Auction Terms & Conditions
TERMS AND CONDITIONS OF AUCTION:
Auctioneer and Auction:
This auction is presented by KTB Rare Coins and Currency (aka KTB, or the Auction Company). The auction is conducted under these Terms and Conditions of Auction and applicable state and local laws. All bidders must register with a valid credit card in advance of bidding; and, be approved by KTB.
This is a legal agreement between you, the user or buyer; and, KTB. You MUST be at least 18 years old to bid. The Auction Company may, at its sole discretion, ban from further use, any buyer or seller which the Auction Company believes to have in any way misrepresented itself, failed to abide by the terms, or conducted any improper auction behavior as determined solely by Auction Co. Any buyer who improperly fails to carry through with a purchase will be banned from any further use and may be subject to additional legal actions.
By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. By bidding, you acknowledge being at least 18 years old; and, have read these terms and conditions. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.
All property is sold 'AS IS WHERE IS'; and, ALL SALES ARE FINAL. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor.
KTB may attempt to describe the merchandise in advertising and on the Internet, but makes no representations or warranties. In no event shall the Auction Company be held responsible for having made or implied any warranty of merchantability. Bidder shall be the sole judge of value.
We acquire coins and currency from a variety of sources; and, all are considered to be authentic, unless otherwise noted. Given that we acquire our coins from numerous sources, KTB does not make ANY representations or warranties regarding a coin being cleaned; unless, otherwise noted. KTB does guarantee the item being bid on, is the item in the pictures. If there is a discrepancy between the title and/or the description and the picture, the picture is correct and is the item being auctioned.
In the event of an item being counterfeit or fake, KTB will issue a refund upon return of the item unless it is stated as being a fake/counterfeit in the lot description and/or title. You must present us with evidence of the item being counterfeit within 14 days of the close of the auction it was purchased in. All return shipping charges are to be paid be the buyer.
All bids are subject to a Buyer's Premium which is in addition to the placed successful bid. That premium is currently Thirteen percent (13%) on all items.
All Bidders must meet KTB qualifications to bid. Any Bidder who is not a client in good standing (meaning you failed to pay for lot(s) won) of KTB, may be disqualified at the Auction Company's sole option and will not be awarded lots. Such determination may be made by KTB in its sole and unlimited discretion, at any time prior to, during, or even after the close of the auction. The Auction Company reserves the right to exclude any person from the auction.
This auction is an ONLINE ONLY auction, conducted solely on the Internet; NO other bids are accepted.
Hibid.com is our online bidding platform. Bids are only accepted at www.Hibid.com.
HiBid.com occasionally experiences Internet and/or Server service outages; during which, bidders cannot participate or place bids. If such outages occur, KTB may, at its discretion, extend bidding for the Auction.
All lots start at $1 with no reserve (unless otherwise noted). If a bid is accepted, the item will sell to the highest bidder regardless of price; and, if any reserve is met.
This auction will be a slow-close auction. The auction goes LIVE within 30 minutes of the first lot closing. Once lots begin to close, any bid placed in the final 3 minutes of the lot closing, will extend the auction closing time by an additional three minutes.
The highest qualified Bidder recognized by the Auction Company shall be the Buyer.
All items are to be purchased per lot as numerically indicated and NO lots will be broken; or combined.
KTB reserves the right to withdraw, prior to the close, any lots from the Auction for any reason, without notice.
KTB reserves the right to rescind the sale in the event of nonpayment, KTB clerical error or for any other reason in the Auction Company's sole discretion.
1. Agreement Not to Dispute Credit Card Charges:
Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge.
2. International Bids:
We DO NOT offer International shipping (other than to CANADA); therefore, NO International bids will be accepted. NO International credit cards will be accepted.
We DO NOT Accept International Credit Cards. Cards Must be US Based with US Mailing Addresses
3. Bidding Errors:
The auction company shall not be held responsible for any "miscued" bids by bidder. IE: Decimal in the in wrong place, you bid on the wrong thing, the cat jumped on the keyboard, etc.
KTB is not responsible for your errors in bidding, so double check that every bid is entered correctly before hitting "enter". In addition, KTB is not responsible for internet problems or issues with the auction website.
Bidders are responsible for knowing which item they are bidding on. If the bidder is unsure, he should inquire; or, not bid. When you become the winning bidder at auction you have effected a contract and will be expected to pay for items in which you were evidenced to be the successful bidder. Auctioneer will NOT honor "mistakes".
4. Bid Increments:
Bid increments (bids over the current bid level) determine the lowest amount you may bid on a particular lot. Bids greater than one increment over the current bid can be any whole dollar amount. Bids will be accepted in whole dollar amounts only. No "buy it now" or "unlimited" bids will be accepted.
Current Bid................................Bid Increment
$1 - $29.99................................$0.50
$30 - $49.99............................. $1
$50 - $249.99........................... $2
$250 - $499.99 ………............ $10
$500 - 999.99............................$25.00
$1000 - $9,999,999.99 $100.00
The Legal Stuff:
This is a legal agreement between you, the user or buyer and KTB. You MUST be at least 18 years old to bid.
ALL ITEMS on the auction sell subject to the Auction Co.'s acceptance or rejection of the high bid.
Consent to Suit in Oregon: 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 Oregon. Buyer also agrees that venue shall be in Bulloch County, Georgia and that the laws of the State of Oregon shall govern this Agreement and the parties' transaction hereunder.
The BUYER (that's you) expressly agrees to indemnify and save the Auction Co., Seller and their assigns harmless from and against all claims, losses, expenses, damage or liability, (including, but not limited to, attorney's fees), directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of the Auction Co., or anyone acting in his/her behalf in connection with or arising out of auction, except that the BUYER shall not be responsible to the Auction Co. for damages caused by or resulting from the Auction Co.'s sole negligence.
DO NOT bid unless you agree to all of the terms above. By bidding you are acknowledging agreement with the terms above.
Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
THANK YOU! WE APPRECIATE YOUR BUSINESS!
DISCLAIMER OF WARRANTY AND RELEASE (More Legal Stuff):
You expressly agree that use of this Web site is at your sole risk. Neither the Auction Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site. The Site may contain errors, omissions, inaccuracies, or outdated information. Further, Provider does not warrant reliability of any statement or other information displayed or distributed through the Site.
Provider reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Provider may make any other changes to this Site at any time without notice. Provider makes reasonable commercial efforts to make the Site available at all times, however, Provider is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of coins and currency. THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS.
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
In the event that you have a dispute with one or more users, you release Provider (and our officers, directors, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
LIMITATION OF LIABILITIES: YOU AGREE THAT PROVIDER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR FROM YOUR PURCHASE OR SALE OF GOODS THROUGH THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PROVIDER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PROVIDER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Thank you for bidding in our auction!
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.