Terms & Conditions
INCORPORATED UNDER THE CANADA BUSINESS CORPORATIONS ACT
BUYER TERMS AND CONDITIONS
Last Updated: December 4, 2020
PLEASE READ THIS DOCUMENT CAREFULLY PRIOR TO BIDDING! THESE TERMS AND CONDITIONS (“TERMS OF SERVICE”) APPLY TO USERS OF THE MAXSOLD SERVICES (AS FURTHER DESCRIBED HEREIN) WHO WISH TO BID ON ITEMS AT AUCTION ADVERTISED THROUGH OUR WEBSITE AT WWW.MAXSOLD.COM (THE “WEBSITE”). IF YOU ARE A SELLER, OR AN AGENT FOR A SELLER OR FOR A SELLER’S ESTATE, PLEASE CONTACT MAXSOLD INCORPORATED, A COMPANY INCORPORATED UNDER THE CANADA BUSINESS CORPORATIONS ACT (“MAXSOLD”, “WE”, “US”) TO RECEIVE THE TERMS APPLICABLE TO OUR SERVICES FOR SELLERS.
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE SERVICES AND BY ACCESSING, BROWSING AND USING THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR THE SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER AND CREATE AN ACCOUNT ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.
IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.
PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY MAXSOLD IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, MAXSOLD will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have already registered and created an account on the Website, we will provide notification of the revised policy, which will be visible when you next log in to use the Services. Any changes to the Terms of Service will be effective immediately for your first opening bid after the Terms of Service is updated. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Website and/or the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE
BID PROCESS TERMS
THE SERVICES. Maxsold is a technology provider of an online auction/bidding site, an operator of managed bids on behalf of certain sellers (“Maxsold Managed Auctions”) and an intermediary and provider of certain platform services for other sellers who manage their own auctions or the auctions of third parties (“Seller Managed Auctions”). For the avoidance of doubt, Maxsold acts as a conduit and facilitator of transactions and all transactions conducted through the Services for the sale and purchase of items are concluded between buyers and sellers, not with Maxsold.
REMOVAL/PICKUP OF ITEMS: WE DO NOT SHIP. DO NOT BID IF YOU CANNOT ATTEND (or arrange for) PICKUP AT THE PUBLISHED PICKUP DATE/TIME/LOCATION. Items not picked up will be considered abandoned without refund and your bidding privileges may be revoked. WE DO NOT SUPPLY tools, packing material or assist with moving your purchases. PLEASE BRING HELP to move large items. You are responsible for DAMAGE TO PROPERTY caused directly by you or your help with the repair costs being charged to your credit card. DO NOT BRING PETS AND YOUNG CHILDREN to the pickup as the movement of household items presents an extremely high risk environment that could result in injury or death. All buyers must show a copy of the invoice (digital or hard copy), and must be prepared to show photo ID and the credit card used for purchases over the threshold listed on the invoice or the terms and conditions of the specific auction, before items will be released.
BILLING/INVOICING: REGISTRATION IS FREE with NO CREDIT CARD CHARGES UNLESS YOU WIN A BID. A pre-authorization (hold) for $1.00 is done to validate the credit card(s) on file but this hold will drop after a few days (as it is not a charge). If you are the winner on an item(s) after an auction closes, we charge the credit card the highest bid price plus a 15% BUYER’s PREMIUM and applicable retail sales taxes on top. Invoices for the winning bidders will be available in their bidder profile shortly after closing. Invoices not paid in full prior to the start of pickup will mean the purchased lots are considered abandoned and may be dispersed in any way the seller and/or we deem appropriate. You will be prohibited from bidding on future auctions until such time as your account is in good standing with MaxSold.
