Terms and Conditions
Bidder's Terms
These BIDDER’S TERMS (these “Bidder’s Terms”) govern your access and use of www.aucto.com (the “Site” or “Website”), operated by Aucto Inc. (collectively with its affiliates and subsidiaries, “Aucto”, “we”, “our” or “us”) and the services set forth therein. These Bidder’s Terms are in addition to Aucto’s Privacy Policy, the Aucto Website Terms and Conditions, any Seller’s Terms, and the terms and conditions of any other agreement you may have with Aucto for products, services or otherwise. In the event of a conflict between these Bidder’s Terms and any such other agreement, the other agreement will control. You, the user, accept these Bidder’s Terms by using the Site and/or clicking below, effective immediately upon such acceptance (the “Effective Date”).
I. Definitions.
(a) “Absentee Bid” means a bid placed automatically by Aucto’s bidding technology on behalf of a Bidder up to the Bidder’s Max Bid.
(b) “Bidder” means a person holding a Verified Bidder Account.
(c) “Max Bid” means the highest amount entered by a Bidder that the Bidder is willing to pay for a lot in an Online Auction or Webcast Auction.
(d) “Online Auction” means an auction event where all bidders are required to bid online only.
(e) “Seller” means a person or entity approved to sell on the Site.
(f) “Services” means (i) browsing the Site; (ii) communicating with Sellers; (iii) bidding in Online Auctions and Webcast Auctions, upon approval from Sellers; (iv) purchasing items for sale; (v) using Aucto’s Bidder Portal to manage bids, purchases, payments and shipments; and (vi) using Aucto’s Payment Distributor to pay for purchases.
(g) “Verified Bidder Account” means a purchasing account which is verified by Aucto upon receiving a valid and accepted credit card. Verified Bidder Account holders can purchase items from Aucto’s Marketplace and register for Online Auctions and Webcast Auctions.
(h) “Webcast Auction” means an auction event where bidders may bid online or bid in person.
II. Account and User Access.
(a) To access and use the Services, you must hold a Verified Bidder Account on the Site, in accordance with and subject to the Aucto Website Terms and Conditions. Any reference to a user account in the Aucto Website Terms and Conditions shall also include Verified Bidder Accounts.
(b) Aucto reserves the right to remove or alter all or a part of the Services at its sole discretion; with or without notice to the Bidder.
(c) You acknowledge and agree that Aucto’s ability to provide the Services may be hindered or interrupted by technical problems caused as a result of internet connectivity issues, faults in Aucto’s Website, network, technology, servers, software and hardware or errors caused by Aucto’s Auction Controller staff (“Technical Malfunctions”). Under no circumstances, shall Aucto be liable to the Bidder, its affiliates or any third party for any damages, real or perceived, caused by Technical Malfunctions.
III. Seller Approval.
(a) Each Seller hosting an Online Auction and/or Webcast Auction on the Site reserves the right to review Bidder profiles and accept or reject Bidders to participate in their event at Seller’s sole discretion.
(b) Each Seller reserves the right to request additional information or a monetary deposit as a condition to approve a Bidder to participate in their sale event.
(c) Aucto is not a party to any agreement made between a Bidder and a Seller.
IV. Placing Bids.
(a) Upon approval from the Seller, Bidders may place bids on the lot(s) they wish to purchase in Online Auctions or Webcast Auctions. At the time of auction expiration, the Bidder with the highest bid on each lot will be considered the winning Bidder, pending approval from the Seller.
(b) You may place a Max Bid on a lot in an Online Auction or Webcast Auction. When you place a Max Bid, Aucto’s bidding technology will automatically place Absentee Bids on your behalf on that lot up to the Max Bid.
(c) Online Auctions on Aucto may have a time extension. If a bid is placed on a lot in the last minute prior to the time expiring on that lot, the bidding time on that lot will be extended for a pre-determined period of time.
(d) In a Webcast Auction, Aucto will communicate the leading online bid to the Seller. You acknowledge and agree that any bid you place is subject to the approval of the Seller. The Seller reserves the ultimate right to accept or reject any bid communicated by Aucto on your behalf.
(e) Once a bid is placed, it is considered final and binding. A Bidder may not remove or cancel a placed bid without express permission from the Seller.
(f) By placing a bid on a lot, the Bidder acknowledges and agrees to abide by all terms set forth in this agreement and the Seller’s Terms.
(g) The Seller may choose to publish the auction results at the time of auction expiration. You acknowledge and agree that bids placed by you on the Site may be visible to public on Aucto.com.
(h) You acknowledge that an auction event or lot for sale may be removed from the Site and excluded from a sale at the Seller’s sole discretion.
V. Purchase and Sale Agreements; Disclaimers.
(a) If you are the winning Bidder in any auction, or if you purchase an item from the Site, you will be entering into a purchase and sale agreement directly with the Seller. You as the Bidder assume all risk and liability associated with any agreement you enter into with a Seller on the Site.
(b) Aucto has no control over items sold on the Site and Aucto does not review or evaluate the condition, quality or origins of the items sold or verify the claims made by each seller regarding its items listed for sale on the Site.
(c) Aucto has no control over the terms governing each sale event set out by Sellers on the Site (the “Seller’s Terms”).
(d) AUCTO IS NOT A SELLER ON THE SITE AND IS NOT A PARTY TO ANY PURCHASE AND SALE CONTRACT YOU ENTER INTO WITH ANY SELLER ON THE SITE.
