Terms & Conditions For Auctions Through HiBid
Terms and Conditions
You must Read These Lily Girl's Treasure Auctions' Terms and Conditions Carefully. You can review the most current version of the Terms at any time at . This Agreement was last revised on December 29th, 2021. If you have any questions regarding this Agreement, please contact at [email protected]. AGREEMENT TO TERMS: Access and use of any online auction site of Lily Girl’s Treasure Auctions is subject to all specific terms and conditions set forth on any individual page within the site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. Lily Girl’s Treasure Auctions reserves the right to change the terms and conditions of the User Site Agreement at any time, and it is the Bidder's responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes. By using the website you agree to standards of conduct and obligation: By using this site you are entering into and agreeing to provide complete and accurate information without errors and omissions. If you notice or find errors in your said information you will notify website administrator immediately via email at [email protected]. You will also be prompted to enter a valid email address which will immediately be sent a email link requiring verification. When you visit our website www.facebook.com/lilygirlstreasures or send us emails you are communicating with us electronically. You consent to receive communications with us electronically. We will communicate with you by email, or Facebook messenger. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. Property Listed for sale, Content Functions, Materials, Services And Information Made Available on or Accessed through the Services or The Faults And Without Representations or warranties of any kind whatsoever, expressed or implied, Including Without Limitation, Non Infringement, Merchant ability or fitness for a particular purpose. Lily Girl’s Treasure Auctions Does Not Warrant The Compliance of Property of Hazardous Materials or Lack Thereof. REGISTRATION: All Bidders must be 18 years of age or older. Lily Girl’s Treasure Auctions at its sole discretion, may deny registration to any person or entity. Only registered bidders are allowed to participate in an auction. BUYER'S PREMIUM: A BUYER'S PREMIUM and/or Processing Fee on Auction Items sold. The fees will be applied to All Winning Bids and will be added to the invoice at auction close. Processing fee is an additional charge for which the buyer is responsible, it is a fixed percentage of the final selling price. All fees, including Buyers Premium, must be paid prior to releasing any Auction Items for pick up and transport. PAYMENT and Payment Period: Buyer will receive an invoice via email after the close of the auction. The payment period for all auctions shall be determined by Lily Girl’s Treasure Auctions and will be posted in the auction specific page terms and on Item detail pages. Full payment from the winning bidder in the amount of the auction closing price, full payment may include applicable Buyer’s Premiums and sales tax, shipping fees, processing fees must be posted to a secure payment account designated by Lily Girl’s Treasure Auctions. Payment for purchases must be made by cash, debit card, or credit card, unless otherwise noted in the specific auction's terms and conditions. Buyer Default: If the Payment period has ended, the buyer does not make full payment in accordance with the set forth above, the Buyer is considered in default and their Auction Item(s) will be relisted in an Online Auction and a 25% relisting fee (which You agree is a reasonable estimate of the minimum damages incurred by Lily Girl’s Treasure Auctions. And you also need to see the paragraph below because A buyer default also includes a Suspension and possible Permanent Ban. Sellers Commission Rates Per Lot:
Sellers Commission = 20%
Listing fees on items above $10 = $2/item
SUSPENSION / PERMANENT BAN: A Bidder will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Bidder will be permanently banned from this Site for failing to honor an auction bid made under that Bidder's bid number. General use provisions Lily Girl’s Treasure Auctions and or Affiliates in it’s sole discretion may ban from further use any buyer or seller which auction company believes to have misrepresented itself or any items selling, failing to abide by terms and conditions, or conduct any improper auction behavior determined solely by Auction Company. Any seller who misrepresents their items in any and buyer who in probably fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions. The balance will be due within 5 business days and prior to removal, payable by cash, debit card, or credit card. If Buyer is paying with cash and does not come to retrieve items won in an Auction, he/she will be suspended until the 25% relisting fee is paid in full. As for all other buyers; the Auction fees will be charged immediately after winning items won, and if the card on file fails to charge for items won you are held to same fees as cash Buyer. SHIPPING AND HANDLING FEES: All Shipping and Handling Fees will be calculated on approval of the winning bids. And Bidders will be held accountable for all shipping charges and other fees associated with Shipping. (Shipping and Handling and Supplies to ship) This is and will be a mandatory fee when shipping is requested. On $100 dollars or less, there will be a $5 dollar charge to be added to the delivery fees. On $100 dollars or more, there will be a $10 dollar charge to be added to the delivery fees. Application of Shipping Fees are below in the highlighted box! Estimates Below are just estimates… Prices will vary! Item Types
Estimated Domestic Shipping Cost*
Art Glass TBD – Contact For Information
Books, Magazines, & Papers $7 - $14
Clothing & Accessories $4 - $7
Coins, Medals, & Paper Money $1 - $3
Flat Art – Framed $12 - $50
Flat Art – No Frame $7 - $15
General Antiques $20 - $80
Jewelry & Watches $6 - $10
