SCREENBID Terms and Conditions
The terms and conditions set out below represent the only terms and conditions applicable to the sale of merchandise on Screenbid.com (the “Site”); provided that such terms and conditions may be modified or supplemented by information provided on the Site for particular auctions. These terms and conditions are subject to all laws of any governmental authority having jurisdiction over the same of merchandise offered on the Site. All participants in any auction presented on the Site agree to be bound by and accept these terms and conditions.
- Auction Parameters Auctions are conducted solely on the internet. Each auction shall commence and conclude on the date and time posted on the Site; provided that Auctioneer may extend the length of any auction in its sole and unlimited discretion. Auctioneer may sell unsold items after the close of an auction. All such items shall be deemed to have been sold during the auction and shall be subject to these terms and conditions. ScreenBid reserves the right to terminate any auction at any time for any reason or, before completion of a sale, to withdraw any individual item or items from any auction for any reason.
- Registration: In order to place a bid, bidders must first register and supply valid American Express, MasterCard or Visa credit card information, a valid PayPal account or otherwise evidence ability to pay to Auctioneer’s satisfaction. Persons under the age of 18 are not authorized to bid without the written consent of a parent or legal guardian.
- Bids: Minimum bids and bid increments will be posted for each auction. Bids entered for less than the posted minimum bid or bid increment will not be accepted. All items are offered subject to a reserve. The reserve is a confidential minimum price acceptable to the seller. If the successful bid price is less than the reserve, the Auctioneer may void the sale in its sole and unlimited discretion. When identical bids are received, preference will be given to the first such bid received, provided that Auctioneer reserves the right to refuse to honor any bid or to limit the amount of any bid, in its sole and unlimited discretion. Entered bids are binding obligations and will not be deemed withdrawn unless Auctioneer acknowledges receipt of the bidder’s intent to withdraw the bid and agrees to withdraw the bid. Auctioneer is not responsible for errors in bidding. All sales are final unless voided by Auctioneer as provided in these terms and conditions. No refunds shall be provided by Auctioneer. All bids are final and irrevocable, and bidders accept full liability for bids submitted.
- Costs in Addition to Successful Bid Price: All bids are subject to a “Buyer’s Premium” in the amount of 24% of each successful bid, plus any applicable sales tax. The buyer shall pay to Screenbid, LLC (“Auctioneer”) the Buyer’s Premium as well as a $15.00 per item handling charge and any applicable shipping and insurance charges in addition to the successful bid price.
- Auctioneer’s Discretion: Auctioneer reserves the right to exclude any person or bid from any auction and to disqualify any bidder during or after any auction. Such actions may be taken by Auctioneer in its sole and unlimited discretion.
- “As is” Sale: All items are offered for sale “as is” and all sales are final. Auctioneer makes no representations or warranties concerning the items offered for sale. All lots offered for sale on the Site shall include a certificate of authenticity from the seller. Any disputes regarding the authenticity or condition of items shall be resolved between the buyer and the seller and Auctioneer shall have no liability in connection such disputes.
Buyers are responsible for shipping all items and must inform ScreenBid of their chosen shipping method within 72 hours of their item closing in the auction. If a buyer does not inform ScreenBid that the buyer has arranged shipping within that time period, ScreenBid will ship and insure the item for the full amount of the selling price at the customer’s expense upon approval by the buyers credit card company of all amounts due from the buyer with respect to such item. All domestic items will be subject to a $14.95 handling fee. Certain items may be subject to additional fees. Applicable sales taxes will be applied to all purchases shipped to California addresses. ScreenBid packages and ships each item individually.
Buyers are responsible for shipping all items and must inform ScreenBid of their chosen shipping method within 72 hours of their item closing in the auction. If a buyer does not inform ScreenBid that the buyer has arranged shipping within that time period, ScreenBid will ship and insure the item for the full amount of the selling price at the customer’s expense upon approval by the buyer’s credit card compay of all amounts due from the buyer with respect to such item. All items shipped outside the United States will be subject to a $24.95 handling fee. Certain items may be subject to additional fees. BUYER IS RESPONSIBLE FOR ALL TAXES, IMPORT DUTIES, CUSTOMS FEES AND OTHER CHARGES. ScreenBid will not falsify Customs documents and is not responsible for any delay at Customs. ScreenBid packages and ships each item individually.
8. Payment: By entering a bid, bidders agree that if they are the high bidder, they will purchase the item. All sales are for cash in U.S. dollars paid by check, wire transfer, cashier check, bank money order, Pay Pal, MasterCard, Visa or American Express). Unless bidder and ScreenBid agree otherwise within 72 hours of an item closing, ScreenBid will charge bidder’s credit card the full price of item, along with Buyers Premium, handling fees, shipping costs, insurance costs and all other applicable charges. Checks should be made payable to Screenbid LLC 7162 Beverly Boulevard #561 Los Angeles, California 90036. All deliveries are subject to Auctioneer’s receipt of funds prior to delivery of the items purchased. All payments are subject to a clearing period. Payment is due upon the close of the auction. Bidders will be deemed in default if funds sufficient to cover all amounts due with respect to a particular item are not received in Auctioneer’s account within 7 days following the close of the auction. If Auctioneer voids a sale for nonpayment, the bidder in the voided sale shall remain obligated to pay Auctioneer’s fees (Buyer’s Premium and the commission that would have been charged to the seller had the sale not been voided) as well as any other damages incurred by Auctioneer as a result of voiding the sale. If the lot of such a voided sale is subsequently sold by Auctioneer for a lesser price than the price of the voided sale, then the bidder in the voided sale shall pay to Auctioneer an amount equal to the difference between the voided sale price and the subsequent sale price.