(e) AUCTO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ON ANY ITEMS LISTED FOR SALE ON THE SITE. ALL ITEMS SHOULD BE CONSIDERED IN “AS-IS, WHERE-IS” CONDITION UNLESS STATED OTHERWISE BY THE SELLER.
(f) Aucto shall not be held liable for any act or omission of any Seller on the Site.
VI. Fees.
(a) Aucto does not charge any registration fees to Bidders for registering an account on the Site.
(b) You hereby acknowledge and agree that any item you bid on or purchase on the Site may be subject to the following charges; in addition to the bid amount: (i) Taxes (defined below); (ii) shipping, handling and removal charges charged by the Seller; (iii) a Buyer’s Premium charged by the Seller and listed on the item page on the Site; OR an Aucto Buyer’s Premium, charged by Aucto and listed on the item page on the Site; and (iv) all other charges as listed in the Seller’s Terms and/or on the item page on the Site.
(c) You shall be solely responsible for and shall pay when due any sales, use, transfer, excise, VAT, or other federal, state, local or foreign taxes, duties, tariffs, fees or other assessments (and related interest and penalties) (collectively, “Taxes”) applicable to your acts or omissions related to your use of the Site, including but not limited to your purchase and/or sale of equipment and/or goods through the Site. You hereby agree to indemnify, defend and hold harmless Aucto from any and all obligation or liability to pay such Taxes.
(d) Sellers have the option to utilize Aucto Payment Gateway to process payments. With Aucto Payment Gateway, Buyers will have the option to pay via wire transfer or credit cards (VISA, MasterCard, Discover, or American Express). Paying via credit cards will only be available for orders under $5000.
VII. Payment of Aucto Buyer's Premium.
(a) Some items available for sale on the Site may be subject to an Aucto Buyer’s Premium. If applicable, the amount of the Aucto Buyer’s Premium will be clearly displayed when you place a bid on the item or add the item to your cart.
(b) Any Aucto Buyer’s Premium due will be invoiced along with your purchase and is due immediately upon receipt of invoice.
(c) The Aucto Buyer’s Premium is paid automatically to Aucto when a Bidder makes a payment to the Seller using Aucto’s Payment Distributor. You acknowledge and agree to pay to Aucto the Aucto Buyer’s Premium due. You further acknowledge and agree that any Aucto Buyer’s Premium due will be automatically deducted from the payment you make to the Seller.
(d) If taxes apply to the Aucto Buyer Premium, they will be added to the Aucto invoice for the Buyer Premium.
VIII. Bidder Obligations.
(a) You agree to comply with all obligations set forth in the Aucto Website Terms and Conditions and Privacy Policy.
(b) You acknowledge and agree that you are solely responsible for performing any due diligence on any item you wish you to bid on or purchase on the Site.
(c) Placing a bid in an auction-style event, making an offer to purchase, or committing to buy an item on the Site is a legally binding obligation. If you are the successful buyer, you agree to pay the amount of your bid, plus all applicable taxes and charges and any buyer’s premium, in the time and manner designated by the Seller and as set forth herein.
(d) You further agree to comply with the Seller’s Terms, as posted on each particular auction, liquidation, or sale, and with all applicable laws, rules, and regulations. If you fail to pay any amounts owed, Aucto may, in it’s sole discretion, temporarily or permanently terminate your user account and/or deny you access to the Site, and Aucto expressly reserves the right to exercise any and all rights, and pursue any and all legal remedies, that it may have, in law or equity.
(e) You acknowledge and agree that Aucto will not, at any time, act as an agent on behalf of any Bidder or Seller.
(f) You acknowledge and agree that Aucto monitors a Bidder’s bidding history, login history, IP address and other browsing history which it may make available to a Seller upon request.
IX. Modifications.
We reserve the right to alter, modify or change these Bidder’s Terms, our products, services or any other content of the Site, at any time and in our sole discretion. We do not, however, make any commitment to update such materials. Any alteration, modification or change will be effective immediately upon posting on the website, and you waive any right you may have to receive specific notice of such alteration, modification or change. Frequently review these Bidder’s Terms and all applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree with these Bidder’s Terms, or to any alteration, modification or change, you must stop using the Site and Services. Your continued use of the Site or any service from Aucto following the posting of any alterations, modifications or changes constitutes your acceptance.
X. Governing Law; Venue.
These Bidder’s Terms shall be governed by and construed under the laws of the State of Ohio without regard to any conflicts of laws principles. Any claims or disputes regarding these Bidder’s Terms shall be exclusively heard in the state courts of the State of Ohio, Fulton County or in the U.S. District Court, Northern District of Ohio, and the parties hereto consent to the exclusive personal jurisdiction of venue in such court. The parties waive any defense based upon forum non conveniens, lack of jurisdiction and they hereby waive trial by jury.
XI. Miscellaneous.
You shall not assign any of your rights or delegate any of your duties or obligations under these Bidder’s Terms, whether by operation of law or otherwise, without the prior written consent of Aucto. The headings in these Bidder’s Terms are for reference only and shall not affect the interpretation of these Bidder’s Terms. No agency, partnership, joint venture, or employment relationship is intended or created by these Bidder’s Terms. If any provision of these Bidder’s Terms are held invalid or unenforceable in any respect, the parties agree that such term or provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remainder of these Bidder’s Terms and all other provisions hereof will not be affected thereby. No failure or delay in exercising any right under these Bidder’s Terms shall operate as a waiver of such right, and no single or partial exercise of any such right shall preclude any other or further exercise of such right or any other right. The provisions of these Bidder’s Terms shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, and permitted assigns.