The following Terms and Conditions of Sale (T&Cs) govern the agreement between Second Story Auctions, LLC (“Second Story”) and you (the “Bidder”) incident to the electronically automated bidding process on the Second Story website. In order to place electronic bids on Second Story auction items, you must read and accept these T&Cs. . By signing up and creating an account, you verify that you have read and agree to these Terms and Conditions as listed below
1. Bidder Registration
To participate and place bids on available items on the Second Story online auction’s website, you must first login to bid. If you have not already created an account, you will be directed to do so by the program by selecting the “Log In” to bid button displayed on each item. You can also select the “Sign Up” option from the header on the website to create your account. You will then be assigned a unique Bidder Number. By clicking the “Sign Up” button, you are verifying that you are at least 18 years old and that all pertinent contact information is accurate and current. Also, you are agreeing to the Terms and Conditions as outlined herein. Once registered, you will be able to place bids on listed auction items.
2. Bidder's Contract
Your bid constitutes an offer to purchase that upon acceptance by the seller through the electronically automated auction process becomes a legally binding contract. Failure to honor any bid accepted through the electronically automated bidding process constitutes a breach of contract. You are obligated to pay for and pick up items successfully purchased by you during the advertised sale pickup times. If you cannot honor these commitments, do not bid on the selected items.
3. Bidding Instructions
After you create an account and secure a Bidder Number, you may place bids on any items listed in the online auctions. Once you identify an item on which you wish to bid, place your bid in the box labeled "Place Bid". There are two options for placing bids. You can simply enter the next required bid increment for that item, or you can enter the highest amount you want to pay for an item, in this box and we’ll automatically increase your bid in small increments as other people bid against you, up to the maximum amount you input. Once your bid amount is entered, select the “Place Bid” button. The system will indicate with green color that “You have the highest bid” or with red color that “You have been outbid by # ”, and include the winning bidder’s number. As the bidding process continues, the system will automatically update as additional bids are placed by bidders until the closing time for the particular item. The final winning bid cannot be officially determined until an auction is closed for a particular item.
4. Auction Closing Instructions
All auctions will have a designated closing date and time identified on the auction platform and all items within a particular auction will have a designated closing order. As a particular auction closes, the bidding process for items will taper and items will close at the rate of three items per minute. All auction sales feature an electronically automated postponement system which postpones an auction close time for any item that receives a new bid in the final five minutes of the auction. If triggered, the postponement system automatically grants a five minute time extension to the specified auction closing time for the item. Additional bids in the final five minutes can trigger additional postponement intervals. Any auction closing delayed due to the electronically automated postponement system will ultimately close when a five minute period elapses without any further bids. Once an auction has finally closed, the Winning Bidder for each item is determined.
5. Bidding Errors
As, you are solely responsible for all your bids. Be sure to review all bid amount before selecting the “Place Bid” button. If you make a mistake placing a bid, or entering a maximum bid, more than 24 hours before the designated auction sale closing date and time, it is your sole responsibility to contact Second Story upon realization of the error to request the necessary bid corrections. Second Story will review the bid mistake and attempt to correct it providing Second Story does not, as determined in its sole discretion, detect any malicious intent by the Bidder’s entering of the mistaken bid. If the mistake is made within 24 hours of the scheduled auction closing date and time, the bid, and/or your maximum bid, will remain as entered by Bidder to assure the integrity of the auction process and to prevent inappropriate Bidder manipulation. Second Story will attempt to oversee auction sale closings to assure the integrity of the auction process and assist in the correction of clearly erroneous bids. Any oversight by Second Story does NOT, however, operate to release the Bidder from Bidder’s sole responsibility for any entered bids, especially those bids entered by Bidder in the final minutes of an auction in an attempt to manipulate existing bids or deter other bidders.
6. Item Descriptions
All items are sold As Is - Where Is - With All Faults. To the extent permitted by applicable law, Second Story and the item seller excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Second Story will, based on its sole discretion and opinion, describe the item such that obvious deficiencies are properly identified. The condition of the item will be listed as Poor, Fair, Good, Very Good or Excellent. The interpretation of the condition is subjective, and as such, it is the Bidder's responsibility to verify that the condition described by Second Story meets Bidder’s definition and interpretation of the item’s condition prior to the placing of a bid and/or the identified auction closing date. Most of the items that Second Story sells are used, vintage and/or antique and will exhibit signs of wear and tear consistent with the item’s age.