- Late Fees: Any amounts owed to Auctioneer which are not received in Auctioneer’s account within 7 days following the close of the applicable auction shall bear interest at the highest rate permitted by law and shall incur a late fee in an amount equal to 3% of the balance outstanding 7 days after the close of the auction. The buyer agrees to pay all costs incurred by Auctioneer in connection with collecting the past due amount (including without limitation collection agency fees, court costs and legal fees). Time spent on collections by Auctioneer’s in-house legal staff shall be charged at an hourly rate comparable to that of independent attorneys.
- Security Interest: Buyer acknowledges that Auctioneer shall have a continuing first priority security interest in all items sold on the Site to secure payment of all amounts owed to Auctioneer by buyer of such items. Auctioneer shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the state of California. Auctioneer is further authorized in the event of nonpayment to retain or take possession of any items purchased buy such buyer but not yet delivered and/or to retain any credit balance due to such buyer as an offset against the amounts owed by such buyer to Auctioneer or its affiliates.
9. Disclaimer of Liability: Auctioneer disclaims all liability for damages, consequential or otherwise, arising out of on in connection with the sale of property on the Site. No third party may rely on any benefit of these terms and conditions. In consideration of participation in the auction and the placing of a bid, each bidder expressly releases Auctioneer, its officers, directors, employees, affiliates, consultants and advisors from any and all claims, causes of action, chose of action, whether at law or equity arising in connection with any auction on the Site.
10. Buyer’s Assumption of Risk: All bidders acknowledge that some items offered for sale on the Site are inherently dangerous (e.g., weapons, sharp or broken objects, small items that may be swallowed or ingested or items that may have latent defects all of which may cause harm to a person). Buyers accept all risk of loss or damage from their purchase of such items on the Site.
11. Dispute Resolution: Any claim or controversy arising out of or relating to an auction on the Site shall be governed by California law and submitted to binding arbitration in Los Angeles County, California before an arbitrator from the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and conducted under its Comprehensive Arbitration Rules, as the exclusive remedy for such claim or controversy. All bidders agree further that the arbitration shall be conducted before a single JAMS arbitrator who is a retired California or federal judge or justice. By agreeing to arbitrate, bidders waive any right they have to a court or jury trial. The decision of the arbitrator shall be final and binding. Bidders further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, for the County of Los Angeles, may enter a judgment based on the final arbitration award issued by the JAMS arbitrator, and bidders expressly agree to submit to the jurisdiction of this Court for such a purpose. The prevailing party shall be entitled to recover its attorneys’ fees and costs incurred in connection with the arbitration.
ScreenBid is not responsible for technical or other difficulties users may encounter when using the website, and is not responsible for bids not processed. ScreenBid is not responsible for typographical or photographic errors on the site.
Buyers agree they will not, nor will they authorize any other person to use any item purchased from ScreenBid in a way that implies any connection with the company. ScreenBid’s marks, logos, copy, photographs and other materials are trademarks and copyrights of ScreenBid LLC, and buyers acquire no rights to such materials.
In the case that ScreenBid cannot deliver any item, liability will be limited to the amount actually paid by bidder and will not include any incidental or consequential damages.
13. Acceptance of Terms: Bidding at an auction on the Site shall constitute acceptance of these terms and conditions.
Information that you provide us is held in confidence by Screenbid, except as described in this notice. We do not sell your information to third parties, nor do we provide it for any third party’s general commercial usage. Certain information may be used in our archival files such as prices realized for specific items. We reserve the right to share information, when we deem appropriate, with third parties that are acting under proper legal authority (e.g. subpoenas), including police and governmental agencies. We respond to credit references initiated by you or in the trade. In such instances, we generally will verify whether you are a known customer, the length of time you may have done business with us, your credit history with us, and whether your account is in good standing.
Information we collect:
We may collect your name, e-mail address, address, telephone number, and information about your collecting habits and interests. Our free e-mail notices require only an e-mail address. Our registration for participating in online auctions collects your name, e-mail address, address, telephone number, and a valid credit card, Pay Pal account or other validation information. We automatically record your IP address, session duration, transaction data, the order and addresses of the pages you visit, and in most cases the data that you enter on those pages. We use all of this information to improve the navigation, functionality, and general service that our website provides.
Use of collected information:
Screenbid researches our customers’ usage patterns and demographics based on the information provided to us during their experiences on our website. We do this to better understand our customers’ needs and enhance our service. This information is compiled and analyzed for internal use. All such collected information is held in confidence by Screenbid. Any information disseminated to parties external to Screenbid is anonymous in nature, except as described above in connection with third parties acting under proper legal authority. By registering for an auction, bidders agree and consent, notwithstanding any regulation to the contrary, that Screenbid may from time to time contact them concerning the purchase opportunities available through Screenbid, unless and until such consent is revoked in writing.
Protection of your personal information:
Screenbid maintains reasonable physical, electronic, and procedural safeguards to protect the security and integrity of all personal information provided to us. We limit access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you in order to do their jobs. In the interest of privacy and security, we automatically expire your session when a specific period goes by without activity. Screenbid takes reasonable precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
Review of your information:
Screenbid has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided. You can help us ensure that your contact information and preferences are accurate and complete by updating your profile on our website.
Data transfer to the United States:
ScreenBid operates this site within the United States. With your consent ScreenBid will transfer your personal data to the US. ScreenBid will only transfer customer’s personal data to the US provided the respective customer has consented to this transfer during the transaction or sign-up process during the Auction.
Revised August 2014