The use of this website and services on this website provided by EZAuction (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
“We,” “us,” and “our” are references to EZAUCTION.COM.
“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.
” Website” shall mean and include ezauction.com and any successor Website of the Company or any of its affiliates.
“ Service” defines the “website” accessibility, and the utilization of users the ability to input bids and purchases through ezauction.com. Furthermore, use of said “service” implies consent and agreement to all terms, conditions, policies provided on ezauction.com
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
- YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
- LIMITATIONS OF OUR LIABILITY TO YOU; AND
- A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.
To bid on an item, the user must be a registered with the Website, ezauction.com. By submitting a bid, the bidder acknowledges and accepts all the terms and conditions listed on the Website. Please take a few seconds before placing bids to review the auction details, as EZAuction cannot edit or delete bids once they have been submitted.
All registered users will gain access to utilize ezauction.com to place bids on products/lots. Once a bid is placed, other registered users can place their bids on the same lot, in an attempt to win the bidding, by the end of the lot’s auction time expiration.
Bidding Extension: If a lot on the auction has a time expiration of 5 minutes or less and another user places a bid, higher than the current bid amount, the auction’s time expiration for this lot will reset to 2 minutes.
Example: If a user is currently winning an auction/lot with a time expiration of 2 minutes and another user places a bid higher than the current bid amount, the time expiration for this product will reset to 2 mins.
Proxy bids: A proxy bid is an incremental price rise, set by the auction, to assist users in winning auctions/lots, without going over their maximum bid, for said lot. EZAuction proxy bids are set at an incremental increase of $1.
Example: If a user is bidding on a product, and they’re currently winning at $15 and they have placed a maximum bid of $50.00, for that specific product, EZAuction will automatically bid $1 in the user’s behalf, if another user bids higher than the current price, on that lot. In this case, if another user bids $20, as their maximum bid, EZAuction will place a bid on the auction of $21 ($1 increment), in favor of the original highest bidder/user. This will continue until the maximum bid of $50 has been exceeded by another user.
If the user’s maximum bid is exceeded by another user, they will lose the lot. If the user’s maximum bid is not exceeded, they will successfully retain the highest bidder position and win the lot.
As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
All prices on this website are in US dollars.
We make every effort to ensure that all prices displayed on the site are accurate. However, errors are possible.
While we make every effort to maintain stock of all products advertised for sale on our website, this cannot be guaranteed, and by acknowledging receipt of your order, we are not entering into a binding contract to supply the products you have ordered, but do not currently have in stock.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the site; however, we do not warrant that the product descriptions, colors, information, or other content available on the site are accurate, complete, reliable, current, or error-free.
This site may contain typographical errors or inaccuracies and may not be complete or current. EZAUCTION, therefore, reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
DESCRIPTIONS AND PRODUCT INFORMATION
We have made every effort to accurately represent the products and their packaging. However, due to monitor calibration differences, we cannot guarantee that the color you see on your monitor accurately represents the color of the product and its packaging. Naturally, if you have any questions about the product, you may contact us.
EZAuction warrants that the goods you purchase will conform to the description provided by EZAuction. Each description or specification of the Products we sell is made in good faith and is accurate to a reasonable degree, as we manage the Website and process all products available through EZAuction.com, independently.
No statement, description, information, warranty, condition, or recommendation contained in any catalog, price list, advertisement, or verbal communication made by an employee of EZAuction shall be construed to enlarge, vary, or supersede any provision of these Terms in any way.
“New” – these are products that appear visually to be brand new or have never been used. These products have not been functionally or completely tested. “New” products indicate that they may have been obtained through a variety of sources – shelf pulls and overstock (factory strapped/tapped), open box or returns. “Used” – products labeled “Used” have been previously unpacked from packaging and clearly used. If possible, products will have secondary photographs that show may or may not show damage but may not be inspected for completeness or functionality and may have additional damages than those discovered during initial inventorying and the listing process.
LOSS OF BIDDING PRIVILEGES
Bidding privileges may be revoked if the buyer’s credit card is declined. Additionally, EZAuction reserves the right to revoke bidder privileges for failure to comply with the Terms & Conditions. EZAuction reserves the right to restore privileges at our sole discretion.
Invoices are generated and sent for each product via email, in the event of a user’s having a closed winning bid. If user with the closed winning bid has not received an invoice, please check spam folder. If invoice is still missing, please contact us.
PICKING UP PRODUCTS
The buyer must present a valid driver’s license at the time of pickup. At the time of pickup, buyer may be asked for identifying information, not limited to Card Used to make Purchase, Name, Phone Number and/or Email Address. Buyer/User/Winning Bidder has 3 days from the date of auction expiration date to pick up products. If the product(s) are not picked up within 3 days of auction expiration date, it will be considered forfeited to EZAuction, liable for 15% restocking fee and product will/can be disposed of, resold, or donated, without eligibility of refund of buyer/user/winning bidder.
EZAuction reserves the right to terminate, postpone, or extend an auction or pickup time for any reason and at any time. Additionally, any item may be removed at any time from the online auction. EZAuction reserves the right to refuse sale at any time, prior to receipt of payment.
CONFORMITY OF GOODS
We take great care to ensure that the product descriptions and specifications are accurate at the time of publication. However, the specifications and descriptions of products on this Website are not intended to be binding and are solely for the purpose of providing an overview of the products. Additionally, while we make every effort to ensure that each detail of each product is presented accurately, we cannot accept responsibility for any color variation caused by your browser or the device used to view the products.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of ezauction.com.
· You further agree not to use the Website or Services:
· To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
· To violate any of our intellectual property rights or any third party.
· To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
· To perpetrate any fraud.
· To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
· To publish or distribute any obscene or defamatory material.
· To publish or distribute any material that incites violence, hate, or discrimination towards any group.
· To unlawfully gather information about others.
No use of the EZAuction logo or other artwork will be allowed for linking, absent a trademark license agreement or written permission by EZAuction.
You agree that the Website and all Services provided by us are the property of EZAuction, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless EZAuction and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by EZAuction. EZAuction reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EZAuction in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the ezauction.com Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall EZAuction, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
This website originates from Arizona, United States. The laws of Arizona, United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Arizona, United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us page.
This document was last updated on September 22, 2022