General Terms and Conditions
This web site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us as soon as possible.
Rights To Suspend or Terminate.
You agree that this web site, at its own discretion, may terminate any auction or use of the service immediately and without notice if:
(a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term
(c) You have listed a suspicious item
(d) We believe you to be a non paying bidder
(e) You try to conduct business off-line to avoid auction fees
(f) You do not have complete registration information or you supply false information.
In most cases when we suspect foul play we will suspend your account and / or listing while we investigate further. If our investigation is conclusive then your account with us will be terminated and, in the case where legal action is taken, you may be liable for any/all legal fees related to your account activity.
Your Conduct.
You are solely responsible for the contents of your actions through this web site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You may not use our site to drive traffic to another site to avoid paying auction fees.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
You may not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately.
For the security of all of our users; anonymous accounts are not permitted. You must have ALL of the following for your account to be active: your full name, your street address, city, state or province, country, zip or postcode, a valid phone number, your date of birth, and a valid email address. P.O. boxes are not acceptable as valid street addresses.
Any account that has missing or incorrect information will be terminated if we cannot contact you or it is unverifiable.
General Terms.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.
This web site (EquineAuctions.com) shall not be responsible for any items sold by auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site (EquineAuctions.com) shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
This web-site assumes no liability for the content of the listings.
However; if you fall victim of a fraudulent transaction we will be glad to assist you in any way we can.
Security and your account
We take the utmost care to keep your user information secure. We will only release your contact information if you have a transaction that closes either as buyer or seller.
We conduct random security checks frequently and may email or telephone you. Please reply to any emails from us, and if we telephone you and you are not able to answer the call please return the call or reply via email as soon as possible. If you do not reply you risk termination.
We log all activity on our server; that is, we log your I.P. address and login times. In the event of an identity theft we can provide the Law Enforcement Officer or Agency handling the case valid I.P. addresses and login information.
Your safety and security is our top priority at EquineAuctions.com.
We take great care to protect your personal information, we never give out, sell, or rent your user information to third parties.
Your personal information is only released to other registered users when you have completed an auction as a buyer or seller. At that time your contact information is released only to the party you have bought from or sold to.
For your safety it is very important that you DO NOT LIST PERSONAL INFORMATION in your auction listings or in any of the public areas of the site (questions/answers etc).
The information that is prohibited is:
phone number(s)
addresses
eMail addresses
links to your web site
Auctions, store listings and / or questions/answers that contain any of this information violate site policy and will either be edited or removed by a site administrator and all listing fees forfeited.
Please do not put yourself or your family at risk by posting personal information in your auction listings!
Billing.
Our billing is automatically calculated by the system for listing fees at the time of listing and final value fees when an auction item closes with a winning bid.
EquineAuctions.com sends an electronic billing notification of your balance due on the first (1st) and fifteenth (15th) of each month.
For example: if you list an item on the 17th of the month and the add-on fees total $5.00 you will receive a bill for that total ($5.00) on the 1st of the following month regardless of whether or not that item has sold. If the item then sells on the second of the following month for $1000.00 you will receive a bill on the 15th of that month for $50.00, your final value fee (%5 * $1000.00 = $50.00).
To pay your balance at any time: log in, click on [details], select PayPal or our secure Authorize.net gateway for credit card payments.
Users are expected to pay their balance in a timely manor, preferably within the first billing cycle (15+/-2 days). As a courtesy to our users we have a grace period of one additional billing cycle (15+/-2 days) not to exceed thirty one days.
Delinquent accounts.
Users who do not pay their balance within the first two billing cycles will be assessed a 1.5% per month finance charge. If we send you a certified letter containing your balance due you will be assessed a $230.00 processing charge, additionally you will be held responsible for all court costs, filing fees and collection processing charges.
Once an account has become 90 days past due we will start the collection processes and will report your account delinquent to the credit reporting agencies.
For example if your initial listing fees were $5.00 and your final value fee was $100.00 you would be assessed a $15.75 finance charge (for the first 90 days) plus $230 for a collection letter bringing your total to $350.75 plus court costs, filing fees and collection charges.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of Harris County, Texas, USA and any disputes will be decided only by the Courts of Harris County, Texas, USA.
These terms and conditions are subject to change without notice.
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