Shipping Cont-: Within three days of the end of the auction we need to know your intent to pick up or to have your items shipped. Additional fees will be applied and are the responsibility of the buyer; fees are but not limited to packing, permits, transportation, and cleaning. If the person picking up the item is different than the registered buyer; the registered buyer must establish that the person or company is an authorized agent picking up the item. By completing an authorized agent release form. Buyers may not transport Auction Items until full payment (including any applicable sales tax and Buyers Premium) has been received posted to a secure payment account designated by Lily Girl’s Treasure Auctions. SALES TAX: All sales are subject to TX Sales Tax laws. If Bidder claims an exemption from sales tax, it is the Bidder's responsibility to provide the appropriate resale or exemption certificate for each auction at which the Bidder makes a purchase. ITEM DESCRIPTIONS/ Condition: The descriptions of items or lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Lily Girl’s Treasure Auctions concerning any items or lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items and lots were available for inspection prior to the auction and, by these terms Lily Girl’s Treasure Auctions and Owner/Seller strongly encouraged Bidder to carefully inspect each item or lot to determine the nature, quality, condition, quantity and size of the item or lot. Bidders can rely solely on personal inspection and not on information listed on the Site or otherwise provided by Lily Girl’s Treasure Auctions or Owner/Seller. The IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Lily Girl’s Treasure Auctions does not have control over the items or lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Auctioneer is not responsible for the actions the Sellers and Buyers take before, during, and after the auction. WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. Lily Girl’s Treasure Auctions and the Owner/Seller reserve the right to do so at any time before or during the sale. Sellers or their agents reserve the right to bid on their own behalf to protect their investment. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids in their sole discretion. REMOVAL: Merchandise becomes the full responsibility of Buyer at the close of auction, and Buyer assumes all risk of loss and damage to property until removed from sale premises. The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis. THERE ARE NO EXCEPTIONS TO REMOVAL DEADLINES!! Items remaining after removal deadline will be considered as abandoned, and ownership will revert to Lily Girl’s Treasure Auctions, who may resell or dispose of items. Any funds paid will be forfeited for failure to abide by the terms of sale. If Buyer shows up after deadline ends to pick up a won item(s), there will be an additional 25% storage fee for holding item(s): unless otherwise contacted before deadline ends, but still may be charged a 10% storage fee. Auction sites are potentially hazardous places. Anyone entering an auction site does so at their own risk. Bidders will advise their employees etc. to use caution while entering a potentially hazardous work environment. Warning is extended to parties disconnecting or removing equipment from the site. Bidders and associates involved in preview, sale, and removal at this auction are liable for all risk of injury, damage or property loss. Lily Girl’s Treasure Auctions and the sellers are free from any liability. ADJUSTMENTS: No adjustment will be made with regard to merchandise inventory after the item or lot has been removed from the sale premises, or after the removal deadline whether or not the property has been removed. Lily Girl’s Treasure Auctions reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction sale. Full Release DISPUTE BETWEEN BIDDERS or Buyer and Seller : Lily Girl’s Treasure Auctions is not a party to any transaction or the auction items. Lily Girl’s Treasure Auctions is only the auction house. Lily Girl’s Treasure Auctions has no control over the Sellers, Buyers or any other aspect of the transactions. From time to time Lily Girl’s Treasure Auctions may have title to or possess Auction Items listed on the website; nevertheless, Lily Girl’s Treasure Auctions is not a party to any transactions related to such item. The final high bidder shall be designated at the end of each item or lot. If a dispute arises between two or more Bidders, Lily Girl’s Treasure Auctions reserves the right to reopen bidding. Lily Girl’s Treasure Auctions designation of the Buyer shall be final. Due Diligence: Due Diligence is the responsibility of the bidder/buyer. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Any bidder’s failure to inspect, or to be fully informed on the quality or condition will not constitute grounds for any claim, adjustment, refund, termination of the pricing, or how to bid; If You Are in any way unsure as to any matter herein, Lily Girl’s Treasure Auctions Urges you Not to Bid. INDEMNITY: Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and Lily Girl’s Treasure Auctions and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. CONSENT TO SUIT IN TEXAS: In the event of legal proceedings arising from this contract or from the auction in connection therewith, buyer consents to being subject to the personal jurisdiction of the courts of the State of Texas. Buyer also agrees that venue shall be in Bee County, Texas and that the laws of the State of Texas shall govern this Agreement and the parties' transaction hereunder. TERMINATION OF AGREEMENT: This Site User Agreement constitutes a binding agreement between Bidder and Lily Girl’s Treasure Auctions until terminated by Lily Girl’s Treasure Auctions. Lily Girl’s Treasure Auctions may terminate this agreement at any time, without notice, in Lily Girl’s Treasure Auctions sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction site. Lily Girl’s Treasure Auctions reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder's access to, or use of, part or the entire Site without notice or penalty. INTERRUPTION OF SERVICE: Lily Girl’s Treasure Auctions cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. Lily