- By participating in AuctionMart (the "Auction") or accessing the website (the "Website"), you acknowledge that you have read, understand and accept these Rules and Conditions of Sale of the AuctionMart. The StarPhoenix ("the paper") reserves the right to update and change, from time to time, these Rules and Conditions of Sale.
- The Auction is open to persons who have reached the age of majority in their home province, with the exception of employees of the canada.com New Media Inc., CityXpress and Reach Canada Contact Centre and members of their immediate families (parents, children, siblings, spouses) and those with whom such employees reside. Employees and representatives of a participating business (a "Seller"), their immediate families and those with whom such employees and representatives reside may participate in the Auction but may not bid on items that are provided by the Seller.
- You understand and agree that: (a) the Paper is not the vendor of the items and is providing the Auction solely as a venue for Sellers to advertise and promote items for you to bid on; (b) except as expressly provided in these rules, the Paper is not involved in the transaction between you and a Seller;(c) the Paper is not acting as agent for you or the Seller or participating in the buying, selling or exchanging of the items, nor is the Paper soliciting orders on behalf of the Sellers.
- The Auction commences on October 9, 2012 and concludes on October 15, 2012 (the "Auction Period"). Bids may be submitted during the Auction Period by Internet only. Internet bids will be accepted at all times during the Auction Period. Under no circumstances will bids be accepted after October 15, 2012 the final moment of bidding. All times refer to local time.
- An Auction listing, including all the items to be offered for sale in the Auction and a detailed description of each provided by the Sellers, will be posted on the Website. The description of each item is provided by the Seller and the Paper assumes no responsibility for any inaccuracies or misdescriptions of any item.
- Each item has a reserve price (the "Reserve Price"). The Reserve Price is 50% of the ordinary selling price of the item. In the event that there are no bids for an item equal to or greater than the Reserve Price when the Auction ends, the item will not be sold. The reserve status update (the "Reserve Status Update") will appear on the Website. The Reserve Status Update may indicate one of two values:
NOT YET MET: The value of the current high bid is less than the Reserve Price.
MET: The value of the current high bid is at least the Reserve Price. The item will be sold to the highest bidder at the end of the Auction.
- The Auction operates on the Website under a proxy bidding system. In order to bid, you must go to the website and:
(a) Select category of item you are interested in.
(b) Select the item you want to bid on.
(c) Log in as a registered bidder
(d) If you are a First Time Bidder, click on "Register" (where you must enter your real name, telephone number, address, age category, and place of residence)
(e) You now have a user name and password and won't have to put in your personal information again. You can just get right to bidding!!
(f) Now enter the maximum amount you wish to bid (your "Maximum Secret Bid") on your chosen item or items.
(g) Click "Submit".
- All bid amounts must be in increments of $10, except where the item value is equal or greater than $10,000, in which case the bid amounts must be in increments of $100. All items with a value of less than $100 will have a bid increment of $1.
- The Maximum Secret Bid that you submit may not necessarily be the price you pay if you are the successful bidder- you may pay less, but never more. For example, if your Maximum Secret Bid is $110 and the next highest bid is $90 you would only have to pay $100 (i.e. $10 more than the next highest bid, assuming the value for that item was less than $10,000). If you submit a Maximum Secret Bid against yourself, the higher bid will be considered your last bid. However, choose your maximum carefully, as you will be legally bound to pay that price (plus any applicable taxes) if it is the final highest bid.
- If your Maximum Secret Bid is the first bid on an item, it must be at least as much as the starting bid for the item. If previous bids have been placed on all available quantities of the item, then your Maximum Secret Bid must exceed the current leading bid on that item by at least the minimum increment for that item. For example, if the current leading bid is $250 on an item with a value of less than $10,000 with an available quantity of one, then your Maximum Secret Bid must be at least $260.
