1. GENERAL TERMS AND CONDITIONS
1.1 Acceptance.
Please read the J&K Estate Sales’s Terms and Conditions (“Terms & Conditions”) carefully. By accessing www.jkestateauctions.com (“Website”)or by participating in an online auction, You signify Your consent to both these Terms & Conditions. These Terms & Conditions constitute a binding legal agreement between You as the user (“You”, “Your” or “Bidder”) and J&K Estate Sales, subsidiaries, affiliates, and Our commonly owned affiliated companies (Collectively, “J&K Estate Sales”, “We”, “Us” or “Our”). These Terms & Conditions set forth the legally binding terms for Your use of the J&K Estate Sales’s services and shall apply to all users of the J&K Estate Sales’s Website. By using this Website, You agree to and are bound by these Terms & Conditions and also acknowledge that: (1) You have had the opportunity to review the tutorials regarding the use of J&K Estate Sales included in the Buying section; (2) You have either reviewed the tutorials and information or have chosen not to do so; and (3) You have had the opportunity to ask questions regarding the use of J&K Estate Sales by telephone or email and to have those questions answered. Additionally, by accepting these Terms & Conditions, you as the User acknowledge that J&K Estate Sales is not the Owner or Seller of items contained in these online auctions. However, J&K Estate Sales reserves its rights to enforce all terms of sale included in accordance with the Terms & Conditions.
1.2 Additional Terms.
You may be required to agree to additional terms and conditions on a per online auction basis. These additional terms and conditions are located in the Auction Details on the online auction in which You choose to participate. These additional terms are hereby incorporated into the J&K Estate Sales’s Terms & Conditions as an integral part hereof.
1.3 Modification of Terms.
J&K Estate Sales may modify these Terms & Conditions at any time and such modification shall be effective upon being posted onto the J&K Estate Sales Website. You agree to be bound to any changes to these terms when You use www.jkestateauctions.com after any such modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes to them.
THESE TERMS AND CONDITIONS ARE LEGALLY BINDING AND IF YOU VIOLATE ANY PART OF THEM, J&K ESTATE SALES, AND/OR THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY J&K ESTATE SALES / AFFILIATES.
2. ACCESS AND USE OF THE WEBSITE
2.1 Website Access.
J&K Estate Sales hereby grants You permission to use the Website as set forth in these Terms & Conditions, provided that: (1) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by J&K Estate Sales; and (2) You will otherwise comply with the all terms or conditions set forth in these Terms & Conditions.
2.2 Use of the Website.
You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any and all content You may submit, post, or share via the Website. You may not use the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website outside the functions of the Website without first obtaining written permission from J&K Estate Sales and/or the Auction Manager. You will be responsible for ensuring that You do not violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or any other destructive code.
2.3 Bidder Number and Password.
(a) You will have to create a Bidder Profile in order to access some features of the Website. Never use someone else’s Bidder Profile without permission. You are responsible for maintaining the security of Your J&K Estate Sales Bidder Profile, password and any personal account information or purchase invoices. You are solely responsible and liable for the activity and purchases that occur under J&K Estate Sales will not be held responsible for Your losses caused by any unauthorized use of Your account; furthermore, you may be held liable for the losses to J&K Estate Sales or others due to such unauthorized use.
(b) It is J&K Estate Sale’s sole discretion to accept or decline the instructions of any individual who claims to be authorized to make direct changes to Your Bidder Profile account, so long as such the person presents the appropriate account information. We shall not be responsible for the actions made by any individuals who misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other appropriate identifying information.
(c) If Your Bidder Profile account has been compromised, it is Your responsibility to notify Us immediately of any unauthorized use on Your account.
3. REGISTRATION
3.1 Registration.
If You would like to participate in our online auctions, you must become a registered bidder and create a bidder profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process. Out of State BIDDERS must first contact the auction firm manager / auctioneer before bidding on titled assets, approval will be granted or denied on a case by case basis.
3.2 Requirements.
By using the J&K Estate Sales’s Website, you represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have full legal capacity to complete such contractual action without need for any additional approval or consents. If You do not qualify, you are not permitted to participate in our online auctions.
