Bidder Registration and Requirements. 

In order to bid, you will need to create an account and register as a bidder, providing any required contact and payment information, and completing any required forms. We may require you to provide documentation of your identity, bank or other financial references, and other qualifying information in order to bid at any time. We may also require that you deposit a portion of any bid that you place, in which case, if you are not the winning bidder, your deposit will be refunded to you, and if you are the winning bidder, your deposit may be used to offset the appropriate portion of the purchase price.

 

In any case, we may refuse registration or bidding access to any bidder at any time at our sole discretion, including, without limitation, if we believe such action is necessary to comply with the law or to maintain the integrity or reputation of the Services. You represent and warrant that all information you provide is true and accurate, and that you will not permit any other person or entity to bid using your account or login credentials.

 

 

Bidder’s Responsibility. 

Each bidder that places a bid is required to complete the transaction if they place the winning bid (or their bid is otherwise accepted), as a bid is a legally binding commitment to purchase the item if you are the winning bidder. When you place a bid on any item, you are accepting personal liability for the purchase price, any applicable taxes, all shipping and packing costs, and all other applicable charges. You also represent and warrant that any bids placed by you or on your behalf are not the result of any collusive or other anti-competitive agreement and are otherwise consistent with federal and state antitrust law.

 

Our Discretion. 

We reserve the right, at our absolute discretion, to: (i) reject or revoke your registration or permission to bid at any time before, during or after any auction; (ii) reject, revoke or refuse to accept any bid at any time before, during or after any auction (even bids that have been previously confirmed, whether on the Services, by email, text message or otherwise); (iii) determine bidding increments and otherwise advance bidding on the Services at any time in any manner we may decide; and (iv) restart or continue bidding during or after any auction conducted on the Services.

 

PLEASE NOTE: ALL BIDS ARE FINAL

Please note that all bids are final once submitted and may not be cancelled or modified by you, except with our express written consent under circumstances that we consider appropriate at our sole discretion. Potential examples include if a bidder accidentally enters the wrong bid amount on the Services (e.g. $10,000 instead of $1,000), if there is a material change to a listing of an item on the Services after a bid is placed, or if an item is withdrawn from an auction. You must contact us immediately after placing the bid at issue in order to request to cancel or modify any bid placed in error.

 

Reserves. 

Items for sale are subject to a reserve price (“Reserve”), as indicated on the Services, which is the minimum price below which the item will not be sold. An item’s Reserve will not exceed its low pre-sale estimate, if applicable. When you bid on an item with a Reserve, if your Maximum Bid meets or exceeds the Reserve, the system will automatically increase your bid to meet the Reserve, according to our automatic bidding increments. We may implement the Reserve for any item by opening bidding on behalf of the seller, and may continue to bid on behalf of the seller up to the amount of the Reserve, by placing consecutive or successive bids or bids in response to other bidders.

 

Absentee Bidding. 

We may offer absentee bidding Services in connection with some auctions, whereby we may collect bids via telephone, email and/or written forms (“Absentee Bidding Services”). All bids placed via Absentee Bidding Services are subject to our discretion and (with respect to Offline Auctions) the discretion of the Offline Auctioneer, as stated above in these Conditions. We offer Absentee Bidding Services for convenience only and do not guarantee or represent that they will be available at any time. We may refuse Absentee Bidding Services to any person at any time (even during an auction) at our sole discretion, and we will have no liability for any failure or refusal to provide Absentee Bidding Services under any circumstances. Bidders are responsible for their own expenses in connection with Absentee Bidding Services, including but not limited to any computer and telephone equipment and network provider costs, as applicable.

 

Bidding Information and Seller Communications.

 If you use the Services to bid in any auction, you agree that we may provide the seller with your name, email address and other contact information, and bidding information, and the seller may contact you about your participation in that auction and (if the seller is an organization) otherwise regarding their organization.

 

Bidding Record. 

Our own internal records related to bidding through the Services will be final and binding in all disputes. In the event of any inconsistency between our own internal records and any information provided to any bidder (whether on the Services, by email, text message, orally or otherwise), our own internal records will control.

Donated Artwork.

All two-dimensional and three-dimensional artwork donated for the auction will retain all the original copyrights of the Artist. Under these copyrights Artist can reproduce original work for prints, or any other reason or project decided upon by the original Artists. (i.e.) "The Artist retains all copyrights and reproduction rights for the artwork."

  

Taxes. 