Girl’s Treasure Auctions in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of Lily Girl’s Treasure Auctions is final. PRIVACY: Lily Girl’s Treasure Auctions gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Lily Girl’s Treasure Auctions does not sell or rent this information. Lily Girl’s Treasure Auctions uses email mailing lists to notify its customers about online, live auctions and items. BID IS A CONTRACT: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated your bid. MAX BIDS: As a Bidder, you may enter a number amount higher than the bid required and your bid will not increase until another bidder bids on the item or if another bidder already has a higher max bid submitted. Max Bids are not disclosed. Bids can always be increased, whether the maximum is current or not. You may enter your max bid and the computer will do the rest using only what is needed. (Example: Just because you bid $25, $45, $100 etc. it doesn’t mean you pay that. You could get the item for whatever the current amount is as long as someone else doesn’t bid on the item.) BID REJECTION AND RESERVES: Lily Girl’s Treasure Auctions reserves the right to reject any and all bids if they so choose. Here at Lily Girl’s Treasure Auctions we ask to be notified before the auction of reserves for the purpose of reason-ability of it being reached. If we feel it is too high of an amount, we will not try to sell it. Any online announcement made by Lily Girl’s Treasure Auctions the day the bidding ends takes precedence over any printed previous notices and website notices. Limitation of Liability: In No Event Shall Lily Girl’s Treasure Auctions Nor Sellers Be Liable for any Damages of any kind arising from (a) any Injury to any person or Property caused by the Equipment or (b) Defects in such Equipment on any Theory of Liability Including without limitation Product Liability Except Only in the Case of Personal Injury Where and to the Extent that Applicable Law Requires Such Liability, In addition, IN No Event Shall Lily Girl’s Treasure Auctions or Seller be Liable for any Special, Incidental or Consequential Damages That Are Directly Or Indirectly Related to the Use of, or The inability to the use, The service, The site or its content including without limitation the inspection Report and Materials and Functions Related thereto, including without Limitation, Loss of Revenue or anticipated profits or lost business or lost sales, even if Lily Girl’s Treasure Auctions or Authorized Representative Thereof Has Been Advised of the possibility of such Damages. Some jurisdictions Do Not Allow The Limitation or Exclusion of Liability for Incidental or Consequential Damages so some of the above Limitations May not apply to certain users. In No Event shall the total Liability of Lily Girl’s Treasure Auctions to you for all damages loses and causes of action. (Whether IN Contract OR Tort, Including But Not Limited TO, Negligence, Product Liability OR Otherwise) Arising from this Agreement OR Your Use Of The Website And The Service Exceed, In The Aggregate, $100,000. The Foregoing Limitation Shall Apply And Survive Not Withstanding Any Failure Of Essential Purpose OF Any Remedy. Disclaimer of Warranties: THE SERVICES AND THE WEBSITE, INCLUDING ALL PROPERTY LISTED FOR SALE, CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS","AS AVAILABLE" BASIS "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Lily Girl’s Treasure Auctions DOES NOT WARRANT THE COMPLIANCE OF PROPERTY WITH ENVIRONMENTAL LAWS OR OTHER LEGAL REQUIREMENTS OR THE PRESENCE OF HAZARDOUS MATERIALS OR LACK THEREOF. Lily Girl’s Treasure Auctions DOES NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Lily Girl’s Treasure Auctions MAKES NO WARRANTY THAT THE WEBSITE OR THE SERVICES WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT ANY PROPERTY FOR SALE THROUGH THE SERVICES OR THE WEBSITE WILL BE SOLD. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THE WEBSITE. Lily Girl’s Treasure Auctions MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Lily Girl’s Treasure Auctions OR THROUGH THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY. Lily Girl’s Treasure Auctions EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER. Without limiting the foregoing, Lily Girl’s Treasure Auctions shall not be liable for any act done or omitted under this Agreement while acting in good faith and in the exercise of reasonable judgment. Lily Girl’s Treasure Auctions is authorized to comply with and obey orders, awards, judgments or decrees of any court of law or arbitration tribunal, notwithstanding any notices, warnings or other communications from any party or any other person to the contrary. In case Lily Girl’s Treasure Auctions obeys or complies with any such order, judgment or decree of any court or arbitration tribunal, Lily Girl’s Treasure Auctions shall not be liable to any of the parties hereto or to any other person by reason of such compliance, notwithstanding any such order, judgment or decree being subsequently reversed, modified, annulled, set aside, vacated or found to have been entered without jurisdiction. Lily Girl’s Treasure Auctions shall not incur any such liability for any action taken or omitted in reliance upon any instrument, including any electronic transmission (such as an email) written statement or affidavit that Lily Girl’s Treasure Auctions shall in good faith believe to be genuine, nor will Lily Girl’s Treasure Auctions be liable or responsible if acting in good faith for forgeries, fraud, impersonations, or determining the scope of any representative authority. And herein to finish agreement between Buyer and Owner/Seller and Lily Girl’s Treasure Auctions it is as stated above that; once bidding begins and an item is won, it is the sole responsibility of the Buyer to act in accordance with the Terms and Conditions, whether the Buyer read them or not! The Buyer will in no less be accountable for the Terms and Conditions and will be treated as such in any way, or form needed by Lily Girl’s Treasure Auctions or Owner/Seller or any other Parties that may be needed.