- If another bidder places a Maximum Secret bid on an item for which you have placed a bid, and your Maximum Secret Bid on that item is higher than the other bidder's Maximum Secret Bid, the real bid placed on your behalf by the auction system will automatically be increased to an amount that is $10 more than the current leading bid (for an item with a value of less than $10,000) or an amount that is $100 more than the current leading bid (for an item with a value equal or greater than $10,000), or an amount that is $1 more than the current leading bid (for an item with a value less than $100) to ensure you remain the leading bidder. The bidding will continue in this fashion until one of three things happens:
- No other bids are higher than yours,
- Your Maximum Secret Bid is reached, or
- You are declared the highest bidder at the end of the online marketplace.
- It is your responsibility to monitor the outcome and status of your bids on the Website and, in the event that you are outbid by another bidder with a higher Maximum Secret Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Secret Bid, you must submit a new Maximum Secret Bid in order to continue your bidding on that item. If you submit a new Maximum Secret Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least $10 more than the current leading bid on the item for items with a value of less than $10,000 (or $100 more than the leading bid on the item for items with a value equal or greater than $10,000), or $1 more than the leading bid on the item for items with a value less than $100, and the quantity must be the same as or greater than the highest quantity in any of your previous Maximum Secret Bids on that item.
- If your Maximum Secret Bid is exactly the same as another bidder's previously-placed Maximum Secret Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
- Under no circumstances will bids be received after October 15, 2012.
- On October 15, 2012 the final day of the Auction, the final highest bid for each item will be determined.
- You are able to view the high bids for each item on the Website at all times.
- In order to allow bidders to monitor high bids on each item on the Website, a bidder identification code will be associated with each published bid. This code will consist of three (3) alphabetical characters followed by three (3) numbers. The alphabetical characters correspond to the first, middle and last initials of the high bidder's name. The numbers are the last three digits of the high bidder's phone number. NOTE: This bidder identification code may result in you being identified by others. If you do not want to be identified you should not participate in the Auction.
- In the event that two or more bids are tied as the highest bids during the Auction process each of the bids will be valid and considered tied. However, if there is a tie for the highest bid at the conclusion of the Auction, the first of such tied bids received by the Paper will be deemed to be the highest bid.
- In the event of a dispute between bidders or in the event of doubt as to the validity of any bid, the Paper will have the final discretion to determine the successful bidder.
- All decisions by the Paper are final and binding.
- At the close of the Auction, the Paper will determine the winning bidder (the "Buyer") for each item and will contact that Buyer by email and/or phone within five days to notify him/her of his/her winning status and request payment. As the Buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by the Paper. If a Buyer cannot be contacted, or if payment is not received in full, within three days of contact first being initiated, the Paper reserves the right to disqualify that Buyer and deem the next highest bidder on the item to be the Buyer. As the new Buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within two days of notification being initiated by the Paper. If a Buyer cannot be contacted, or if payment is not received in full, within two days of contact first being initiated, the Paper reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from the Auction.
Conditions of Sale
- Please note that all transactions conducted through the Auction or the Website are governed by the Conditions of Sale herein. The Conditions of Sale form a legal contract between the Buyer and the Seller.
- The Total Purchase Price for an item is defined as:
a. the successful bid price for the item; plus
b. any applicable sales taxes required by law to be collected and remitted.
- With respect to all items other than new homes and motor vehicles, the Paper will collect the Total Purchase Price from the Buyer. With respect to new homes and motor vehicles, the Buyer shall pay the Total Purchase Price directly to the Seller. For new homes and motor vehicles, the Buyer shall, within three (3) business days from the time the Buyer is contacted by the Paper, meet with the Seller, sign an agreement of purchase and sale furnished by the Seller, and make all necessary arrangements for payment of the Total Purchase Price with the Seller.
- If taxes are applicable it is the Seller's and the Buyer's responsibility to ensure that all taxes that apply to the items or transactions are collected, reported and remitted to the appropriate tax authority, including Land Transfer Tax on homes.
- It is the Seller's and the Buyer's responsibility to obtain any applicable or necessary licences, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.
