sale specific to each Live Auction event for each AH will be posted by the AH (the “AH Terms and Conditions“). These Terms and Conditions, in addition to those AH Terms and Conditions where applicable, govern your bidding activity as well as your participation in a Live Auction. The AH acts as an auctioneer and has the final determination with respect to the bidding on the item and the sale of the item.
- Video and Audio. Any audio or video aspects of a Live Auction are for entertainment purposes only. You should not rely on either for purposes of participating in an auction.
- Privacy. Any information you provide to us and your use of information available on our website is governed by our User Privacy Notice. Any information you provide to an AH or other third parties is governed by their respective privacy policies.
- No Warranty. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN THE USER AGREEMENT, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT BIDS WILL BE RECEIVED BY THE AH OR INFORMATION REGARDING CURRENT PRICE WILL BE TRANSMITTED IN A TIMELY FASHION, NOR DO WE GUARANTEE THE PERFORMANCE OF ANY OBLIGATIONS BY AN AH. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
- Limitation of Liability. IN ADDITION TO THE EXCLUSION OF DAMAGES SET OUT IN THE USER AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSBILE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS OR OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT OR CONSQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM OUR SITE, OUR SERVICES, THE FAILURE OF ANY BID OR PRICING INFORMATION TO BE TRANSMITTED OR RECEIVED BY YOU OR THE AH IN A TIMELY MANNER, THE INTERRUPTION OF ANY DATA TRANSMISSION, AUDIO OR VIDEO BROADCAST, OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). REGARDLESS OF THE DISCLAIMER OF WARRANTIES AND EXCLUSION OF DAMAGES CONTAINED IN THE USER AGREEMENT AND THESE TERMS AND CONDITIONS, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) ANY AMOUNTS DUE UNDER THE SHAWN’S FLEA MARKET MONEY BACK GUARANTEE POLICY UP TO THE PRICE THE ITEM SOLD ON SHAWN’S FLEA MARKET (INCLUDING ANY APPLICABLE SALES TAX AND BUYER’S PREMIUM) AND ITS ORIGINAL SHIPPING COSTS; (B) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (C) $100.00. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.