Welcome Used To Be New and thank you for registering to bid with us. Please take a moment to read the terms and conditions of our online auctions and let us know if you have any questions prior to bidding.
Online Auction Terms and Conditions
1. AUCTION BIDDER AGREEMENT. This is a legal agreement between you and Used To Be New. You must be at least 18 years old to register and bid. Used To Be New at its sole discretion, may ban from further use any buyer Used To Be New believes to have failed in abiding to the terms and conditions, or conducted any improper behavior as determined solely by Used To Be New.
2. REGISTRATION. All Bidders are required to register online and provide necessary and accurate information such as name, address, phone numbers, email address, credit card information and any other information requested for positive identification. By registering you are agreeing you have read and fully understand the 'Online Auction Terms and Conditions', and any additional terms and conditions or announcements for specific auctions (locations, dates, buyer’s premiums, pick-up instructions, etc.) on the website, and agree to be bound by the same. All sales are final. No refunds, reductions, returns or exchanges! NO EXCEPTIONS! Used To Be New reserves the right to refuse any individual from bidding at any online auction and to revoke such privilege at any time.
3. BIDDING. Do not bid unless you agree to all of the terms and conditions posted herein. By bidding you are agreeing you have read and fully understand the 'Online Auction Terms and Conditions', and any additional terms and conditions or announcements for specific auctions (locations, dates, buyer’s premiums, pick-up instructions, etc.) on the website, and agree to be bound by the same. A successful winning bid at auction constitutes a legally binding contract of sale. All sales are final. Bidding increments are established and controlled by Used To Be New.
4. BUYER’S PREMIUM. The Buyer’s Premium is 15% and will be added to all purchases unless otherwise stated. A Buyer’s Premium is a predetermined percentage added to the high bid price, which results in the contract sales price. The Buyer’s Premium may vary depending on the auction.
5. AUCTION PREVIEW. Auction events typically but not always, include a specified time to inspect items prior to the scheduled close time. If provided, Buyers may come to the auction location to inspect and test items they may be interested in purchasing. Buyers unable to participate in the preview are encouraged to call during preview hours and speak to attending staff about specific items. Buyers who do not attend the preview provided at auction site are relying solely on the descriptions and photographs provided by Used To Be New and agree their bid amount is based on the available information. Buyer fully agrees and understands they are purchasing each and every item and lot in ‘as is’ and ‘untested’ condition. Used To Be New their licensees, contractors, employees and agents, make no representations of condition, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
6. AUCTION CLOSING TIMES. Auction closing times are posted for each auction, which at such time the auction will BEGIN to close. Auction lots will close in sequence apart from lots continuing to receive bidding activity will remain open and active until such a time that bidding activity has ceased, much like a live auction Used To Be New strongly recommends using the proxy bid feature and bidding early to avoid losing out due to unforeseen technical difficulties. All times are based on the Eastern Standard Time Zone unless stated otherwise.
7. SOFT CLOSE/AUTO EXTEND FEATURE. Please note when bidding, there is an auto-extend feature on this online auction system. If someone bids in the last 2 minutes of a scheduled ending time for a specific lot, the closing time for that particular lot will be automatically extended for a given increment (typically two minutes) until such a time bidding activity ceases. This feature will leave the bidding open for any item that has received a bid within the last 2 minutes from the last recorded bid time, even if the initially scheduled ending time has been reached. This provides bidders who wish to continuing placing bids after they’ve been outbid an opportunity to do so, and makes the bidding experience more like a live auction.
8. PAYMENT. Payment will need to be made immediately following receipt of your auction invoice. Any invoices not paid by the end of the scheduled pickup day will result in the invoice total being charged to the credit card on file. No items will be removed prior to Used To Be New receiving payment for the item(s). Please ensure your credit card on file is up to date and that debit cards have sufficient funds available to cover purchases. It is the bidder’s responsibility to immediately contact Used To Be New and make arrangements for payment for failed credit/debit card transactions. Payment by other than credit card or cash is accepted at the time of pickup. Buyers requesting shipping will receive an invoice for their total to include shipping and the card on file will be automatically charged the total due to include shipping costs within 24 hours of auction close.
9. TOTAL INVOICE PRICE. The total price reflected on your invoice and the amount for which your credit card will be charged is the sum of the bid price, the Buyer’s Premium, additional shipping charges (if applicable) and applicable sales tax. Used To Be New reserves the right to charge the total amount or any remaining balance of your purchase price on your credit card if the balance is not otherwise paid. We do not accept partial payments. Invoices must be paid in full prior to pick up.
