ONLINE PERSONAL PROPERTY TERMS & CONDITIONS
TABLE OF CONTENTS
1. General Terms and Conditions
2. Access and Use of the Site
3. Registration
4. Communication
5. Warranty of Items
6. Bidding Instructions
7. Payment
8. Pick-Up
9. Termination
10. Indemnification
11. Events Beyond Control
12. Remedies
1. GENERAL TERMS AND CONDITIONS
1.1. Acceptance
Please read Transitional Design’s Terms & Conditions carefully. By accessing www.tdonlineauctions.com or www.transitionaldesign.net website or by participating in an online auction, You signify Your consent that these Terms & Conditions constitute a legal agreement between You as the user and Transitional Design. These Terms & Conditions set forth the legally binding terms for Your use of Transitional Design’s services and shall apply to all users of Transitional Design’s Website. By using this Website, You agree to and are bound by these Terms & Conditions and also acknowledge that You have had the opportunity to ask questions regarding the use of Transitional Design’s Website by telephone or email and to have those questions answered. Additionally, by accepting these Terms & Conditions, You, as the User acknowledge that Transitional Design is not the Owner or Seller of items contained in these online auctions. However, Transitional Design reserves its’ right 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 are located in the Auction Details on the online auction in which You choose to participate.
1.3. Modification of Terms
Transitional Design may modify these Terms & Conditions at any time and such modification shall be effective upon being posted on the Transitional Design website. You agree to be bound to any changes to these terms when You use the Website after any modification is posted. It is therefore important that You keep Yourself up to date with the Terms & Conditions and any changes.
These terms & conditions are legally binding and if You violate any part of them Transitional Design or the Owner/Seller may seek legal relief. Please note that these terms include an agreement by which You indemnify Transitional Design.
2. ACCESS AND USE OF THE WEBSITE
2.1 Website Access.
Transitional Design hereby grants You permission to use the Website as set forth in these Terms & Conditions provided that: a) You will not alter any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, and b) You will otherwise comply with all the 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 Transitional Design. You will not upload or transmit viruses, worms, or any other destructive code.
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 as applicable and as requested during the registration process.
3.2. Credit Card
You must include a current credit card for billing purposes. It is Your responsibility to update the credit card as changes occur. The credit card address must match the address in Your bidder profile and also has to have sufficient funds.
3.3. Requirements
By using Transitional Design’s Website, You warrant that a) all registration information is truthful and accurate and b) 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. Contact for Questions
For questions regarding each individual auction, contact the Auction Manager listed for that auction either by phone, text, or email. For general auction questions, call Transitional Design at 440-627-6390 or email Customersupport@transitionaldesign.net.
4.2. Email Communications
Transitional Design reserves the right to send emails to You with Your Registration confirmation, purchase notifications, past due notifications, changes or additions to the Website, the online auctions, the items, 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 may contact You via telephone to discuss Website, the online auctions, the items, or Your account. Further You consent to receive such phone calls at the telephone number/s You enter into Your bidder profile.
5. WARRANTY OF ITEMS
5.1. Warranty of Items.
a. All items are sold AS IS, WHERE IS, and there is NO WARRANTY expressed or implied.
b. Dimensions given for the item/s may be approximate measurements.
c. Varied items may be joined for demonstration purposes. 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.
5.2. Physical Condition of Items
Transitional Design does our best to explain 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. Transitional Design uses the following “Standard Physical Condition Glossary:”
Mint: Perfect or Pristine
New in Box: The item has never been opened and is still in the original packaging.
Excellent: In unused or like unused condition.
Very Good: In slightly used condition; only very minor imperfections. These imperfections may not be mentioned in the description because they are so minute.
Good: Some signs of wear, may have visible minor flaws, which are noted in the description and/or photos.
Fair: Visible problem; may be chipped, scratched, or stained, but still functional.
Poor: Damaged or heavily used. We suggest repurposing.
Untested: Unable to test fully whether an item is functional
5.3. Working Condition of Items
Transitional Design does not guarantee the working order of any clock, watch, electronic or mechanical device.
5.4. Previews
The sole purpose of a preview is to give You the opportunity to see the item in person before placing a bid. You can visit Transitional Design during our working hours six days a week M, T, Th, F, Sat from 10 to 5; Weds from 10 to 7 at 601 Towpath Road, Broadview Heights, OH 44147. In the event an online auction is held at a customer’s home or business, the Preview terms will be listed within the online auction information.
5.5. Changes in Circumstances
All aspects of an online auction are subject to change without prior notice. Transitional Design 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 time; d) cancel, suspend, extend, or reschedule an individual item or; e) take any other action Transitional Design 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 any 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. You can bid prior to the auction or bid while the auction is in the process of closing. Transitional Design cannot guarantee that You will be the winner of any item.