4. COMMUNICATION WITH YOU
4.1 Customer Service Contact.
To contact Our Customer Service - please use any of the options listed below:
1. Contact Us by Email: jkestatesalesllc@gmail.com
2. Contact Us by Phone: 330-283-0571 during the service hours of 10AM- 5PM (ET), Monday Through Friday. Please contact the Affiliate Company listed on the auction with specific questions about that auction.*
3. Contact Us by Mail: J&K Estate Sales LLC 860 Newton St Barberton, Ohio 44203 USA
*Our service hours may be reduced during certain national and/or religious holidays.
4.2 Email Communication.
J&K Estate Sales and our affiliates reserve the right to send messages to You to inform You of (a) Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the Website, the online auctions, the items, and/or these Terms & Conditions. Further, you consent to receive such emails at the email address You enter into Your Bidder Profile.
4.3 Telephone Communication.
By agreeing to these Terms & Conditions, you acknowledge that We and/or our affiliates may contact You via telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the foregoing) to discuss the Website, the online auctions, the items, or Your account and consent to such contact. Further, you consent to receive such phone calls at the telephone number(s) You enter into Your Bidder Profile.
4.4 Text Communication.
You may opt-in to receive watchlist and outbid alerts by text message during the registration process or in Your Bidder Profile. By opting-in for this functionality, you consent to receive text messages by automated means from J&K Estate Sales. Allowing these text alerts is not a condition of purchase. This service is free from J&K Estate Sales; however carrier message and data rates may apply. To take advantage of the J&K Estate Sales text messaging alerts, you must have a text messaging-enabled mobile device with a text messaging plan. The number for this device must be entered into the mobile phone text box in Your account information. All mobile carriers are supported.
4.5 Direct Mail Communication.
J&K Estate Sales and Our affiliated companies may send You promotional details for Our services which We believe may interest You. If at any time you do not wish to receive these communications, please e-mail us at jkestatesalesllc@gmail.com.
5. WARRANTY OF ITEMS
5.1 Warranty of Items.
(a) All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. All other guarantees of authenticity, expressed or implied, are hereby disclaimed.
(b) Dimensions given for the item(s) may be approximate measurements.
(c) CAUTION: Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please read the descriptions carefully to determine what is included in each lot. Items may be joined for demonstration purposes.
5.2 Physical Condition of Items.
J&K Estate Sales does our best to explain both the features and faults of an item within its description. We cannot ensure that our assessment of an item is the same as your assessment; J&K Estate Sales assesses the quality and condition of an item as described and stated by using the following “Standard Physical Condition Glossary”:
New In Box or Package: The item has never been open or used and is still sealed in original packaging.
Excellent (Like New): In unused, or like unused condition; some items may have been used but cared for so well that they appear unused.
Very Good: In slightly used condition; only very minor imperfections, which are only visible upon close inspection.
Good : Some signs of wear; may have some visible minor flaws, which are noted in description of the item, but in overall good condition.
Used / Untested : Signs of wear, may have issues and possibly needs work, please bid accordingly.
Fair: Visible problem(s); may be chipped, cracked, scudded, or stained but still functional.
Poor: Damaged or heavily used. We suggest an upcycle, repurpose, or restoration project.
Good for Age: Used with old or vintage items, where normal where and tear is expected and does not devalue item.
5.3 Working Condition of Items.
J&K Estate Sales / Affiliates does not guarantee the working order of any item to include clocks, watches, electronic, or mechanical devices.
5.4 Previews.
The sole purpose of a Preview is to give You the opportunity to see the item(s) in person before placing a bid. Previews will occur at the sole discretion of the auction manager, and times and availability will vary. Refer to the Auction Details section for preview availability. Please contact the Auction Manager should you have any questions or concerns about items in an online auction.
5.5 Changes in Circumstances.
All aspects of an online auction are subject to change without prior notice. J&K Estate Sales reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action J&K Estate Sales deems necessary to affect the fair conduct of a sale.
6. BIDDING INSTRUCTIONS
6.1 Binding Offer.
Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, you are contractually obligated to buy the merchandise at the price stated as Your bid, as well as pay all other applicable taxes and fees.
6.2 Participation.
IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS & CONDITIONS AND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED PRIOR TO BIDDING ADDITIONALLY. ENSURE THAT THE AUCTION PICK-UP DATE AND TIME WORKS WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid prior to the auction end time or bid while the auction is in the progress of closing. J&K Estate Sales / Affiliates cannot guarantee that You will be the winner of any item.
