Privately Listed Online Auction

Terms

This auction is an online auction only. All lots have a starting bid of $2.00
Bidding starts live on December 6th, 2022 at 7 PM

Auction Terms & Conditions:

A 5% Buyers Premium, 6% Sales Tax For Michigan Buyers, A 3-3.3% Credit Card Processing Fees, $5.00 Per Box Charge For Shipping + Cost of Shipping.

A valid credit card will be required to register for our auctions. To protect the integrity of the auction for everyone, you will need to submit a valid credit card. We will charge the card on file for any winning bids shortly after the auction closes. We reserve the right to require payment by Wire Transfer at our discretion.

PAYMENT POLICY: Your credit card used to register for the auction will be charged for your invoice total immediately after the auction ends. After the auction ends you have 2 consecutive Pick-up periods ( Saturday December 10th & Sunday December 11th 2022. Times are from 10AM-4PM to pick-up your items. Items not picked up within those 2 day periods will become property of Nicole Henderson. If your card on file is declined for any reason, we will send you an additional invoice through Currecy Pay that you can pay with a seperate card. If your items were marked shippable and you would like shipping a seperate charge to you credit card will be made. A $5.00 charge will be added per box to contribute to boxes, bubble wrap, peanuts. ect.

SPECIAL NOTICE TO THOSE REQUESTING SHIPPING: Nicole Henderson strongly encourages pick up of all items purchased during an online only auction. If you require shipping the responsibility of lost or damaged items falls solely on the bidder/buyer. The buyer will be provided the tracking number and shipping company only. Should a need to make a shipping claim arise it is the sole responsibility of the bidder/buyer/ recipient to keep all relevant documents & shipping material: paid invoice, item purchased, all packaging material and tracking number. Seek additional information on "what is needed to make a damaged shipping claim" from shipping companies directly. ANY AND ALL CLAIMS REGARDING LOST, STOLEN or DAMAGED GOOD IS THE SOLE RESPONSIBILITY OF THE RECIPIENT.

*Please note: By registering and bidding, you are agreeing that you fully intend to pay for and pick up (or shipping/ delivery) any items/lots you win, on one of the provided pick-up days and times. Serious bidders only please. Must take everthing pictured in the auction lot.

There will be a 6% Sales Tax applied to winning bids Via Michigan, unless a Tax Exempt Number is provided. You may email this Tax Exempt status to Nikkinak003@gmail.com

This auction event and all bidding(s) will close at specified times. This auction will have a extend feature. When a bid is placed in the final minutes of bidding the auction bidding will automatically be extended one minute from the time the bid was placed. The auto extend feature remains active until no further bids are received.

After the close of the auction, you will be notified by email of any items you won with an "Auction Invoice" email. The address for pick up of items will also be on your invoice.

Nicole Henderson does not test items for genuineness. All descriptions are believed true, but inspections are encouraged. Please email Nicole at Nikkinak003@gmail.com to set up a appointment to view item.

Any items not removed within the speciefied acution pick up days, will be considered abandoned and will become the property of Nicole Henderson. No refunds will be given for non pick-up.

* All items sold "AS IS, WHERE IS" with all faults.
* No implied or express warranties.
* All descriptions believed accurate but not warranted.
* Bidder inspection is encouraged.
* By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them.
* Nicole Henderson reserves has the right to reject any bid at her sole discretion.
* In the event of failure of the online bidding system or other technical failure or error, Nicole Henderson reserves the right to cancel, extend and/or reopen the auction.
*Nicole Henderson reserves the right to edit listings up until the live catalog begins.

The bidder contract entered into between the bidder, whose name is registered to their account, and Nicole Henderson. The Bidder agrees that the terms listed below shall govern this auction.
1. Full payment shall be made before any items leave the premises.
2. Terms of auction: Bidder agrees not to pursue chargebacks on any credit card payments.
3. NO WARRANTY: The descriptions of items in this auction are believed to be correct.
ITEMS ARE SOLD AS IS - WHERE IS. I, the buyer, have examined this merchandise and accept it the way it is.
4. SETTLEMENT: Must be made at the conclusion of the auction pick-up times. Nothing is to be removed until settled for. Merchandise becomes the full responsibility of the Buyer at time of purchase, and Buyer assumes all risk of loss and damage to property.

5. INJURY & DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by Bidder or his Agent, and further agrees to hold Nicole Henderson, Owners, its Officers, or Employees harmless for any personal injury to himself , or any property damage incurred on auction premises.

SERVICE TERMS AND CONDITIONS

REGISTRATION OBLIGATIONS
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, if Nicole Henderson has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nicole Henderson 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).

INTERNET-ONLY AUCTIONS
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.

When you place a bid you are agreeing to be bound by Nicole Henderson's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract.

Nicole Henderson, at my discretion, can approve or deny bidders. Nicole Henderson reserves the right to accept or deny bidders for any reason.

BIDDING
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 Nicole Henderson may at its discretion release this information to enable legal action to be taken. Nicole Henderson 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 Nicole Henderson, but also a breach of this User Agreement.

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 Nicole Henderson shall have the right to accept the next highest bid.

BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any, 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.

PRIVACY
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

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. Nicole Henderson 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. Nicole Henderson 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.

LIMITATION OF LIABILITY
You expressly understand and agree that Nicole Henderson 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 Nicole Henderson 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.

INDEMNITY
You agree to indemnify and hold Nicole Henderson 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.

LEGAL COMPLIANCE
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.

GENERAL INFORMATION
The TAC constitute the entire agreement between you and Nicole Henderson and govern your use of the Service, superseding any prior agreements between you and Nicole Henderson. The TAC and the relationship between you and Nicole Henderson shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and Nicole Henderson agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washtenaw, Michigan. The failure of Nicole Henderson 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.