Terms and conditions
GoatPromoter.com Online Auctions requires that you read, understand, accept and comply with the following terms and conditions in order to bid in an online auction hosted by us.
Bidder Eligibility
You must be at least 18 years of age and able to form legally binding contracts under applicable law.
Auction Close
If an item is offered for online prebidding only, then bidding for the item will continue during a silent/live event auction and Auction Close refers to the end of bidding during the silent/live event auction. Otherwise, Auction Close means the end of online bidding or the end of online fixed-price item sale for the item.
Your Bid or Purchase is a Contract
When you place a bid on an online auction item, you enter into a legally binding contract to purchase the item from the seller if you are the winning bidder. You are the winning bidder if your bid is the highest bid at Auction Close and your bid is accepted by the seller. When you purchase a fixed-price item, you enter into a legally binding contract to purchase the item from the seller.
Payment Terms
If you are a winning bidder or purchase a fixed-price item, you agree to pay the seller the full amount of your winning bid (for biddable items) or the sale price (for fixed-price items) plus any applicable sales or use tax on your purchase, as well as any applicable shipping or delivery charges. You agree to honor the seller’s requirements regarding method and time of payment.
Seller’s Terms
When you place a bid on an online auction item or purchase a fixed-price item, you are agreeing to any specific terms and conditions imposed by the seller and included by the seller in the item’s description (except in the case that such terms would violate the law or conflict with GoatPromoter.com’s Terms of Service).
All Bids are Final
Once you have placed and confirmed a bid, your bid can not be retracted (except in the case that the completion of the transaction would violate the law or the GoatPromoter.com Terms of Service).
All Purchases are Final Once you have confirmed a purchase, your purchase is final and can not be canceled (except in the case that the completion of the transaction would violate the law or the GoatPromoter.com Terms of Service).
Transportation fees are the responsibility of the buyer. Please discuss options with the seller and make arrangements quickly after the sale.
Tied Bids
In the case of two bidders placing the same maximum bid, the bid first received by the auction system will be deemed the leading bid.
Government Regulations and Taxes
You are solely responsible for compliance with any federal, state or local tax laws governing your purchase. It is your responsibility to report and pay any applicable taxes. We suggest you consult a professional tax adviser.
Auction Changes
Sellers reserve the right to add or remove items from the online auction at any time without notice. GoatPromoter.com, at the direction of the Seller an/or their agent, has the exclusive right to cancel an item being offered before the sale begins, while bidding is occurring, or following an Auction Close.
Acceptance of Terms of Service
You must read, understand, accept and comply with the GoatPromoter.com Terms of Service outlined below.
GOATPROMOTER.COM TERMS OF SERVICE
- com Online Auctions is a platform through which Buyers and Sellers connect for the purpose of browsing, bidding on, buying and selling Items in an online auction format. We do not act as a traditional auctioneer, but simply provide the technological infrastructure through which Bidders and Sellers can connect and transact with each other.
- Any person wishing to use our Services for the purposes of selling, bidding or buying, must first Register. Our Services are available only to persons over 18 years of age. By Registering, Users confirm that they are over 18 years of age and acknowledge receipt of these terms of service and accept them in whole.
- com is not involved in transactions among Users. In particular, the contract for sale of an Item is directly between the Buyer and Seller. GoatPromoter.com does not collect funds from Buyers and, subsequently, does not remit funds to Sellers. Transactions between Buyers and Sellers are negotiated privately between the aforementioned parties directly or through independent, non-affiliated third-party intermediaries contracted by the Seller and/or their agent.
- com makes no representation, does not warrant, and has no control whatsoever over:
- the quality, safety, fitness for purpose or legality of the Items or content posted by Users;
- the truth or accuracy of Item listings;
- the ability of Sellers to sell Items or the ability of Buyers to buy Items;
- the ability of a Bidder, Buyer or Seller to actually complete a transaction or act lawfully when using our Site.
- com does not take ownership of or title in Items at any time, and does not transfer in part or whole any legal ownership of Items from Seller to Buyer. GoatPromoter.com Online Auctions does not have any control whatsoever over when title and risk in an Item will pass from the Seller to the Buyer.
