Fall Estate Haul Auction

REGISTRATION

To bid in each auction, you must register on The Downsizers Group LLC DBA The Consignors online bidding platform. You may not register in person.

To set up your account as sales tax exempt, fill out the E-595E NC Tax Exemption Form, and send it to support@theconsignors.com. Please include the name your account is registered under and we will reply with email confirmation that your account will be sales tax exempt for future auctions. This information must be provided at least 48 hours before the closing of the first auction you participate in for the sales tax to be omitted from your invoice.

All times are based on the Eastern Standard Time (EST) Zone.

“Bidder” means any person or entity, and the agents or representatives of any such person or entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction (including without being limited to, inspection and/or pick-ups), regardless of whether such person or entity tenders a bid.

“Buyer” means the winning bidder on a lot.

By agreeing to these Terms and Conditions, you consent to receive marketing text messages (e.g. auction starts/finishes, pick-up reminders) from The Consignors at the number provided. Consent is not a condition of purchase. Message & Data rates may apply. You may unsubscribe by replying 'STOP' to the message.

Our Privacy Policy can be found at https://theconsignors.com/privacy/

You may also opt out of these notifications by sending an email to support@theconsignors.com

TERMS & CONDITIONS

PAYMENT OPTIONS and INSTRUCTIONS:

Auctioneer accepts Visa, MasterCard, Discover, Diners, and American Express. Buyer will be furnished with an electronic receipt at the conclusion of the sale. Buyer must therefore provide The Consignors (otherwise known as “Auctioneer”) with Buyer’s current, correct email address, phone number, and U.S. Postal Service complete and current mailing address.

Bidder must be at least 18 years old and have a valid credit card on file with our company to register for and participate in our auction. The first time Bidder saves a new card to Bidder’s account, there is a $1.00 soft hold to confirm there are funds available. This hold will automatically fall off in 2-3 business days.

Buyer's credit card on file with Auctioneer will be charged immediately following the close of the auction for any items you have won. In the event Buyer’s card isn’t charged immediately, it will be charged within 24 hours of the auction closing.

If Buyer’s credit card on file is declined for any reason, Buyer will incur a $15 Declined Card fee on Buyer’s invoice. Please ensure payment and contact information on file is correct, currently valid, and able to cover the entire invoice purchase price.

Cash payments will NOT be accepted.

No personal checks will be accepted.

Any payment over $3,000 can ONLY be made by certified cashier’s check or wire transfer. Wire transfers will have a $30 fee applied to the invoice total.

If your invoice is not paid within 7 business days of the auction closing for any reason, the auction house reserves the right to ban you from future auctions. This will affect your ability to bid on any current or future auctions with Auctioneer.

PAYMENT INFORMATION:

The currency for all purchases is USD.

A non-refundable 13% Buyer's Premium and 7.5% Orange County NC Sales Tax applies to all invoices.

Buyer agrees not to initiate a chargeback or dispute for their purchases under any circumstances. If you initiate a chargeback or dispute for any reason, the auction house reserves the right to ban you from future auctions.

Transportation, storage, and handling fees are at the sole discretion of the Auctioneer.

Auctions with inventory located outside of Chapel Hill, NC may be subject to additional sales tax as required by the corresponding municipality or borough.

PREVIEW:

There are limited in-person previews for this auction, by appointment only. All inventory is located at our warehouse facility at 7401 Rex Rd, Suite 107, Chapel Hill, NC 27516.

Additional photographs, videos, or condition reports may be available upon request. Please forward requests to support@theconsignors.com

PICK-UP/DELIVERY:

Buyer is responsible for pick-up and removal of lot(s) purchased. See details of each auction for specific Pick-Up Days. Bring a photo ID and be prepared to present your email invoice receipt of purchase.

If Buyer is unable to pick up items during the designated auction pick-up times, a $20 fee will apply to schedule an appointment for an alternative pick-up time. Items not picked up or rescheduled within 48 hours of auction closing will be forfeited. Call 984-250-7780 to reschedule your pick-up. No refunds will be given for this fee.

All inventory, unless otherwise noted, is located at our warehouse facility at 7401 Rex Rd., Suite 107, Chapel Hill, NC 27516.

Loading, transportation, and any required disassembly of items is the sole responsibility of the Buyer. We do not provide tools for disassembly or assist with moving heavy objects. Any and all damage, including, without being limited to damage to land or buildings, caused by Buyer, Buyer’s agent, Buyer's representatives and/or Independent Contractors will be repaired at Buyer’s expense, to the satisfaction of Auctioneer.

Some deliveries can be made in Chapel Hill/Raleigh/Durham for a fee on a case-by-case basis. (See LOCAL DELIVERY below)

Auctioneer requires permission for all pick-ups on a Buyer’s behalf. Email Auctioneer at support@theconsignors.com or call us at 984-250-7780 to request a substitute pick-up person in your place. The substitute pick-up person must have a photo ID to pick up items on Buyer’s behalf.

Unless previous arrangements have been made, any closed auction’s inventory remaining beyond said auction’s pick-up period will be considered abandoned. These item(s) and payment(s) will be forfeited by the buyer.

LOCAL DELIVERY - Local delivery (within 30 driving miles of our warehouse) is now available with pricing as follows: $95 for small items, furniture items, carpets, etc. and/or $160+ for larger/heavier furniture items. This pricing may increase based on the quantity and types of items being delivered. Call The Consignors at 984-250-7780 to discuss. Payment by credit card required before delivery.

Delivery outside of 30 miles is available for an additional fee. Please contact support@the consignors.com if you are interested in delivery to an area over 30 miles.