6.3 Placing a Bid.
You can place bids in two ways: (1) manually by entering a standard bid using the My Bid function, then clicking the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Max Bid function. The max bid function is a feature that bids on a lot automatically for You even when You are not online or logged in, up to the dollar amount entered. You can read more about the Max Bid function and how all other bidding features operate in the "Buying" and “Glossary” sections of this Website.
6.4 Bid Increments.
When placing a bid, bidding must increase by the following specified increments:
|
CURRENT BID |
INCREMENT |
|
$1– $20 |
$1 |
|
>$20 – $50 |
$2 |
|
>$50 – $100 |
$5 |
|
>$100 – $200 |
$10 |
|
>$200 + |
$15 |
6.4 Bidding Records.
Should a bid be placed within the last five minutes of a lot’s ending time, the ending time will automatically be extended up to five minutes from the time that bid is placed. The timer will continue to extend in the same manner until the bidding activity has stopped. An item closes when the timer on the lot hits zero. The winning bidder of an item is the last Bidder the bid history recorded before the timer hits zero.
6.5 Bid Notifications.
(i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. Outbid notifications can be received via email, text message or both methods. The notifications are sent until the lot is closed.
(ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. This email can never be disabled or unsubscribed. It will detail the date, time, location, and Bidder notes for the auction pick-up of Your winning items. It also serves as a helpful gateway to pay for Your purchase invoice online via credit card. If You feel You have won an item(s) and You have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification resent, please contact the Auction Manager. Please be aware that once the auction pick-up time has ended, we will no longer be able to send purchase notifications.
6.6 Bidding Errors.
We will not reverse bids that have caused another bidder to be outbid. Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids before submitted. If you bid on the wrong item we will not reverse your bid. We will not reverse bids after the auction has begun to close, no exceptions..
7. PAYMENT
7.1 Payment Types.
J&K Estate Sales / Affiliates accepts cash (USD), or VISA®, MasterCard®, and Discover® as acceptable payment for items purchased. You may be required to present current identification (such as a valid driver’s license or state ID) at time of pick-up. J&K Estate Sales / Affiliates accepts cash payments in USD only. Items will not leave the auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type restrictions for an entire auction or an individual item may apply; please read the Auction Details for additional terms..
7.3 Buyers Premium & Sales Tax.
If You are the successful Bidder, you agree to pay the amount of Your bid plus an 12% (twelve percent) buyer’s premium and any applicable state and local sales taxes.
7.4 Tax Exempt.
If You are a tax exempt Bidder, it is Your obligation to go to Your Bidder Profile and fill in Your tax exempt number. You will be contacted by Customer Service with further instructions to complete the tax exempt process.
7.5 Payment Instructions.
Payment must be made in full by the end of the stated auction pick-up time. You may pay for Your invoices in three ways: (1) via the Online Checkout or, (2) in person at the auction pick-up, or (3) via Square directly.
1. Payment via the Online Checkout: Should You choose to pay through the Online Checkout, you can access the system from Your Bidder Dashboard. Click “View” to select and view an Unpaid Invoice and then click “Pay Online”. To start the checkout process, select Your pick-up option from the drop-down menu: (a) Pick-up at the auction location; (b) Transfer items for an Alternate Pick-up location and/or time; (c) Ship Your items; (d) Donate/Forfeit Your items. Once You submit Your payment, you will receive Your payment confirmation. Please note that not all pickup options will be applicable for every auction and/or item.
(a). Payment via the Online Checkout is restricted to the acceptable credit card payment types.
(b). For convenient and frequent use, you may save Your credit card payment method(s) in Your Bidder Profile. Tip: Store Your method before you checkout to ensure your method is saved to Your account. J&K Estate Sales / Affiliates will never automatically charge the payment methods kept on file. It is safe to store Your payment methods on the J&K Estate Sales’s Website.
(c). For more information about the online checkout process, you may visit our “Buying” section for a tutorial video or detailed instruction.
2. Payment in Person: Paying in person at the auction location allows for all forms of payment types outlined in the payment term 7.1.
7.6 Liability Regarding Purchases.
Once the item(s) have been paid for by any means, You assume full risk and responsibility for the purchased item(s) unless otherwise noted as donated/forfeited.