- com does not act as the agent or representative of a User for any purpose in relation to this User Agreement.
- Users acknowledge that GoatPromoter.com Online Auctions collects only limited information about Buyers and Sellers, which may be only an email address. Therefore, we recommend Bidders, Buyers and Sellers undertake their own enquiries and ensure they collect sufficient details regarding of the Person(s) with whom they are transacting on this Site to ensure they are satisfied that the Person(s) is properly identified to your satisfaction.
- com is neither involved in nor responsible for the delivery of an Item. The method of, and any charges for, delivery of an Item is determined by the Seller. The Seller may post instructions on the Site regarding delivery or collection of an Item, and such instructions may be contained within automated emails sent by the Site on behalf of the Seller. However, GoatPromoter.com is not responsible for the content of these instructions and in the event of any difficulty in receiving an Item, the Buyer’s sole recourse is to seek redress from the Seller.
Limitation of liability
- To the full extent permitted by law GoatPromoter.com (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) is not liable whatsoever for any loss or damage however caused which a User, Buyer, or Seller may directly or indirectly suffer in connection with their use of the Site. Users assume full responsibility and risk of loss resulting from use of the Site and the Services.
- Each User hereby releases GoatPromoter.com (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) from all liabilities, claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with any dispute between Users, Buyers, Sellers, and/or their affiliated agents and third-party contractors.
- While GoatPromoter.com strives to maintain a safe trading environment, you accept that there are risks when trading online and using our Site and our Services, including dealing with underage or fraudulent Persons. Users acknowledge that the Site is an online platform which allows anyone to offer, sell, and/or buy any Items at any time and from any territory (whether in the United States or elsewhere). Users acknowledge that we are not directly involved in the actual transaction between Buyer and Seller. GoatPromoter.com has no control over and does not guarantee the quality, safety or legality of Items advertised, the truth or accuracy of Users' content or listings, the ability of Sellers to sell Items, the ability of Buyers to pay for Items or that a Buyer or Seller will actually complete a transaction or return an Item.
- com bears no responsibility for any loss or damage caused directly or indirectly by inaccurate or misleading information published on the Site.
- Under no circumstances shall we or any of our related bodies corporate or our or their directors, officers, employees or representatives be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits.
- This User Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option, to:
- the supply of the Services again; or
- the payment of the cost of having the Services supplied again.
- The terms and conditions of Third Party Services may include giving consent for the provider to collect, use, store and disclose information in relation to the User’s activity on the Site. The manner in which the Third Party Service collects, uses, stores and discloses such information is governed solely by the policies of the third parties operating the Third Party Services, and GoatPromoter.com shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that the User accesses or that Buyers and Sellers engage with for the purpose of completing their private transactions.
- com is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services.
Indemnity
- Users, Buyers, and Sellers hereby indemnify and agree to hold us (including our affiliates and related bodies corporate, as well as our and their respective officers, directors, employees and agents) harmless from any and all expenses, costs and losses (including, but not limited to, legal fees) resulting from any claims that are asserted, or may be asserted, based on or relating to the User’s use, or the use by any individual using the User’s password, of our Services.
- Users, Buyers, and Sellers hereby indemnify and agree to hold us (including our affiliates and related bodies corporate, as well as our and their respective officers, directors, employees and agents) harmless from any and all expenses, costs and losses resulting from claims of third parties (including, but not limited to, legal fees) resulting from claims of third parties due to or arising out of the User’s breach of this User Agreement, the User’s improper use of the our Services or the User’s breach of any law or the rights of a third party.
Disputes
GoatPromoter.com does not participate in disputes between Users, Buyers, Sellers, affiliates, agents, and Third Party Service providers. If another party breaches any obligation to you, you – not GoatPromoter.com– are responsible for enforcing any rights that you may have. In the event of a dispute between you and another party, we encourage you to resolve the dispute quickly and amicably, using the communication channels available to you. If you have a dispute with another party, you release GoatPromoter.com (and our affiliates and related bodies corporate, and our and their respective officers, directors, employees and agents) 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.
If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Enforcability
The unenforceability or invalidity of any term, provision, section or subsection of this User Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this User Agreement. Such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
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