7. Personal Assessment
Second Story will provide an opportunity for bidders to preview the items in person prior to placing an online bid. If you are unsure of an item's condition or desire to personally assess an item’s condition, it is your sole responsibility to attend the preview to inspect the item. Your failure to preview an item before a bid is placed or to preview an item before an auction sale closing shall not operate to void, cancel or alter a bid. Additionally, your failure to preview an item prior to placing a bid or to preview an item before an auction sale closing shall not constitute a mistake or error permitting correction by Second Story. The preview is provided as a courtesy to bidders and shall not function as an invitation to any bidder to request Second Story to re-evaluate an item’s description.
Bidder agrees that Second Story's liability and the liability of the seller of the items is limited to the refund of the purchase price of that single item. Second Story shall not be responsible for Bidder’s own misconduct and will not be responsible for the errors and omissions of Second Story or others directly or indirectly associated with the sale. The Second Story website is an electronically automated auction site that relies on third party software and hardware which could malfunction without warning. Bidder agrees that Second Story shall not be liable for any and all inconveniences that may result from any such software or hardware malfunction. Second Story reserves the right to void or cancel any transaction that Second Story determines to have been affected by any such malfunction(s).
Bidder agrees to indemnify and hold Second Story (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Second Story’s services, your breach of any law or contract or the rights of a third party.
Second Story utilizes credit cards as its sole method of payment. At the close of the online auction, an invoice will be created for each participating Winning Bidder of the auction sale. The invoice will list all winning items for the Winning Bidder along with any applicable sales tax. The Winning Bidder's credit card provided upon registration will be immediately charged for all purchases relative to the sale as indicated on the invoice. An email notification, along with a copy of the invoice/proof of payment receipt, will be sent to the Winning Bidder within 24 hours of the auction sale closing.
11. Payment Processing
Second Story utilizes a third party vendor, Stripe , for all credit card payment processing. As such, Second Story does not collect or maintain any credit card information for any bidders. Bidder agrees that the maintenance and confidentiality of credit card information is the sole responsibility of Stripe.
12. Product Pickup
Second Story will provide reasonable notice for the scheduled pickup times for each auction sale via its website and through email notification following the close of each auction sale. It is the Bidder’s responsibility to make arrangements for the items to be picked up from the auction site during Second Story’s scheduled pick up times. Second Story will not issue a refund for any item(s) if you are unable to pick up or safely remove the item(s) during scheduled pickup times.
13. Alternate Pickup
If you are unable to pick up the item on the designated scheduled pickup date, it is your responsibility to contact Second Story 24 hours prior to the scheduled pickup date and time to determine if alternate arrangements can be made. Bidder acknowledges that Second Story has no duty or obligation to arrange for alternate arrangements and any accommodation of Second Story on one occasion does not guarantee a future or further accommodation by Second Story. Any and all accommodations to which Second Story shall agree shall be at the sole expense of Bidder unless otherwise agreed to in writing by Second Story. Transportation of items from one location to another for alternate pickup is subject to availability. The items must be paid for before the original pick-up date and time. Bidder’s credit card will be charged the combined total of the purchase amount, associated taxes and handling charges as set forth in these T&Cs. Items moved from one location to another for alternate pick-up are subject to a $2.50 per item with a $10.00 minimum handling fee. Items not moved will be forfeited and may be subject to disposal fees in addition to the original invoice fees. For items which are difficult to transport, Bidder agrees that Second Story may charge a higher amount to cover expenses for the special transportation.
14. Failure to Pay
Second Story will, in accordance with these T&Cs, consider any item(s) not paid for by Bidder no later than the scheduled pickup date, to be forfeited. In the event of forfeiture, Second Story reserves the right, at its discretion, to donate the item(s) to charity or to dispose of or resell the item(s). As a result of any forfeiture, Bidder will be responsible for the original purchase price of the item(s), plus any applicable taxes, handling fees, moving and/or disposal charges.
For items that can be easily boxed and shipped, Second Story will, upon your request following the auction closing, ship your items to you for actual shipping fees, plus an additional $5.00 per item handling fee. Payment for items to be shipped must be paid by credit card on or before scheduled pick-up time and prior to shipping. Your credit card will be charged the combined total of the purchase amount, associated taxes, actual shipping charges and handling fees. A revised invoice including shipping and handling charges will be sent with your order. Items will be shipped within five (5) business days of sale closing date.
Second Story reserves the right to refuse, suspend or block any bidder that it deems in violation of these T&Cs without prior written notification.