Terms & Conditions for 7b Auction (7bAuction.com)
This is a legal agreement (“Agreement”) between you, the bidder (“Buyer”) and Bears Trading Post LLC dba 7b Auction, its affiliates, members, employees, or agents (“Company”) and sets forth the terms and conditions governing each online auction sale. Access and use of any online auction site 7BAuction.com (“Site”) is subject to the specific terms and conditions set forth below and by bidding Buyer acknowledges and accepts such terms and conditions.
Registration: Buyer hereby certifies that they are at least 18 years old and all registration information is current, complete, and accurate.
Purchase Price: The purchase price is the sum of the bid price, buyer's premium, buyer's fee, and sales tax if applicable (“Purchase Price”).\
Payment/Non Refundable Deposit:
The Purchase Price is be due within two (2) business days or prior to removal of purchased item(s), whichever is first. Such Purchase Price must be paid in lawful United States funds and payable by cashier's check, personal or business check , cash, credit card (Visa, MasterCard, Discover and American Express), or wire transfer. The Company reserves the right to charge the credit card registered to your account 36 hours after the close of bidding for the Purchase Price. All invoices will be emailed to Buyer within 12 hours of the close of the auction.
All invoices must be paid in full within 2 days. The Company does not accept partial payments and reserves the right to charge any outstanding Purchase Price on the credit card registered to your account if the balance is not paid within 2 days of the invoice.
The final highest bidder shall be designed at the end of each auction sale. If a dispute arises between two or more bidders, the Company reserves the right to reopen bidding. The Company designation of the winning bidder as Buyer and such designation shall be final.
The Company reserves the right to bid on the seller’s item in order to purchase or protect their investment.
The Company’s posted closing times and display times are approximate. The Company reserves the right to close early or extend closing times at any time at its sole discretion. It is strongly recommended that bids be placed early to avoid losing out due to an ill-timed, last minute bid. All times are based on the Pacific Time Zone.
Dynamic bid on this website is a feature that does NOT allow an item to sell at the end of the posted sale closing until there is bidding inactivity.
Removal and Failure To Remove. All purchases must be removed from the storage site without damaging any property and within the time specified in this agreement. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case, Buyer will use prudence and care in such removal. If for any reason buyers fail to remove any of Buyer’s purchases within the time specified, the Company shall have the right, but not the obligation, in its sole discretion, to resell, discard, or remove and store said purchase at Buyer’s sole risk and expense without waiving any rights that the Company may have against Buyer. Storage costs will be charged on a per day, per item basis, along with any additional associated costs. Storage charges will be the responsibility of the buyer (after removal period).
Taxes: Buyer will be subject Idaho sales tax (currently 6%) unless you provide the Company with documentation required for exemption. NOTICE: out-of-state Buyers and out-of-country Buyers must pay sales tax on all items, including titled items. Buyers are responsible for any additional county or local taxes.
Right to Terminate Purchase. If for any reason the Company is unable to complete the sale of any purchase to Buyer, or provide such purchase free and clear of liens, even if the buyer was given notice that he is the high bidder and purchaser, Buyer agrees that the Company may terminate the purchase, in its sole discretion. If the purchase is terminated, the Company’s only liability shall be the return of any monies actually paid by Buyer.
Right to Suspend.
Buyer will be suspended or permanently banned from the Site if Buyer provides false information when registering, such as a false name or fraudulent contact information.
Buyer will be permanently banned from this Site if you are the successful bidder and you do not honor your auction bid and Legal action may be taken.
Disclaimer And Release.
Buyer expressly agrees that use of this website is at their sole risk. The third-party content providers and/or licensors (“Providers”) nor the Company warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site. Providers are not responsible for any service interruptions, including, but not limited to, interruptions that may affect any aspect of the sale.
All items sell “AS IS - WHERE IS WITH ALL FAULTS” and without warranties, either expressed or implied, as to the merchantability or fitness for any particular purpose of any goods offered in this sale. Buyer is urged to physically inspect the item during the inspection period to determine the nature, quality, condition, quantity, and size of the item. No bids can be withdrawn during or after the sale for any reason. Buyer also agrees that any oral representation made by the Company shall not modify these “AS IS - WHERE IS WITH ALL FAULTS” terms. Buyer understands that any description given in the catalog or written on the equipment is not guaranteed, and Buyer will rely entirely on their own inspection. All information and descriptions contained in advertising sales are believed to be correct, but no responsibility is assumed by the Company for any advertising errors or omissions.
To the fullest extent permissible under applicable law, provider expressly disclaims all warranties, expressed or implied, of any kind, with respect to any of the materials, content, or information on this Site or any goods or other products or services offered, sold, or displayed on this Site , or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.
Limitation On Liabilities.
You agree that the Company shall not be liable for any damage, loss, or expenses of any kind arising out of or resulting from your possession or use of the material, content, or information on this Site or from your purchase of goods through this Site regardless of whether such liability is based in tort, contract, or otherwise.
In no event, including, without limitation, a negligent act, shall the Company be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss of corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this Site or any other products, services, or information offered, sold, or displayed on this Site, your use of, or inability to use this Site regardless of whether the Company has have been advised of the possibility of such damages.
Governing Law and Severability. This agreement is established under, and shall be governed by, the laws of the state of Idaho. Any provision prohibited by law or unenforceable shall not affect the remaining provisions of the agreement. Buyer consents to being subject to the personal jurisdiction of the courts of the state of Idaho. Buyer also agrees that the venue shall be in Bonner County, Idaho.
Indemnification. Buyer expressly agrees to indemnify and hold harmless the Company from and against all claims, losses, expenses, damages, or liability, (including, but not limited to, attorney’s fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Company, or anyone acting in his/her behalf in connection with or arising out of the sale, except that the Buyer shall not be responsible to the Company for damages caused by or resulting from the Company’s sole negligence.
Attorney’s Fees. If a party initiates an arbitration or judicial action, including an appeal, as to the interpretation or enforcement of this agreement, including remedies upon default, the substantially prevailing party shall be entitled to reimbursement of its reasonable attorney fees and costs.
Amendments to Agreement: This Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the sale. Buyer agrees and understands that the terms of this Agreement can be amended or revised only in writing, signed by an authorized member of the Company.