Auction Terms & Conditions By registered on, and/or bidding on an item through, Paws Up Auctions (the “Website”) you confirm that you agree to these Terms and Conditions.
In order to bid on the Website you must register on the Website.
Please read these terms carefully. These terms, as modified or amended from time to time, are a binding contract between Paws Up Auctions (“we” and/or “us”, etc) and you (“you”).
In addition, when you use any current or future Paws Up Auctions service or visit or purchase from any business affiliated with Paws Up Auctions, whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business. If these terms are inconsistent with Paws Up Auctions terms, such terms will prevail.
BIDDING; CONDUCT OF SERVICES
In order to bid on an auction on the Website you must register for the Website, which requires a valid credit card, and detailed personal information. Please have this available upon registration. We reserve the right to reject any bid, at any time and without reason or explanation.
All sales are final and there are no refunds, no exchanges, no retraction of bids and no returns accepted. All items that are offered by auction may be subject to a reserve or opening bid, which is the confidential minimum price acceptable to the sellers.
The method and procedure of any auction on the Website is at the sole discretion of Paws Up Auctions. You are able to inspect things that are available for bidding (“Lots”) which you should do in order to determine its condition, size and whether or not it has been repaired or restored. By placing a bid online you agree that you have either inspected the respective Lot, or have waived your right to do so. Payment may be made by E-Transfer. A buyer’s premium of 18% will be added to the bid price. All items must be paid for in full on the same day as the auction.
If you choose to bid on a Lot through the website we will make best efforts to provide auction services to the best of our ability. However, we make no warranty with regards to your satisfaction with any services or products.
You will be responsible for paying any shipping, insurance, postage and delivery costs in addition to any final purchase and hammer prices. All items will be shipped via Canada Post unless otherwise instructed on the day of the auction sale.
We reserve the right to bid on behalf of the sellers at any time during the auction sale and without notice to the registered bidders and to further protect any items that may carry a moderate reserve or opening bid by bidding on the item or withdrawing the item from the sale at any time during the bidding process.
The highest bidder acknowledged by Paws Up Auctions will be the purchaser. In the event of any dispute between bidders or in the event of doubt on our part as to the validity of any bid, we will have the final discretion to determine the successful bidder, cancel the sale or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales record is conclusive.
Subject to fulfillment of all of the conditions set forth herein, on the fall of the auctioneer’s hammer, title to the offered Lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon (a) assumes full risk and responsibility therefore (including, without limitation, liability for or damage to frames or glass covering prints, paintings or other works), and (b) will immediately pay the full purchase price as required. Interest at the rate of 24% per annum (compounding monthly) will be charged on overdue accounts owing to us.
The purchaser will not be entitled to possession of any Lot purchased from Paws Up Auctions until the total purchase price of the Lot, any other lots and any other Lots from outstanding invoices (due to Paws Up Auctions) have been fully paid. In the event that you fail to pay the full purchased price for any lot(s) within the prescribed time, or fail to comply with any of the “Terms of Sale”, you may be sent to collections and/or sued in the Small Claims Court and/or Superior Court. In addition, any paid amount for previous invoices and Lots (by the purchaser and not in their possession) will be treated as a deposit towards outstanding invoices without notice.
In the event of electronic failure for any reason during the auction sale, all items sold will be due and payable at the time of failure. We reserve the right to cancel the remainder of the auction sale in the event the electronic failure cannot be rectified in a reasonable time. Items maybe re-offered in a future auction sale.
No cameras, video, and or recording devices of any kind whatsoever are permitted in the auction sale without the advance consent of Paws Up Auctions.
Written and oral descriptions are the opinions of Paws Up Auctions, and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. Paws Up Auctions believes to the best of its knowledge that the information presented in any auction has come from reliable sources. However, such information is presented solely for the convenience of the prospective purchasers. Paws Up Auctions attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. It is the responsibility of prospective bidders to examine all items in which they have an interest. By placing a bid, in any capacity, you signify that you have examined the items as fully as you desire and have had the opportunity to ask questions and receive answers from Paws Up Auctions that you deem adequate. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, do not bid on the Lot in question.