BIDDING ONLINE:

As a Bidder, placing a bid is a binding contract between Buyer and Auctioneer and the bid cannot be retracted. All bids placed are final. As a company policy, we do not retract bids as it interferes with the integrity of the auction. If you default on payment or have your high bid removed for any reason, you will be liable for any difference in sale price between what your high bid was and the final sale price of the lot.

The auction will close at a rate of three (3) lots per minute. If a bid is placed within the item's last closing twenty (20) seconds, the lot will be automatically extended by twenty (20) seconds until twenty (20) seconds lapses during which no advancing bids are received.

Auctioneer Defined Online Bidding Increments: $1 - $10: $1, $11 - $25: $2, $26- $100: $5, $101 - $500: $10, $501 - $1,000: $25, $1,001 - $5,000: $50, $5,001 - $10,000: $100, $10,001 - $25,000: $250, $25,001 - $50,000: $500

Bid increments are subject to change during the auction at Auctioneer's discretion.

When a user places a Maximum Bid, it will be placed at the reserve price if said Maximum Bid exceeds the reserve. If the Maximum Bid amount is below the reserve, the bid will be placed for the full amount.

Auctioneer reserves the right to cancel a reserve price at any time, which guarantees a sale to the highest bidder at any price.

Being the high bidder on an item, with or without reserve, is a commitment to purchase the item for the amount of the high bid. This does not include Maximum Bids which exceed the amount of the current high bid.

As a Bidder, you are responsible for any bids placed under your account.The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your account.

Auctioneer will not be responsible for technology disruptions, errors or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by:

loss of connectivity, breakdown, disruption, failure of the online platform, or otherwise,

breakdown, disruption, or failure of Buyer’s internet connection, computer or system, or

for any other reason.

Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.

Auctioneer makes no representations or warranties, and disclaims all representations and warranties:

that any online auction platform(s) or any related website(s) or technology will be uninterrupted, error free or virus free,

as to the results that may be obtained by using any online auction platform(s) or any related website(s) or technology,

as to the accuracy, completeness, reliability, security, or current nature of any online auction platform(s), or any related website(s) or technology.

CONDITIONS OF SALE:

All property is sold “AS IS”, and ALL SALES ARE FINAL. Items may have wear and tear, imperfections, and/or the effects of aging. Any condition statement given, as a courtesy to a client, is only an opinion and should not be treated as a statement of fact. All dimensions provided are approximate. Bidders are always encouraged to inspect items in person before bidding to make their own determinations as to condition, size, value, and authenticity. Bidders may contact Auctioneer for more information regarding an item, if desired. Auctioneer accepts no responsibility for any error or omission.

Property is open to thorough public inspection by preview appointment only or via a request for additional condition reports, photos, or videos. It is the Bidder’s responsibility to determine condition, age, authenticity, value, or any other determining factor. Auctioneer may attempt to describe the merchandise in advertising on the Internet and at the auction but makes no representations. In no event shall the Auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value and authenticity and may not make any contest regarding any determining factor. Bidders who participate from off-site and forgo the opportunity to be present at the preview understand and acknowledge that this affects their ability to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value, or any other determinable factor. Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as-is and that they may not return any item they purchase. THERE ARE NO REFUNDS.

Any high/low estimates provided are a courtesy only, and not a guarantee of the sales price.

Any photography props in item photos are used as such and are not included for sale.

WARRANTIES OF OWNER/REPRESENTATIVE:

The owner/representative warrants that he/she is the owner of listed items and has merchantable title to the items of personal property offered for sale and hereby grants to the Auctioneer the right to convey a merchantable title to such property to such buyers as may be successful at sale time. The Owner/representative guarantees clear title, and that liens on the listed property be so stated, whereby arrangements will be made so that clear title will be issued to the purchaser. In the event the owner/representative is unable to clear the title, the owner/representative will be liable for any pre-sale expenses incurred by Auctioneer and/or a withdrawal fee.

Auctioneer is providing Internet auction bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer or anyone else if the Internet service fails to work correctly before or during the timed online auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bids are acknowledged should use the website feature and leave their maximum bid 24 hours before the auction ends. Auctioneer reserves the right to withdraw, re-sequence, or re-catalog items in this auction at any time, for any reason.

GOVERNING LAW & VENUE:

This agreement is governed by and construed in compliance with the domestic laws of the State of North Carolina without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of North Carolina or of any other jurisdiction) that would cause the application of the laws of any jurisdiction except the State of North Carolina. All disputes related to this agreement shall be resolved in a court of law located in Raleigh, North Carolina.

INDEMNITY:

Bidder agrees to defend, indemnify, hold harmless Auctioneer (along with its officers, directors, agents, contractors, and affiliates) from and against any and all claims, costs, fees, damages, and liabilities arising out of or related to these Conditions of Sale, view of items, or lots, bidding, or participation in any auction by Auctioneer, and/or or in any way connected to any item you viewed, bid upon or purchased through Auctioneer.

ACCEPTANCE:

By bidding in our auction, Bidder accepts and agrees that they have read and agreed to the Terms & Conditions of the auction in their entirety. Thank you for your understanding, accordance, and acceptance of these Terms & Conditions.

TEXT MESSAGE NOTIFICATIONS

You may receive various notifications from The Consignors regarding the starting/ending of auctions, pickup dates/times, seasonal promotions, and other alerts.

You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@theconsignors.com

Carriers are not liable for delayed or undelivered messages

As always, message and data rates may apply for any messages sent to you from us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy: http://theconsignors.com/privacy

ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

AFL # 10665