- The Paper is not the vendor of the items, is providing no representations or warranties in respect of any of the items, and assumes no responsibility for the items in any respect. The Paper shall not be liable to the Buyer or any participant in the Auction for or in respect of any inaccuracy or other misrepresentation in the Auction Catalogue or other description of the item or for the failure of the item to perform as expected. The Sellers of each item are solely responsible for the descriptions on the Website and the condition, estimates, authenticity, title, representations as to price, quality, merchantability, fitness for purpose and all other matters relating to the offer and sale of the items.
- All sales are final.
- All delivery or pick-up arrangements must be made by the Buyer with the Seller.
- With respect to all items other than new homes and motor vehicles, the Total Purchase Price must be paid in full by Buyers to the Paper within three (3) business days after the Buyer is first contacted by the Paper. For items other than motor vehicles and houses, you may pay by VISA, MasterCard, American Express.
- Once full payment of the Total Purchase Price has been made on the item, a Buyer will be required to sign a standard release, releasing the Paper from responsibility for all claims arising from the Auction and in connection with the item, after which the Buyer will receive a product release form from the Paper to be presented to the Seller permitting the release of the item to the Buyer.
- For certain items purchased through the Auction, additional terms and conditions may apply as outlined on the Auction Website, all of which are the responsibility of the Seller and the Buyer, and not of the Paper.
- If the Buyer fails to comply with the Conditions of Sale, including the obligation to make full payment of the Total Purchase Price within the time limits and terms set out herein, in addition to other remedies available to the Paper and the Seller, the Paper or the Seller may cancel the sale and re-offer the item or sell it privately and hold the Buyer liable for any costs or losses associated therewith.
- The Paper is committed to protecting your privacy. To view the Paper's Privacy Statement online, please click here. Personal information collected from you in the course of the Auction will be used by the Paper for the purpose of administering the Auction or where required by law. AS WELL, the Paper will disclose your personal information to the Seller of any item or service you purchase for the purpose of facilitating the transaction and may use your personal information to contact you regarding its own services and those of its affiliates. NOTE: If you do not want your personal information used by the Paper or its affiliates to market its own services to you, you may opt out of all post-auction contact by editing your bidder profile.
- The Paper is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder's ability to participate in the Auction. Proof of sending will not be proof of receipt by the Paper. The Paper is not responsible for any on-line or other charges you may incur in connection with participating in the Auction. The Paper is not responsible for the availability or content of any other website to which the Website is linked.
- The Paper is responsible for the administration of the Auction. The Paper has no involvement in any transaction entered into through the Auction except to the extent that the Paper will collect the Total Purchase Price for items other than for new homes or motor vehicles, as outlined herein.
- All items offered through the Auction and the Website are provided by the Seller on an "as is" basis. The Paper makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the Website, the items offered through the Auction, or any transactions conducted through the Auction or the Website, including without limitation:
a. implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
b. any implied warranty arising from course of dealing or usage of trade;
c. any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the Paper; and
d. that the Website will meet your requirements, always be available, accessible, accurate or secure.
- The Paper and its affiliates will not be liable for any damages of any kind including without limitation direct, indirect, incidental, punitive and consequential damages and damages for loss of profit or revenue arising out of or in connection with a participant's participation in the Auction or use of the Website or any real estate, goods or services purchased or obtained through the Auction or Website.
- All content on this Website is the property of the Paper or the Sellers. The Paper grants a limited licence to each user of the Website to make personal use only of the Website itself. Any other use, including the reproduction, modification, distribution, transmission, or display of the content on the Website if strictly prohibited.
- You are prohibited from using any method, mechanism, device, or software to affect the proper functioning of the Auction or the Website. The Paper may, in its sole discretion and without notice, terminate the right of any participant in the Auction or user of the Website to participate in the Auction or use the Website.
- The Paper reserves the right, in its sole discretion and without notice, to extend, terminate or modify the Auction in the event of technical difficulties that affect the proper functioning of the Auction and to deny an eligible participant the right to participate in the Auction.
- The Auction is governed by and construed in accordance with the laws of the province in which the Paper has its principal publishing facilities and the laws of Canada applicable therein.