Auction Terms & Conditions KR. Brooks auctions Terms and conditions;
We do not sell or rent any personally identifiable information about our users to any third party. For the purpose of advertising, visitor and user information is aggregated for reporting to advertisers and prospective partners. However, in these situations, we never disclose to these entities any information that could be used to personally identify you, such as your name, address, User ID, password, and credit card number.
The types of personal information we may gather among the different areas of the platforms may include the following: your name, contact name, billing address, shipping address, phone number, fax number, e-mail address, relevant password, User ID, credit card information.
KR. Brooks auctions core business model is to provide you with live bidding access technology on auction house sales. From the platforms, we provide a link to an auction house catalog for you to register to bid, sign up for the sale of your choice, and place live or absentee bids. Registration on our platforms is necessary to perform certain functions and participate in a live auction bidding process and we may collect or track any user information as described above. However, all customer service related enquiries are handled by the KR. Brooks auctions 978-667-4149 customer services team at email@example.com whereby personally identifying information such as your email address may be disclosed by yourselves in order to answer your enquiry. The auction houses participating in Live Auctions will only receive personal identifying information in the following circumstances: (1) to complete a sale if you are the winning bidder on a lot; (2) if the auction house has requested ahead of time and you have agreed to register with them prior to a live sale. Such personally identifying information could include your name, email address, home address, phone number, fax number and credit card information.
(ii)Absentee Bidding on Auction Catalogs
We have designed absentee bidding on Auction Catalogs so that no personal identifying information is displayed online or is accessible to the general public. In absentee bidding, your bids are not disclosed as it is a 'closed bidding' system.
The only time any personal identifiable information is released is when you submit an absentee bid on an item in an auction house sale. Such personally identifying information could include your name, email address, home address, phone number, fax number, credit card information, bid amount and lot number.
We never disclose your password and you may not disclose your password to any third parties or share it with any third parties without risking compromise of your User identity.
Except as described in the areas listed above, KR. Brooks auctions will only disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Web site.
When and how does KR. Brooks auctions contact Users?
We will contact you by email (and in rare circumstances by phone or fax) in the following circumstances: (1) To confirm your registration on our site, (2) to confirm any bids you place, (3) if you are the winner of a competition on icollector.com, (4) if a problem arises with your account, (5) we may contact you from time to time to ask for specific feedback on the site, and (6) in response to a direct enquiry or suggestion from you. KR. Brooks auctions may use your e-mail address and, where applicable, your mailing address, to contact you regarding administrative notices from time to time.
1. KR. Brooks auction is Only a Venue. The Buyer hereby agrees and acknowledges that KR. Brooks auctions has no control over the Buyers or Sellers, their identities, the quality or accuracy of products being offered by the Seller or the ability of the Buyer to complete any transaction; online participation in live auctions but is not a party to any actual transaction between the Buyers and Sellers; and does not control whether an item is actually sold and to which bidder an item is sold.
2. Services. The Buyer agrees and acknowledges that (i) ABC is not a certified Auction House and therefore does not conduct the Live Auctions (ii) ABC is solely a passive conduit to facilitate the live auctions and communication between the buyers and Sellers and that (iii) ABC reserves the right in its sole discretion to change some or all of its services at any time.
3. No Guarantee. KR. Brooks auctions does not guarantee or covenant the accuracy of the product description or that the images used to illustrate products are correct or do not violate trademarks or copyrights. KR. Brooks auctions does not guarantee or covenant that the Live Auction technology, the site or any related services will meet your requirements or be uninterrupted or error-free. KR. Brooks auctions does not guarantee real-time performance of any service or that it will execute all online or absentee bids. KR. brooks auctions HAS NOT UNDERTAKEN ANY REVIEW OR DUE DILIGENCE WITH RESPECT TO THE INFORMATION CONTAINED ON THE ABC SITE AND PROVIDES NO GUARANTEES, COVENANTS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SAID INFORMATION AND ITS ACCURACY OR WITH RESPECT TO THE INTEGRITY OR SOLVENCY OF THE "SELLERS" WHO POST PROPERTY FOR SALE THROUGH THE KR. Brooks auctions SITE.