10. SALES TAX. All applicable sales tax, according to the governing tax laws in the state where the auction is being held, will be added to the purchase price on all taxable items or lots unless the Buyer files a properly completed tax exempt form with our office prior to the auction.
11. TIMELY AND SAFE REMOVAL. Winning bidders are responsible for the safe and timely removal of all purchases. All purchases must be removed from the auction site without damaging any property and within the posted time frame allotted. Additional time required to remove purchased items may result in added fees of $25.00 per quarter hour. Removal is at the Buyer's sole obligation at their cost and risk. If for any reason, the Buyer fails to remove any item or lot within the specified time, the item or lot will be deemed abandoned and Used To Be New shall have the right but not the obligation, at their sole discretion to resell, discard or remove and store the items or lots without any notice to Buyer and without waiving any rights that Used To Be New or Seller may have against Buyer. The Buyer understands they will lose any right, title or interest they may have acquired, and the item or lot shall revert and repossess to the Seller or Used To Be New without any further notice to the Buyer.
13. ADDITIONS OR WITHDRAWALS. Used To Be New reserves the right before, or during the auction, to withdraw from the auction any of the items or lots listed or to add items or lots not previously listed. Used To Be New also reserves the right to group and regroup items and lots, or separate items and lots, or parts of a lot as deemed necessary. Used To Be New reserves the right to augment the auction with items from additional Sellers, which may be interspersed and not specifically identified throughout the auction.
14. PERSONAL AND PROPERTY RISK. Persons attending preview and/or removal of items and lots, assume all risks of damage or loss to person and property and specifically assume all risks by reason of any defect in or condition of the premises on which the viewing and/or removal is held.
15. AS IS - WHERE IS. All items and lots are sold on an 'AS-IS', 'WHERE IS', ‘UNTESTED’, and 'WITH ANY and ALL FAULTS' basis 'WITHOUT EXCEPTION' with no warranty of any type expressed or implied as to the condition, completeness, functionality, or fitness for any particular purpose of any goods offered in this sale. Used To Be New and Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose.
6. CLAIMS – Inspect your items prior to departing the auction location to ensure correctness and completeness. No claims or adjustments will be allowed after the items or lots have been removed from the premises. No claim will be allowed or rescission of any sales based upon the failure of the item or lot to correspond with any expectation of the Buyer which exceeds that of the description and photographs sellers and attorney fees incurred.
17. INFORMATION DISCREPANCIES - While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and Used To Be New, contractors, licensees, employees, Sellers and agents will not be held responsible for errors, discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation.
18. INDEMNIFY AND HOLD HARMLESS. Buyer/s and or agents agree to indemnify and save harmless Used To Be New and their subcontractors, employees, licensees, agents, Sellers, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or lots purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after the auction or the privately negotiated sale and shall survive settlement or lack thereof. Used To Be New / Sellers, agents, etc., are not responsible for accidents. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer/s also agree to indemnify and save harmless Used To Be New, sellers, and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller's ownership, responsibility and liability.
21. LIMITATION OF LIABILITIES. You agree Used To Be New and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site or from your purchase or sale of goods through this site regardless of whether such liability is based in tort, contract, or otherwise
22. BINDING. It is agreed that the Bidder shall be bound by these terms and conditions, and if there is more than one bidder, the obligations imposed by these terms and conditions, shall be joint and severable. If any term or condition is determined by a court to be unenforceable, the remainder of the terms and conditions shall not be affected. All terms and conditions shall survive settlement or lack thereof.
23. ABSENTEE AND PROXY BIDS & PROCEDURES - All bids are handled by the online auction system of bidding. Buyer understands that all terms and conditions posted herein including addendums and attachments, apply to proxy bids as well. Because of the random nature of the auction bidding process, it is possible for the high bid to be by another Bidder, at the same amount that was left by a separate Bidder, therefore, it is agreed by the Bidder that neither Used To Be New, Sellers, licensees, employees nor representatives, including the online auction service provider assume any liability or responsibility of any kind whatsoever for failure to execute bids for or on behalf of the Bidder for any reason whatsoever.
24. CREDIT CARD DISCLAIMER - Used To Be New complies with the regulations of the Payment Card Industry (PCI COMPLIANT). For questions or concerns please do not hesitate to contact us at.