PRODUCT AND SERVICE SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
While we promise do our best to ensure the accuracy of the information on the Website, Paws Up Auctions does not warrant that product and/or service specifications, pricing, or other content on the Website is complete, accurate, or error-free. In the event of any errors relating to the pricing or specifications of any product, Paws Up Auctions shall have the right to refuse or cancel any orders in its sole discretion. Paws Up Auctions will issue a credit to your account in the amount of the charge. All items are subject to withdrawal from preview, from advertising and from the auction sale at the sole discretion of Paws Up Auctions without notice at any time.
All property is sold “AS IS”, “WHERE IS” without any representations or warranties by the Paws Up Auctions or its staff or the consignor as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description or the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption or liability. Paws Up Auctioins and the consignor make no representation and warranties, express or implied, as to whether the purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. We and the consignor are not responsible for errors and omissions in any catalogue or any supplemental material. We do not guarantee, any written or oral appraisals, certificates of authenticity, values, or retail replacement prices, that may accompany any item or may be orally stated by any auctioneer or employee, before, after and during any auction sale. Paws Up Auctions reserves the right to supplement all Terms & Conditions with verbal announcements at any time during the auction. All verbal announcements and terms form part of the terms and conditions between the seller and the bidders.
If any applicable conditions herein are not complied with by the purchaser, the purchaser will be in default, and in addition to any and all other remedies available to the auction company and its agents and consignor by law, including, without limitation, the right to hold the purchaser liable for the total purchase price, including all fees, charges, and the expenses set forth herein, the auction company, at its sole option, may (i) cancel the sale of that, or any other lot or lots sold to the defaulting purchaser, or (ii) resell the purchased property, whether at auction or by private sale, or (iii) effect any combination there of. The purchaser will be liable for any deficiency, any and all costs, handling charges, late charges, expenses, and commissions of both sales, legal fees, and expenses, collection fees, and incidental damages. In addition, all defaulting purchasers will be deemed to have granted and assigned the deposit money to the Paws Up Auctions or its agents and consignors or any of their affiliated companies, and the auction company may retain and apply such money as collateral security for the obligations due. In addition to other remedies available to us by law, all unpaid items will be subject to a non-refundable service charge of 35% of the bid price plus buyers premium payable by the registered bidder.
You may contact Paws Up Auctions Customer Services by sending an email to email@example.com You acknowledge that the provision of customer support is at Paws Up Auctions sole discretion, and that Paws Up Auctions shall have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, and the provision of some level of support is no guarantee of future support.
NOTICE RE NAMES AND TRADEMARKS
You may not use the name “Paws Up Auctions” or any other names or Trademarks listed on the Website or in any Website content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP: © Paws Up Auctions
All rights reserved. All content on the Website is subject to intellectual property rights, contractual rights or other protections. The intellectual property rights are owned by Paws Up Auctions or its licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with the prior express written consent of Paws Up Auctions. Modification or use of the materials for any other purpose may violate intellectual property rights.
MINIMUM AGE REQUIREMENT
The Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Website only with the permission and involvement of a parent or guardian.
MODIFICATIONS TO TERMS AND SITES
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Website; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Paws Up Auctions; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or performance, or send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Website Content in any way. You understand and acknowledge that Paws Up Auctions does not regularly monitor the accuracy or reliability of content and that use of the Website is at your own risk. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Paws Up Auctions. Paws Up Auctions neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Website by anyone other than authorized Paws Up Auctions employees acting in their official capacities.
PROTECTION OF SITE CONTENT
Our Website is protected by Canadian, U.S. and international intellectual property laws, which you agree to respect. All content on the Website, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of Paws Up Auctions or its content suppliers. All software used on the Website is the property of Paws Up Auctions or its software suppliers.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Website after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Website. Paws Up Auctions may continue to use electronic or printed materials it has created, or has developed specific plans to create, that contain such Content according to the terms contained above with respect to removal or modification of Content previously posted on the Website.
Seller User Terms
Bidder User Terms