Welcome to Things & Stuff Auctions LLC. These Terms of Use ("Terms") govern your access to and use of our website located at [Your Website URL Here] (the "Site"), our online auction services, and any related services provided by Things & Stuff Auctions LLC. By accessing, Browse, or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Site.
1. Definitions
- "Site": Refers to the website operated by Things & Stuff Auctions LLC, located at [Your Website URL Here].
- "Things & Stuff Auctions LLC", "we", "us", "our": Refers to Things & Stuff Auctions LLC, a limited liability company organized under the laws of Connecticut, with its principal place of business in Salem, CT.
- "User", "you", "your": Refers to any individual or entity accessing or using the Site.
- "Member": Refers to a User who has successfully completed the registration process on the Site.
- "Auction": Refers to any online auction event conducted on the Site.
- "Item" or "Lot": Refers to any tangible personal property offered for sale through an Auction on the Site.
- "Hammer Price": Refers to the winning bid amount for an Item at the close of an Auction.
- "Buyer's Premium": An additional percentage charged on the Hammer Price, as specified in these Terms.
- "Total Purchase Price": The sum of the Hammer Price, Buyer's Premium, and any applicable sales tax, shipping fees, or other charges.
2. Use of Site
You may use the Site only in accordance with and subject to these Terms of Use.
2.1 Registration and Email Communication: Once you complete and submit your registration, you have opted-in to receive email communication from us. To remain a Member of this Site, you must agree to receive email from us, including transactional emails related to your account, bids, and purchases. You may opt-out of marketing emails at any time by using the unsubscribe link provided in such emails.
2.2 Payment Authorization: You must authorize Things & Stuff Auctions LLC to charge the credit or debit card you have entered on this Site for the Total Purchase Price of any Item you were the high bidder on. Your card will be charged within 24 hours of the auction end. Failure to keep valid credit card information on file will result in your use of the Site being terminated.
2.3 Pre-Authorization: To initiate your ability to bid with Things & Stuff Auctions LLC, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5-7 business days (American Express & Discover may take longer).
2.4 Credit Card Certification: You certify that you are an authorized user of the credit card provided and that you will not dispute the purchase payments with your credit card company, provided the transactions correspond to the terms indicated in this authorization outline.
3. Membership Eligibility
The Site is available to individuals who are 18 years of age or older. By becoming a Member, you represent and warrant that you are of legal age to form a binding contract. You also represent that you have not been suspended or removed by Things & Stuff Auctions LLC for any reason. As a Member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration forms. Furthermore, as a Member, you agree and acknowledge that you will maintain valid credit card information within your membership profile so long as you maintain an account with Things & Stuff Auctions LLC. Things & Stuff Auctions LLC reserves the right to refuse service, terminate accounts, or cancel bids at its sole discretion, for any reason, including but not limited to, violations of these Terms.
4. Buyer’s Contract
Bids placed on the Things & Stuff Auctions LLC website are a binding contract. As a bidder, you are responsible for paying all amounts due to Things & Stuff Auctions LLC, including the Hammer Price, Buyer's Premium, and all applicable taxes. Please do not bid if you are unable to pay and take possession of the Items within the specified time periods for each Auction, sale, or event. Any Items won and not paid for within 24 hours of auction close are eligible for sale to underbidder(s) without notice. In such an event, you may remain liable for any difference in the resale price (if lower than your winning bid) as well as any administrative, moving, storage, or collection fees incurred by Things & Stuff Auctions LLC. All sales are final. No returns, credits, or exchanges.
5. Item Descriptions
All Items are sold as-is, where-is, with all faults and without any warranty, express or implied. While Things & Stuff Auctions LLC will do its best to list any damage, repairs, or restorations in the Item description, the absence of such descriptions or conditions must not be taken to imply that the Lot is in perfect condition. Most of the Items Things & Stuff Auctions LLC sells are antique, vintage, or used, and you should expect signs of wear consistent with age and previous use. Things & Stuff Auctions LLC strongly recommends and offers preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing your bids. Condition reports may be available upon request via email to [your actual business email address, e.g., info@thingsandstuffauctions.com]. All sales are final. No returns, credits, or exchanges.
6. Buyer’s Premium
A buyer’s premium of 18% will be added to the Hammer Price in all Auctions and will be charged along with the Hammer Price and applicable sales tax to the credit or debit card you have on file with Things & Stuff Auctions LLC within 24 hours of the auction end.
7. Sales Tax
All sales are subject to appropriate state and local sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt and verification of such information by Things & Stuff Auctions LLC, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and address must precisely match the name and address on your resale certificate.
8. Retention of Credit Card Information
By providing your credit card information to Things & Stuff Auctions LLC, you authorize Things & Stuff Auctions LLC to charge your credit card for the Total Purchase Price of any successful bid. Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the Site being terminated. To initiate your ability to bid with Things & Stuff Auctions LLC, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5-7 business days. You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company, provided the transactions correspond to the terms indicated in this authorization outline. Things & Stuff Auctions LLC utilizes a secure, third-party payment processor and does not store your full credit card information directly on its servers for security purposes.