The buyer is required to pay any and all sales taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay any taxes the seller is, or we are, as applicable, required to collect, but the failure of the seller or us, as applicable, to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes will be collected from the buyer in addition to the listed price.

 

Total Purchase Price and Payment Deadline. 

Subject to these Conditions, upon the confirmation of any Online Purchase, and upon the conclusion of any auction sale, the sale contract between the buyer and the seller is concluded, and the buyer must pay the Total Purchase Price at the  (“Payment Deadline”). The “Total Purchase Price” includes: (i) the purchase price of the item; (ii) any sales tax, use tax, VAT and/or any other taxes or levies that the seller or we are required to collect from the buyer under applicable law; and (iii) (for items sold in an auction) any applicable buyer’s premium.

 

Payment Processing. 

We may accept payment from the buyer on behalf of the seller in connection with some sales, in which case we will notify the buyer that we are doing so by email and/or by providing the buyer with an option to check out on the Services. In all other cases, the buyer will pay the seller directly. Different sellers may accept different payment methods and/or have additional terms and conditions that apply to payments made to them, and the buyer will be subject to those terms and conditions as applicable. We may accept payments from buyers by credit card, check or wire transfer at our sole discretion, and have no obligation to accept payment by other means. We accept American Express, Visa, MasterCard or Discover only. We may place limits on any credit card purchase and/or use third-party payment processors to process any transaction at our sole discretion. If the case of declined credit card payment, the buyer will remain personally liable for all amounts otherwise due. The buyer agrees to notify us directly in writing of any claims or issues regarding any payment made to us by credit card or any other means. All payments are in U.S. The buyer is responsible for any currency costs incurred to make all payments to us in U.S. dollars regardless of the buyer’s home currency or payment method. If we or the seller incur any bank fees receiving any payment from the buyer by wire transfer, the buyer will be responsible for those costs and agrees that (as applicable) we or the seller may charge those costs to the buyer. The buyer consents to us paying commissions out of amounts received from the buyer to third parties referring us clients or otherwise assisting us in connection with the sale of property.

 

Taxes. 

Unless exempt by law, the buyer is required to pay all sales and use taxes (including VAT-Value added Tax), export and/or import taxes and duties, and any other transnational taxes or levies (“Transnational Fees”) related to the purchase of property by the buyer. The buyer is required to pay the seller any taxes as the seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation. Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of Transnational Fees and any other fees not defined in this Agreement may be collected from the buyer in addition to any listed price.

 

Physical Ownership.

Physical Ownership will resume after purchase of the item and art exhibit on display from September 17-October 9. Upon commencement of the exhibit, the buyer is responsible for the payment arrangements from the gallery to the stated buyer location.

Shipping and Handling. The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us.

 

 

 

Resale. 

The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.

 

Remedies for Non-Payment. 

If the buyer for any reason cancels any payment made by credit card or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default ("Buyer Default") and will be liable for payment of such Total Purchase Price and any other applicable charges. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or the seller (whether at law, in equity, or under these Conditions), subject to the Ohio Uniform Commercial Code, the seller may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by the seller and the purchase price originally owed by the defaulting buyer. In any case, the defaulting buyer will be liable to us and the seller for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.

 

Staff Participation.

Staff may use the Services as bidders and/or buyers in their personal capacity (i.e. not as our employees, agents or representatives) as long as they do not have any confidential information about the item they are bidding on and/or buying . Likewise, if the seller in an auction is an organization, its staff may bid in that auction in their personal capacity, as long as they do not have any confidential information about the item they are bidding on. In all such cases, the staff member is personally subject to these Conditions like any other bidder and/or buyer.

Availability and Pricing.

We cannot guarantee that any property appearing on the Services will be available to sell or listed with the correct price, including but not limited to items listed with the Online Purchase feature. We reserve the right to cancel any Online Purchase order at any time if we are notified by the seller or otherwise determine at our sole discretion that the item ordered is not available to sell for any reason or was listed with an incorrect price, even after the buyer receives an order confirmation (whether on the Services, by email or otherwise). If your Online Purchase order is cancelled under such circumstances, we will notify you by email of such cancellation and you will be refunded for any amounts that you have already paid for the applicable item and its delivery to you (if any), and the Parties and the seller will otherwise have no liability whatsoever for any such cancellations or listing errors. You acknowledge and agree that all property appearing on the Services is subject to availability.

Authorship Warranty.