YOU AGREE THAT J&K ESTATE SALES SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL J&K ESTATE SALES BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
7.7 Failure to Remit Payment.
Any items not paid for in accordance with the J&K Estate Sales Terms and Conditions will be forfeited by You and shall be deemed a breach of this Agreement. J&K Estate Sales may, in its sole and absolute discretion, resell the items or donate the items to a charity of J&K Estate Sales or the affiliate’s choosing. Any default in payment will be subject to interest and collection fees. J&K Estate Sales and/or its affiliates reserve the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. You bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that J&K Estate Sales and/or its affiliates may aggressively enforce its rights to the fullest extent of the law, including civil and/or criminal prosecution.
8. Pick-Up and Shipping Policies
8.1 Pick-up Policies.
(a)You must pick up your merchandise at the specified auction location and scheduled pick-up time. Refer to Your purchase notification for specific pick-up instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the auction manager prior to the pickup start time.
(b) Purchases will be released upon Your payment made in full of the entire invoice balance due.
(c) You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items. Removal shall be at the expense, liability, and risk of the purchaser. No assistance from the J&K Estate Sales / Affiliates team will be provided.
(d) If You are sending movers or anyone else on Your behalf to pick up Your items, please insure that they have the full payment due upon arrival or a Your paid receipt at the pickup location. Otherwise, no items will be released.
(e) Any item NOT picked up by the set time will be considered abandoned, abandoned items will incur a abandonment fee as stated in the auctions description policy.
(f) If you present a hazard to yourself, the building or others at the auction you may not be permitted to move items.
8.2 Shipping Policies.
(a) Item shipping availability is stated in each Item Details section. To request shipping, You must contact the auction manager directly prior to pick up. The Auction Manager will use reasonable efforts to provide a shipping quote within 24 hours. Shipping payment must be paid in full before items will be shipped. J&K Estate Sales assumes no liability for any damages to item(s) that may occur during the shipping process. Any shipping claims should be made directly with the shipping carrier.
(b)You may make Your own arrangements to have Your items picked up and shipped by the agent of your choosing. However, this must take place during the scheduled pick up times and J&K Estate Sales must receive invoice payment prior to releasing Your items.
9. Termination
9.1 Termination.
J&K Estate Sales reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other users or third parties. In the event of termination by J&K Estate Sales in connection with Your breach of these Terms & Conditions, J&K Estate Sales may pursue any remedy that may be available, at law or in equity, with respect to such breach. Regardless of the reason for any termination, You agree that if J&K Estate Sales, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, J&K Estate Sales may cancel all current bids placed, withhold merchandised not picked up, or otherwise retain any and all of Your pending transfers and/or shipped merchandise. Upon a termination You agree to pay J&K Estate Sales for all outstanding unpaid invoices through the date of termination.
10. Indemnification
10.1 Indemnity.
You agree to indemnify, defend, and hold J&K Estate Sales and its members, managers, directors, employees, agents, affiliates and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (a) Your use of J&K Estate Sales or any of the services offered by J&K Estate Sales, (b) any violation of these Terms & Conditions by You or any person acting in collusion with You, (c) any violation of applicable law or court order by You, and (d) any negligence or willful misconduct by You.
11. Events Beyond Control
11.1 Interruption of Service.
J&K Estate Sales shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge that all auctions are conducted electronically and rely on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend bidding and/or re-sell any item/lot affected by any malfunction. The decision of J&K Estate Sales shall be final.
11.2 Temporarily Suspended Auctions or Lots.
When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest Bidder will be recorded. Temporarily suspended auctions and lots will be clearly indicated when applicable.
11.3 Liability Regarding Unforeseeable Events.
Under no circumstances shall J&K Estate Sales be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of J&K Estate Sales. This includes, but not limited to, any third party associated with J&K Estate Sales or the services provided by J&K Estate Sales.
12. Trademark
12.1 Trademark.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to J&K Estate Sales or are used with permission. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website. Your use/misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that J&K Estate Sales will aggressively enforce its intellectual property rights to the fullest extent of the law.
13. Affiliates
13.1 Established Affiliates.
J&K Estate Sales may, from time to time, give general guidance to its affiliates, in the daily operation of its business affairs and assist in marketing through the use of its website www.jkestateauctions.com. However, each Affiliate remains its own separate entity and is independently owned and operated.
15. Governing Law
15.1 Governing Law.
These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio. Auctions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county in which the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgement on the decision rendered by the arbitrator, may be entered in any court having jurisdiction therefor. In any litigation, arbitration, or other legal proceeding which may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys’ fees incurred in any dispute through arbitration and appeal of and final judgement in addition to any relief to which such party may be entitled.