6.3. Placing a Bid.
You can place a bid in two ways:
1) Click on the “Quick Bid” box which is the next highest bid required
2) by using the Max Bid function. The Max Bid function bids on the lot automatically for You using the standard bid increments (see 6.4) up to the amount of Your Max Bid. Max Bids are not disclosed and will not be visible to any bidders or Transitional Design personnel. The system will only bid for You if another bidder places a bid and it will only bid one additional bid increment. You can always increase your Max Bid.
6.4. Bid Increments
Most bids start at $10 unless a higher starting bid is posted. When placing a bid, bidding must increase by the following specified increments:
Price Level Bid Increment
$10 to $100 $5
$100 to $500 $10
$500 to $1,000 $25
$1,000 to $5,000 $50
$5,000 and up $100
6.5. Bidding Records
Staggered closing: Lots close two per minute. Should a bid be placed within the last two minutes of a lot’s ending time, the ending time will automatically be extended to two 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.
6.6. Bid Notifications
a) Outbid alerts sent to Your email posted in the Bidder profile
b) Invoices will be sent to your email only after the auction has ended.
6.7. Bidding Errors
With each bid placed, You are asked to confirm the bid amount entered. Should a mistake be made before the time the auction’s bidding is scheduled to end, You may request to have Your error corrected. Please submit Your request immediately by calling the Auction Manager or Customer Support. Once the lot is closed, the bid will stand as entered. There are no exceptions.
7. Payment
7.1. Your credit card on file will be billed as soon as the auction has closed. The address on the credit card must match Your profile.
7.2. Buyer’s Premium and Sales Tax
If You are the successful Bidder, You agree to pay the amount of Your bid plus an 18% buyer’s premium and any applicable state and local sales taxes.
7.3. Tax Exempt
If You are tax exempt, bring in Your Tax ID form with Your Tax ID included.
7.4. Liability Regarding Purchases
Once the items have been paid, You assume full risk and responsibility of the purchased item unless otherwise noted as donated/forfeited. You agree that Transitional Design 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. In no event shall Transitional Design 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 or otherwise.
7.5. Failure to Remit Payment
If Transitional Design is unable to bill the credit card on file due to insufficient funds, incorrect credit card number, address, or expiration, you need to immediately provide an accurate credit card for billing. Failure to do so, will be considered a breach of this Agreement. Transitional Design may, in its sole and absolute discretion, resell the items or donate them to a charity of Transitional Design’s choice. Any default in payment will be subject to interest and collection fees. Transitional Design reserves the right to report Your account to collections for the combined total of the invoice amount and any moving or disposal fees. Your bidding privileges may be in jeopardy for failure to remit payment.
8. Pick-Up, Delivery, and Shipping Policies
8.1. Pick-Up Policies
Pick-up should be during the scheduled pick-up day and time listed on each auction. Transitional Design will have two movers (as a courtesy) on site during the Wednesday scheduled pick-up time only. Neither Transitional Design nor the movers are liable for damage to Your vehicle or the item/s they are loading. An alternate pick-up day/time may be listed in the terms of each online auction. There will be a fee of $10 charged for pick-ups outside of scheduled and/or alternate pick-up times. Any item/s NOT picked up within three days will incur storage fees of $5 for each small item and $10 for each large item. For item/s NOT picked up within two weeks of the scheduled pick-up date will be considered abandoned (storage fees will continue until it’s abandoned). No refunds will be given. If You are unable to make it to the pick-up time/s, You may choose to donate/forfeit Your items without jeopardizing Your bidding privileges as long as You notify Transition Design customer service. Transitional Design reserves the right to resell or donate.
8.2. Delivery Policies
You may request delivery of Your item/s provided by Transitional Design’s professional movers. Delivery requests should be within a 1 hour radius of Transitional Design’s location in Broadview Heights. Delivery requests should occur within a one week period after the online auction has ended. Moving rates and fees will apply and be paid by You upon receipt of the merchandise.
8.3. Shipping Policies
You may make Your own arrangements to have Your item/s picked up by a shipper, as long as it is within the one week period. For exceptions, contact the Auction Manager. UPS information is listed within the Terms of each auction.
9. Termination
Transitional Design reserves the right, as its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice.
10. Indemnification
You agree to indemnify and hold harmless Transitional Design and its employees from any loss, cost, expense, liability, claim or demand including reasonable attorney fees.
11. Events Beyond Control
Transitional Design shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee any continual, uninterrupted, or error free service or use of the Website. With current technology, it is not possible to develop and operate computer programs and data processing systems entirely without error or to rule out unpredictable events in connection with the internet. You acknowledge that this auction is conducted electronically and relies on hardware and software that may malfunction. Transitional Design, in our sole discretion may void any sale, temporarily suspend bidding, and or resell any lot affected by any malfunction.
12. Remedies
Should You believe that Transitional Design has erred in the auction process or have serious concerns, Contact Customer Support at 440-697-6390. If Your concern or issue is not resolved by Transitional Design, You can contact The Department of Agriculture, 8995 E. Main Street, R