The Auction Host and its affiliates make no representations or warranties of any kind (express or implied) with regard to any property and will not be responsible for the Authorship Warranty provided by the seller.

 

Dispute Resolution.

As we are not the agent of any buyer, prospective buyer, bidder or seller for any purpose, the hosting Parties have no duty to resolve, and will not act as the agent of any buyer, prospective buyer, bidder or seller in connection with resolving any disputes. However, we reserve the right, but are not obligated, to investigate complaints or claims of buyers, prospective buyers, bidders or sellers, and you agree to cooperate with us in any such investigations that we may choose to conduct, as permitted by applicable law.

 

 

Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, AND ANY WARRANTIES THAT ANY BUYERS, PROSPECTIVE BUYERS, BIDDERS OR SELLERS WILL COMPLETE ANY TRANSACTIONS OR OTHERWISE PERFORM AS PROMISED, ALL OF WHICH THE HOSTINGOF THE GREATER DAYTON AREA PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ANY OF THE HOSTINGOF THE GREATER DAYTON AREA PARTIES BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN CONNECTION WITH THE EXECUTION OF ANY BIDS (WHETHER ONLINE, OFFLINE, ON THE SERVICES, IN AN EMAIL, OR OTHERWISE), OR FOR ANY INABILITY OR FAILURE TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY FAILURES RESULTING DIRECTLY OR INDIRECTLY FROM ANY LOSS OF INTERNET OR TELEPHONE CONNECTION OR FROM ANY BREAKDOWNS OR MALFUNCTIONS OF THE SERVICES OR ANY COMPUTER, DEVICE OR SYSTEM DIRECTLY OR INDIRECTLY AFFECTING THE AVAILABILITY OR OPERATION OF THE SERVICES.

Liability Limitation.

In no event will United Way of the Greater Dayton Area or its affiliates have any liability whatsoever with respect to the listing, marketing, offer or sale of any property through the Services, except that our liability to the seller may vary as otherwise stated in a separate written agreement between us and the seller. The exclusions and limitations of liability provided in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not any of the Parties have been advised of or should have known of the possibility of such damage or loss, and even if a remedy set forth in these Conditions is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the exclusions and limitations provided in this section may not be applicable.   

Choice of Law and Venue.

These Conditions, and the rights and obligations of the parties under these Conditions, will be governed by and construed in accordance with the laws of the State of Ohio and, to the extent applicable, the laws of the United States, excluding any conflict of laws principles. You agree that any claims or disputes arising out of or related to these Conditions, the Services, or the listing, marketing, offer or sale of property through the Services, must be resolved exclusively by a state or federal court located in Dayton, Ohio, United States. You and we each agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Dayton, Ohio, United States, for the purpose of resolving all such claims or disputes, and you waive any objection as to inconvenient forum.

Changes to these Conditions.

We reserve the right to change, modify, add or remove any part of these Conditions at any time at our sole discretion. All changes to these Conditions will be effective immediately when posted on the Services, and you agree to review these Conditions carefully and inform yourself of all applicable changes before buying or bidding on any property. Changes to these Conditions will not apply to any transaction, claim or dispute that arose before the changes became effective, all of which will remain subject to the version of these Conditions in effect at the time that such transaction, claim or dispute arose. Please save and/or print a copy of these Conditions for your records.

Miscellaneous.

These Conditions, together with any other applicable terms and conditions made available on the Services, and (as applicable) any written terms and conditions made available by us or the seller at a live event where the Services are used for bidding, constitutes all of the terms and conditions on which you may purchase, bid on, or inquire about property through the Services. If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permissible, and these Conditions will otherwise remain in full force and effect. No delay or failure by us to exercise or enforce any right or provision of these Conditions will be deemed a waiver of that or any other right or provision. We will not be deemed to have waived any right or remedy under these Conditions unless the waiver is in writing and signed by the host representative who intends and is duly authorized to agree to such waiver on our behalf. No single or partial exercise by us of any right or remedy under these Conditions will prevent any further exercise by us of any other right or remedy. These Conditions will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns, but you may not assign these Conditions or any right or obligation under these Conditions without our prior written consent. There are no third-party beneficiaries to these Conditions except as expressly stated in these Conditions.

 

Contacting Us.

If you have any questions about these Conditions, please email us at: derricka@dayton-unitedway.org  United Way of the Greater Dayton is located at: 33 W. First Street, Dayton, Ohio 45402, U.S.

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© 2020 by UNITED WAY OF THE GREATER DAYTON AREA

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