4. NO WARRANTIES. YOU AS BUYER AGREE THAT ABC IS NOT PROVIDING ANY WARRANTY, COVENANT OR REPRESENTATION WITH RESPECT TO THE PRODUCTS SOLD OR AUCTIONED THROUGH THE ABC SITE AND THAT ALL SUCH WARRANTIES, COVENANTS AND REPRESENTATIONS ARE PROVIDED BY THE "SELLER" IDENTIFIED IN THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ONLY THE "SELLER" CAN PROVIDE YOU WITH WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE AS BUYER THAT THE ABC SOFTWARE, THE DATA ENTERED INTO THE SOFTWARE, THE SELLER’S AUCTION INFORMATION, OR ANY OF THE ABC SERVICES TO BE PROVIDED MAY BE INCORRECT, OR MAY BE PUBLICLY AVAILABLE, OR MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, ERRORS AND OMISSIONS MADE IN UPLOADING AUCTION DATA, FAILURE OF TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, POWER FAILURES, SYSTEM OR SERVER FAILURE, THE TURN OF THE MILLENNIUM, TRAVEL DELAYS, INTERNET FAILURE, HACKERS, AND ACTIONS AND OMISSIONS OF THIRD PARTIES.
5. LIMITATION ON LIABILITY. YOU ASSUME ANY AND ALL DAMAGES RESULTING FROM YOUR USE OF ABC SERVICES AND AUCTION SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY ABC OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL; WORK STOPPAGE; HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ABC SERVICES AND SOFTWARE, OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USEAGE, OR NEGLIGENCE OF ABC OR OF ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ITS AFFILIATES, ITS SUPPLIERS OR LICENSORS.
6. Bidder Services. KR. Brooks auctions offers Buyers the opportunity to participate online as bidders in live auctions run by professional auctioneers and to compete with other online bidders and traditional on-site bidders ("Bidder Services"). KR. Brooks auctions reserves the right, in our sole discretion, to add, delete or change some or all of our services at any time without notice.
7. No Cost. Currently, use of KR. Brooks Services is free. KR. Brooks reserves the right, in our sole discretion and upon reasonable notice, to charge for Bidder Services in the future.
8. General Eligibility for Bidder Services. Because Buyers using Bidder Services may enter into binding legal agreements to purchase goods or services being auctioned, you must be able to form a legally binding contract under applicable law to use KR. Brooks auction services and software. As a result, and without limiting the generality of the foregoing, KR. Brooks auctions services are not available to minors.
9. Eligibility for Specific Auctions. Sellers may have different standards for approving individual auction participants, you may be required to apply for and obtain approval to participate in a specific auction. Approved Buyers will receive a Bidder Number. Approval to participate in one auction does not guarantee approval to participate in any other auction. ABC and each Auction House reserve the right to refuse to approve any person applying to participate in any auction.
10. Auction Dates and Times. Auction dates and times are set by the Seller and are subject to change without notice.
11. By signing up for an individual auction with KR. Brooks auctions, you agree to the terms and conditions set forth by the auction house you wish to bid with in addition to agreeing with the terms in this document.
12. Bidder Information. Bidder Information includes any information you provide to us during the registration or bidding, in any public message area or through any email feature. You hereby represent and warrant that your Bidder Information: (a) is true and accurate; and (b) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines which may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information.
13. Bids. By placing a successful bid, you are entering a binding agreement between yourself and the Seller. Bids for a particular item are subject to a minimum bid increment as posted. If you bid an amount below the minimum increment your bid will not be accepted. If you bid an amount between increments, KR. Brooks auctions will automatically round your bid down to the nearest increment. Once accepted, bids may not be retracted or cancelled and, upon acceptance by the Seller, constitute a binding agreement between the Buyer and Seller. Bids for an item do not apply to subsequent offerings of identical or similar items. A bid that was unsuccessful may be reinstated if a problem arises with a higher bid. Bidders placing a winning bid through Bidder Services will be notified by e-mail. Reserve bid amounts are displayed at the discretion of the Seller.
14. Taxes/ Buyer’s Premium/ Commissions. You are responsible for any taxes, buyer’s premium and commission charges applicable to the purchase of auctioned goods or services obtained through the use of Bidder Services.
15. Auction Data. You hereby agree not to record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of Bidder Services during a live auction (collectively, "Auction Data"). KR. Brooks auctions owns all right title and interest in and to all Auction Data, including all intellectual property rights therein and thereto.
16. Termination. Without limiting any other remedies, KR. brooks auctions reserves the right to terminate your use of Bidder Services at its sole discretion.
17. Release. Because KR. Brooks auctions is not a party to any actual transaction between bidders and Auction Houses, in the event that you have a dispute with one or more Auction Houses arising out of your use of Bidder Services, you hereby release KR. Brooks, the NAA, its agents, employees, officers and directors from any claims, demands and damages (whether direct or indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18. No Agency. This Agreement does not give rise to any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between yourself and KR. Brooks auctions.
19. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide to KR. Brooks auctions during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
20. Governing Law and Language. All laws are governing in the Commonwealth of Massachusetts.
Seller User Terms
Bidder User Terms