9. Pick-Up
Successful buyers must pick up their Items at the designated sale location within the assigned time frame as stated in the specific Auction details page.
If after winning an Item, you determine you are unable to pick up your Items during the scheduled removal times and dates, you must contact Things & Stuff Auctions LLC via email at [your actual business email address, e.g., info@thingsandstuffauctions.com] or phone at [your actual business phone number] within 24 hours prior to the scheduled pick-up date. We will then determine, at our sole discretion, if alternate arrangements can be made. These arrangements will be subject to additional transport, labor, and/or storage fees, which must be paid prior to release of the Items.
10. Forfeiture of Items
Any Items not paid for and/or not picked up during the specified pick-up time in accordance with these Terms & Conditions will be forfeited by you without refund. Things & Stuff Auctions LLC, at its sole discretion, will reoffer the forfeited Items for sale or donate them to a charity of Things & Stuff Auctions LLC's choosing. Things & Stuff Auctions LLC reserves the right to report your account to collections for the combined total of the original invoice amount and any moving, storage, disposal, or re-sale charges incurred. Your membership with Things & Stuff Auctions LLC will be revoked unless past due invoices and any additional charges are paid in full.
11. Prohibited Use
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose, or otherwise distribute any part of the Site.
12. Shipping
Things & Stuff Auctions LLC offers in-house shipping for certain Items that fit within a 12" x 12" x 8" box. If Item(s) are larger than these dimensions, or if we deem them to require specialized packing, they will be sent to a third-party shipping company to be packed, billed, and mailed. WE ONLY SHIP ITEMS FULLY INSURED.
If you would like your Item(s) shipped, please email us with your correct Name, Mailing Address, and Which Auction the Item(s) are from to [your actual business email address, e.g., shipping@thingsandstuffauctions.com]. We will invoice you from Things & Stuff Auctions LLC for your shipping and handling costs. After your shipping invoice is paid in full, you will receive your tracking information, and your Item will be shipped.
- WE CANNOT MOVE OR STORE YOUR ITEMS PAST THE DESIGNATED PICK-UP PERIOD IF SHIPPING IS NOT ARRANGED AND PAID.
- WE WILL NOT SHIP YOUR ITEMS UNTIL THE SHIPPING INVOICE IS PAID IN FULL.
- IF THE SHIPPING INVOICE IS NOT PAID WITHIN ONE (1) WEEK OF THE AUCTION END, YOUR ITEMS WILL BE FORFEITED WITHOUT REFUND, as per Section 10.
13. A Note About Extended Bidding ("Soft Close")
Things & Stuff Auctions LLC online auctions feature extended bidding (a.k.a. "soft close"). This mechanism is designed to mimic the actions of an auctioneer in a live auction within an online, automated format. During a live auction, the auctioneer provides bidders opportunities to increase their bids before "hammering" the winning bid (when there is no further interest in the lot). Our online, automated system will automatically extend the closing time of a Lot (auction Item) whenever a bid is placed within the last five (5) minutes of its scheduled closing time. This extension allows other interested bidders an opportunity to increase their bid (if they wish to do so). This may occur multiple times on any given Lot depending on bidder interest. Once all interest and bidding in a Lot ceases, the clock will run out, and the Lot will officially close.
14. Intellectual Property
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Things & Stuff Auctions LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Things & Stuff Auctions LLC and protected by U.S. and international copyright laws. You may not use any of Things & Stuff Auctions LLC's trademarks, trade names, or service marks without our prior written consent.
15. Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy at [Link to your Privacy Policy Page Here] to understand our practices regarding your personal information.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THINGS & STUFF AUCTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THINGS & STUFF AUCTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
IN NO EVENT SHALL THINGS & STUFF AUCTIONS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR USING OUR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
17. Governing Law & Dispute Resolution
17.1 Governing Law: These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles.
17.2 Mandatory Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms of Use, your use of the Site, or any Auction transaction (collectively, "Disputes") will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in New London County, Connecticut, or at another mutually agreed location.
17.3 Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the Dispute between Things & Stuff Auctions LLC and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THINGS & STUFF AUCTIONS LLC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. Modifications to Terms
Things & Stuff Auctions LLC reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material (as determined by us in our sole discretion), we will provide at least thirty (30) days' notice prior to any new terms taking effect. We may provide notice by posting the updated Terms on the Site, sending an email to the address associated with your account, or other reasonable means. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
19. Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms of Use remain in full force and effect.
20. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other legal notices published by Things & Stuff Auctions LLC on the Site, constitute the entire agreement between you and Things & Stuff Auctions LLC regarding your use of the Site and supersede any prior agreements, whether written or oral, between you and Things & Stuff Auctions LLC.