CONTRACT FOR PURCHASE; FINALITY OF BIDS: Bids cannot be removed/retracted by you once submitted as each one is a legal offer and commitment to buy the item from the applicable Seller at the offered price unless or until it is outbid by another prospective buyer. If you are the winning bidder you will be notified and at the point that your bid offer wins, a binding contract of sale and purchase is concluded between you and the Seller, not between you and Maxsold. Maxsold is not liable for any non-delivery of items by a Seller nor is Maxsold liable for any other acts or omission of Sellers. Any disputes relating to the purchase of items through the Services should be addressed in the first instance by contacting us (see further section 23 below). You can review your bids at any time by clicking ‘My Account’ and then ‘My Bids’ in your profile. You may adjust your MaxBid at any time in your My Bids page provided it is not yet the highest bid.
CLAIMS: ENSURE YOU INSPECT items at pickup (and preview if available) and IMMEDIATELY inform the Maxsold team (or Seller if an auction is Seller Managed) of any issues related to mis-cataloging. Please note that the vast majority of items will be in used condition and all items are offered in “AS IS WHERE IS” condition). By departing from the pickup site you are deemed to have all your items and that you are satisfied with them. NO CLAIMS ARE PERMITTED AFTER REMOVING ITEMS FROM THE PREMISES as item condition issues cannot be validated once items are released into your possession. If required, bring an expert to validate purchases at pickup. We are not responsible for the acts or omissions of the Seller.
CONDITIONS OF ARTICLES SOLD: All items are sold “AS IS, WHERE IS.” We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. UNLESS authentication is provided, all items are sold without a Certificate Of Authenticity. Buyer beware.
CATALOGUE ERRORS: If a description does not match a picture in a lot, the description takes precedence. PRIOR TO BIDDING, review descriptions and images for any damage to the item. Thoroughly inspect goods at pickup and report any concerns immediately (see CLAIMS).
TRESPASSING: You understand that being at the Seller's property at any time other than the pickup times constitutes trespassing. Furthermore, you understand that SELLERS ARE NOT TO BE CONTACTED (directly including by phone/email/etc. or indirectly). Anyone found trespassing will have their bidding privileges immediately revoked and may be subject to investigation by the authorities.
SOFT CLOSE: Each bid made on an item in the last few minutes of the auction will add more time (a few minutes) to the item bid period. This will continue until the extended time has run out without new bids being placed. This is done to ensure transparency and fairness of bidding and enable the highest bidder to win.
MAXIMUM BIDS: You may place MAXIMUM BIDS when bidding (the “MaxBid feature”). By using the MaxBid feature, you will pay one minimum bid increment more than the next highest bid and only up to your specified maximum. The Website will play out the bids according to the Maxsold bid increments, to your specified maximum.
NOTIFICATIONS: You may receive emails regarding changes/updates to listings, pickup information, invoices, etc. You can choose to receive outbid notifications by email. These notifications are sometimes delayed and may not be received in time to rebid and Maxsold will bear no liability to you or anyone else in connection with any delayed or undelivered notification. If you plan to rebid after being outbid (as opposed to using the MaxBid feature), be prepared to monitor your bids during the final minutes of closing.
ADDITION TO OR WITHDRAWAL FROM SALE: Although infrequent, we may add lots (or items to lots) and remove lots (or items from lots) at any time during and after the auction (see MATERIALITY).
MATERIALITY: Maxsold reserves the right to reset bids on a lot in an auction if, in Maxsold’s sole discretion, there is a material change to the lot that will impact the value of the item.
RESERVE: You may have to pay a minimum amount in order to win an item.
MAXSOLD AS SYSTEM OF RECORD: In the event of a dispute, you agree to accept our records as accurate and definitive.
COMMUNITY STANDARDS: Maxsold strives to provide our clients and employees with a safe, supportive marketplace and workspace. As such, any abusive or threatening statements or behavior, or other actions deemed inconsistent with these Community Standards in our sole discretion may result in revocation of bidding privileges and closure of accounts of those responsible without notice. It is our community standard that everyone be treated with courtesy and respect.
RISK TO PERSONS AND PROPERTY: BY REGISTERING AS A BUYER, YOU AGREE THAT NEITHER WE (NOR THE SELLER) ARE LIABLE TO YOU FOR ANY DAMAGE TO THE ITEMS YOU PURCHASED, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH UNLESS INJURY OR DEATH IS CAUSED BY OURS (OR THE SELLERS’) NEGLIGENCE. Please take care of yourself and your items as you have released us (and the Seller) from liability.
