General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Pine Falls Live Auctions and Pine Falls Auctions Timed Auctions
This document describes terms and conditions applicable to your use of the services made available by Pine Falls Auctions, LLC ("Pine Falls Auctions" "we," or "us") at the websites www.pinefallsauctions.com, and Infinite Bidding Sites (the "Sites").
Section 1. General.
1.1 Services. This Terms and Conditions of Use Agreement (hereafter this "Agreement") sets forth the general terms and conditions that apply to the use by you of the Sites, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the "Services"). BY USING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. This Agreement is a legally binding instrument between you and Pine Falls Auctions, and describes your responsibilities in connection with your use of the Services and, among other things, limits the liability of Pine Falls Auctions. Before using any of the Services, please read all of this Agreement carefully. By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.
1.2 Amendments. We reserve the right, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our Sites. This Agreement may not otherwise be amended except in a writing signed by you and Pine Falls Auctions. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.
1.4 Your Account. Your Account is identified by your chosen user ID (your "User Name") and you are the only party authorized to use your User Name. You are responsible for maintaining the confidentiality of your registered account with us and any password(s) you have chosen or we may issue to you in connection with your access and use of the Services. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately at firstname.lastname@example.org
1.5 Covenant Regarding Your Account. You agree that you will not maintain multiple registered accounts or User Names with us without our express written consent. If you wish to maintain a multiple account, you may submit a request to do so to email@example.com, including your primary User Name and your rationale for having multiple accounts.
1.6 Equipment. You shall be solely responsible for obtaining and maintaining all telephone, communications, computer hardware and other equipment needed for access to and use of the Services and all charges of any description arising from or relating thereto.
1.7 Pine Falls Auctions is not involved in auctions/release. We are not involved in actual transactions between users of the Sites or any "External Sites" as defined in section 5.1 below (whether such users are auction houses, appraisers, art or antiques dealers, trade members, curators, educators, antiques professionals, collectors or other third parties affiliated with Pine Falls Auctions). We have no control over the quality or legality of the items displayed on our Sites or the truth or accuracy of the descriptions of such items, upcoming auction events or auction results displayed on our Sites. In the event that you have a dispute with any parties arising out of your use of the Sites you hereby release Pine Falls Auctions 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.
2. Live and Timed Auctions Participation. THE FOLLOWING DESCRIBES THE TERMS ON
WHICH Pine Falls Auctions OFFERS YOU ACCESS TO BID ONLINE AT LIVE AND TIMED AUCTIONS CONDUCTED BY PARTICIPATING AUCTION HOUSES AND LICENSED AUCTIONEERS ("AuctionHouse’s").
2.1 Pine Falls Auctions only a venue. Notwithstanding section 1.7 above, we are an auction house and are not conducting the live and timed auctions. Our service allows you to participate in live and timed auctions conducted by the Auction House’s. We are solely a passive conduit to facilitate communication between you and the AH. We reserve the right in our sole discretion to change some or all of our services at any time.
2.1.01 Control. We have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Auction House’s to sell or the ability of buyers to buy items. We do not ensure that a buyer or seller will actually complete a transaction.
2.1.02 Release. Notwithstanding section 1.7 above, because we are not involved in the actual transaction between buyers and Auction House’s, in the event that you have a dispute with an Auction House, you release Pine Falls Auctions (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. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
2.2 Eligibility. Each Auction House that conducts a live or timed auction will have its own eligibility requirements that must be met in order for you to participate in that auction. You may be required to apply for and obtain approval in order to participate in a specific live or timed auction, including in some cases providing credit card information if you have not done so previously. You agree to maintain at all times the accuracy of your account information including contact information, addresses and credit card information, and to allow us to provide any of your account information to Auction House’s whenever necessary, including for participating in auctions. Approval to participate in one live or timed auction does not guarantee approval to participate in any other live or timed auction, conducted either by that Auction House, or another Auction House. Each AuctionHouse has sole discretion to refuse to approve your eligibility for any live or timed auction.
2.3 Fees. Each Auction House 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 other shipping, handling, and other fees including applicable taxes, if any. Auction House’s may facilitate shipping through a third-party, however in all cases, the buyer will pay applicable shipping charges unless otherwise noted in the Auction House terms and conditions. These fees are subject to change depending upon the Auction House and the particular item for sale, and are set by the Auction House. A fee is charged for all online purchases using the Service which will be in addition to the Auction Housecharges unless otherwise noted in the Auction House terms and conditions. By using the Services, you agree to be bound by and pay all fees according to the terms of this Agreement and the Auction House terms and conditions.
2.4.01 Auction Houses. Auction House’s will list items up for auction for you 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 AuctionHouse 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 on the auction floor will not be included in the online live auction services. We do not control the information that is provided by Auction House’'s and which is made available through our system. We do not guarantee that the Auction House’'s maintain proper auctioneer's licenses or comply with all laws.
2.4.02 Based upon the information provided by Auction House’s, Pine Falls Auctions may categorize, "tag" or otherwise describe property listed for auction on the Sites. Such categorizations, "tags" and descriptions are provided for convenience only. Pine Falls Auctions DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF SUCH CATEGORIZATIONS, "TAGS" OR DESCRIPTIONS OF ANY NATURE, AND BY USING THE SITE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST Pine Falls Auctions AND ITS AFFILAITES AND REPRESENTATIVES ARISING OUT OF OR RELATED TO ANY SUCH CATEGORIZATIONS, "TAGS" OR DESCRIPTIONS.
2.5 Bidding, Buying and Conditions of Sale. You may cancel an absentee bid on a lot for a live auction up until the lot has been opened for live bidding. For timed auctions the following cancelation rules will apply:
(i) Only three (3) bids may be canceled per session/catalog
(ii) No bid cancellations will be allowed within 2 hours of the scheduled first lot end time.
If either of the two rules above has been exceeded (i.e. 3 timed bids have already been cancelled for a single session/catalog or the timed auction is within 2 hours), bidders may call Pine Falls Auctions to request that their bid be cancelled. These requests may only be made during office hours. Voicemail requests for bid cancellation will not be considered.
Pine Falls Auctions reserves the right to take any adverse action, including without limitation, termination of an account, against those who are deemed to be abusing bid retraction and cancellations.
You expressly acknowledge and agree that Pine Falls Auctions makes no guarantee or representation regarding the effectiveness or success of bids.