In order to become a member and bid on the THE AUCTION FLOOR website, you must read and accept all of the terms and conditions set forth below (''THE AUCTION FLOOR Terms and Conditions''):
1.General. Bidding is available by online only bidding. There is a 10% buyer’s premium. Payment is due at the end of the auction by cash, certified funds, approved check, Visa, Master Card, American Express, or Discover. Ohio sales tax is 6.75%.
2.Buyer’s Contract. Your bids placed on THE AUCTION FLOOR website are a contract and you are responsible for paying all amounts due to THE AUCTION FLOOR. If you cannot pay for and pick up the items during the times specified, please do not bid. While using THE AUCTION FLOOR website, you agree that you will not:
a)Use THE AUCTION FLOOR site or services if you are not able to form a legally binding contract or if you are under the age of 18 years old.
b)Fail to deliver payment for items purchased by you.
c)Circumvent or manipulate our fee structure, the billing process, or any fees owed to THE AUCTION FLOOR; or manipulate the price of any item.
3.Item Descriptions. All items are sold as is – where is. In the case of obvious faults (chips, cracks, significant damage, etc.) THE AUCTION FLOOR does its best to list the fault within the description. THE AUCTION FLOOR will provide descriptions based on its assessment of an item. However, we do not assume that our assessment of condition will be the same as your assessment. Most of the items THE AUCTION FLOOR sells are antique, vintage, or used. You should expect signs of wear consistent with age and THE AUCTION FLOOR will not list every flaw associated with each item as these are to be expected. THE AUCTION FLOOR offers a public preview inspection for the sole purpose of allowing you the opportunity to see it in person before placing a bid. If you are unsure of an item’s condition please make arrangements to attend the preview and bid accordingly.
4.Deadlines and Close of Internet Bidding. Items will begin to close at a specified number of items per minute on the scheduled date and start time of the online sale closing period. The items will close in the order listed on the website. All online sales will feature our automatic extension system. If an item receives a bid within the last 5 minutes, the close time will be extended 5 minutes from the time the bid is placed. The time will continue to be extended for 5 minutes with each newly placed bid and the item will not close until 5 minutes have elapsed with no additional bid activity. On the final day of the sale the system will tell you exactly how much time is remaining (The ''Categories'' view does not update automatically. Remember to hit refresh within your browser if using this view).
5.Conclusion of Auction Pickup Payment. After the auction concludes, you will receive an invoice by email that details your purchases, tax and buyer’s premium. Please bring a copy of this invoice to your pickup. If you do not have a copy, a copy will be on hand at the pickup location.
Pickup & Payment Forms Accepted. Successful bidders who will be picking up items in person can pay for purchases during the designated removal and payment times listed on the Sale Details page. In the event that you do not wish to pay with the credit card provided to THE AUCTION FLOOR, you may pay with cash or check during the designated removal and payment time. Visa, Master Card, American Express, Discover, Cash, Check, Wire are all accepted payments.
Sales Tax. All sales are subject to appropriate state sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by THE AUCTION FLOOR, your future purchases will not be taxed. You may be required to update certificates on file periodically as deemed necessary by THE AUCTION FLOOR.
Retention of Credit Card Information. By providing your credit card information to THE AUCTION FLOOR, you authorize THE AUCTION FLOOR to charge your credit card for the purchase amount of any successful bid plus associated taxes, shipping costs (if any) and Handling Fees (if any, as defined below). You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with THE AUCTION FLOOR.
IN THE EVENT THAT YOU FAIL TO PICK-UP YOUR ITEMS IN ACCORDANCE WITH THE AUCTION FLOOR TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE THE AUCTION FLOOR TO CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM PLUS ANY TAXES.
6.Shipping Requests. A third party shipping company will handle the shipping of all items. During a sale, you can get a shipping estimate on these items by contacting our third party shipping company. Should you win the item; an invoice will appear in your email box. Item should then be paid for by credit card or wire transfer. Once payment is completed, your item or items will be sent to our third party shipper, where they will discuss with you shipping options separate from your item purchase.
7.Alternate pickup. If after winning an item you determine you are unable to pick up your items during the scheduled removal date and time you must contact THE AUCTION FLOOR prior to the scheduled removal date and time to determine if alternate arrangements can be made. THIS SHOULD ONLY BE CONSIDERED AS A LAST RESORT AND ON AN EXCEPTION BASIS. Items which cannot be moved will be forfeited and may be subject to disposal charges in addition to the original invoice amount.
8.Forfeiture of Items Failure to Pay. Any items not paid for in accordance with THE AUCTION FLOOR Terms and Conditions will be forfeited by you and THE AUCTION FLOOR may, in its sole and absolute discretion, resell the items or donate the items to a charity of THE AUCTION FLOOR choosing. THE AUCTION FLOOR reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges.
9.Failure to Pick-Up Items. IF YOU FAIL TO PICK-UP ANY ITEMS WITHIN FOURTEEN DAYS (14) CALENDAR DAYS OF THE CLOSE OF BIDDING YOU WILL BE CONSIDERED TO HAVE FORFEITED THE ITEMS AND TITLE WILL REVERT TO THE AUCTION FLOOR. THE AUCTION FLOOR MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS OR DONATE THE ITEMS TO A CHARITY OF THE AUCTION FLOOR’s CHOOSING. THE AUCTION FLOOR RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES.
10.Removal or Items or Bids. THE AUCTION FLOOR always reserves the right to withdraw a lot for any reason THE AUCTION FLOOR deems appropriate, including any lots that may have a reserve, or if there is a lack of bidding interest or lack of appropriate bids. THE AUCTION FLOOR shall have the right to withdraw any item or bid at any time for any reason and to default any sale in the event of an error or dispute.
11.Governing Law. This Agreement shall be governed in all respects by the laws of the State of Ohio, without regard to conflict of law provisions. You agree that any claim or dispute you may have against THE AUCTION FLOOR must be resolved exclusively by a state or federal court located in Hamilton County, Ohio.