COMPLIANCE WITH LAW: You are responsible for complying with all laws governing the purchase and use of the items that are offered for sale. You must comply with all laws governing the use of our Services.
INDEMNIFICATION: You will indemnify and hold us, our affiliates, our and our affiliates’ successors and assigns, and each of our and their equity owners, directors, officers, employees, agents and other representatives, harmless from any expenses (including reasonable attorney’s fees and court costs), losses or damages arising from or relating to: (i) your breach of any of your representations, warranties or obligations under these Terms of Service; (ii) your violation of any law or the rights of any third party; (iii) your negligent acts or omissions, (iv) the Seller’s breach of any of their representations, warranties or obligations to you; or (v) any third party’s violation of any law or rights.
DISCLAIMER OF WARRANTIES: WE DISCLAIM ALL WARRANTIES RELATING TO THE ITEMS FOR SALE, WHETHER ARISING UNDER STATUTE, OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions prohibit the disclaimer of implied warranties in consumer sales, so part of the preceding disclaimer may not apply to you. WE DO NOT WARRANT THAT OUR ONLINE BIDDING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS IN SOFTWARE OR ONLINE CONTENT WILL BE CORRECTED.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR INABILITY TO USE OUR SERVICES AND SOFTWARE OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING OUR SERVICES. IN NO EVENT WILL MAXSOLD BE LIABLE FOR THE CONDITION OF ITEMS, ISSUES PERTAINING TO OWNERSHIP AND AUTHORITY TO SELL ITEMS, NON-DELIVERY OF ITEMS ON A SUCCESSFUL BID OR OTHER ACTS OR OMISSIONS OF SELLERS. Some jurisdictions prohibit the exclusion of special, incidental or consequential damages, so part of the preceding limitation may not apply to you. TO THE EXTENT THAT WE ARE HELD LIABLE TO YOU, OUR AGGREGATE LIABILITY FOR ANY EXPENSES, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICES WILL NOT EXCEED THE AMOUNT PAID (OR PAYABLE) BY YOU TO US UNDER THESE TERMS OF SERVICE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US.
DISPUTES RELATING TO TRANSACTIONS: If a dispute arises in relation to a purchase you have made through the Service, before resorting to litigation, we strongly encourage you to first contact us with details of the item you bid on, the applicable Seller and the details of the complaint to see if we can help with a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner. However, if your dispute persists, you acknowledge that we are not responsible for the acts or omissions of either Buyers or Sellers nor are we a party to any contract for items you have successfully bid on. Accordingly you agree to release us (and our affiliates, officers, directors, employees, agents and any other representatives) from any claims, demands, damages or losses of any kind, known and unknown, arising from or in any way connected with such a dispute, including legal costs.
RESPONSES TO LAW ENFORCEMENT: We may disclose your Personal Information to third parties (including, but not limited to, law enforcement or other governmental authorities), without your consent or notification to you, (1) upon the request of law enforcement or other government authorities, (2) if we believe in good faith that such information (a) is helpful in, or otherwise relevant to, preventing, mitigating, terminating, prosecuting or taking any other action with respect to a possible crime or civil claim, or (b) relates to any damage or injury to, interference with or other adverse effect on any right or property of another, or (3) if we believe in good faith that such disclosure is required by any court order, subpoena or other similar mandate or any applicable law.
Unless prohibited by applicable law or where the court order, subpoena or warrant requires no notification or delayed notification, Maxsold may notify affected users when we receive legal process from a third party requesting that user’s data. Maxsold may choose not to notify a user if Maxsold deems, in its sole discretion that providing notice would be ineffective, prejudicial or might create a risk of injury or bodily harm to an individual or group, or to our property.
All requests for disclosure of user information and account information should be directed to Maxsold and marked “Legal” to our offices at 178 Ontario Street, Suite 203, Kingston, ON, K7L 2Y8 with a copy to legal@Maxsold.com.
178 Ontario Street, Suite 203, Kingston, ON, K7L 2Y8