Terms and Conditions
Terms of Service
1. In General
The following General Terms of Service (“Terms”) shall apply exclusively to the business relationship between Auction Storm (“Auction Storm”), its internet platform www.auctionstorm.com. (“the Website”) and our users. By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website and its “Autostrikes” operate as described on the Website.
Promotions. Any special promotions run by Auction Storm shall only be valid if they are announced on the Website or in its corresponding email newsletter and only for the limited time announced.
Posted advice. Any bidding advice or other written advice (for instance, ‘Help Topics’ articles) posted on the Website are provided solely as suggestions and are not intended to be relied upon. Auction Storm is not responsible for any actions taken due to a user or other person having read or been told about such advice.
2. Eligibility / Registration / Disqualification
Eligiblity. By placing a bid on the Website, the user declares that they are legally capable of entering into binding contract. It is Auction Storm's policy to conduct the auctions in a fair and impartial manner. Therefore, Auction Storm undertakes not to bias or otherwise interfere with the auction protocol and process in any way. To that end, employees and relatives of employees of Auction Storm, or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.
Auction Storm's products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Auction Storm reserves the right to exclude anyone it has reason to believe is such a commercial reseller from participation in auctions and to close their user accounts at any time.
Registration. Each user may register only once using their postal address. Registration using Post Office Boxes or equivalents is not permitted. Additionally, only two user registrations per household is permitted.
During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. If Auction Storm receives credible information that a username is illegal or in breach of any of these Terms, Auction Storm can replace this username without prior notice.
During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else.
Unless the user can demonstratively prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Disqualification. In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of Auction Storm or third parties, Auction Storm shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable its account and, if appropriate, report the commission of a crime. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or the creation of multiple user accounts by the same individual or household.
In the event of a breach of these Terms, Auction Storm reserves the right, amongst other remedies, to withhold deliveries or refunds for bids. Furthermore, Auction Storm reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of their successfully finished auctions. Without limitation, it shall be a breach of these Terms if a user provides any information that is false, inaccurate or misleading or if the user engages in any unlawful activity in connection with the Website, or if the user creates or attempts to create interference with the proper working of the Website.
3. Purchasing Bids / Bonus Bids
Rights to bid in an auction (“bids”) must be paid for by users prior to online bidding. Bids can be purchased in packages (“Bid Packs”) at the prices in force at the time of purchase. Details can be found at “My Account” under “Buy Bids”. Unexpired bids, from a Bid Pack or otherwise are not refundable.
Payment can be made by credit or debit card or via payment agents such as PayPal. Should a payment not be honored by a user, a returned payment fee will be charged to the user. Certain bids (e.g. some "Bonus Bids") are valid only for a limited time. Upon expiration of the time stated, the bids expire and no refund is available.
4. How to Place a Bid
Users can bid in two ways online. Bids can be placed by physically clicking on the bid buttons, or can be placed automatically using the Autostrike application. Once a bid is placed, it is deducted from the user’s bid account.
The Autostrike allows bidding on an auction even if they are not online at that time. The Autostrike automatically submits bids according to the specifications set in advance by the user. More information on how the Autostrike operates is available in the “Help Topics” section. The user is prohibited from using bidding software not authorized by Auction Storm. Doing so will constitute a Breach subjecting the user to immediate disqualification.
5. How An Auction Works
With each bid placed the price of the item on which the user is bidding increases by the amount designated on the Website by Auction Storm. A bid submitted by the user conveys the willingness of the user to enter into a binding contract with Auction Storm for the item offered at the price of that bid. In the event that bid is the last bid made at the end of an auction, the bid constitutes a binding contract with Auction Storm to purchase the item of the auction at the bid price and under the conditions set out in the pages which provide the details for each specific auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in section 6.
Each new bid placed resets the “countdown timer” which displays the time remaining in the auction. For more information, please consult the ‘Help Topics’ section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids on the item expire and, as indicated, are non-refundable. The last bidder is determined according to the records in Auction Storm's database. Auction Storm's determination of the last bidder shall be final (save in the case of manifest error).
6. Acceptance of the Win and Payment
After an auction has ended, the last bidder (the “winner”) must go to “My Wins”, located in “My Account” or another webpage if so indicated. Here, information on total price (including shipping costs, taxes, etc.) and payment options will be displayed. The user must actively confirm by clicking on the button marked CLAIM, and pay the total price for the win by following the steps indicated on that page or elsewhere if indicated. Once the winner has confirmed, the win is accepted. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail from Auction Storm. Subsequently the item will be delivered to the winner (subject to the remedies for breach of a Term set out in this Agreement.)
If an auction win has not been confirmed by the winner and paid within 72 hours of the auction end time, Auction Storm reserves the right to withdraw the offer to conclude a contract. If Auction Storm withdraws the offer, the winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable.
Should bids that have already been purchased and used by a user not have been fully paid for, payments subsequently received from this user shall be treated as payment toward the bids not yet fully paid for. Auction Storm reserves the right to retain the item purchased at auction until all bids and the total price have been paid for in full. Auction Storm reserves the right to charge the winner reasonable storage charges for items not paid for.
A receipt containing the auction price shipping costs and taxes, if applicable, will be sent to the user by Auction Storm once delivery has been arranged.
Publicity. Auction Storm reserves the right to publish the name, region address and photograph of any winners. This rule is one of the conditions of participating on the Website, which allows Auction Storm to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.
As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your win. The following rules apply to the photo session:
- The face must be uncovered
- Auction Storm might require photo ID to confirm the winner’s usual appearance. If a winner refuses to comply with these rules, Auction Storm reserves the right to suspend payment of the prize.
The information gathered may be used to write a press release sent to the media.
7. Cancellations
Auction Storm grants winners the right to cancel a purchase for a full refund of the auction end price even if the goods are not defective in any way, subject to the following limitations. This cancellation right terminates at 5 pm on the day which is fourteen days after the day on which a winner receives the goods or a notification that the goods are ready for collection. Day one of this fourteen day period is the day following such receipt or notification.
The right to cancel does not apply in the event the item consists of audio or video recordings or computer software whose packaging has been unsealed after delivery or collection. These items are not eligible for return or refund. Sets or boxes can only be returned in their entirety.
If a winner wishes to cancel the contract within the fourteen day period, they must inform Auction Storm in writing (by letter or email). The winner must retain proof that the writing was transmitted within such 14 days. Cancellations by phone will not be accepted.
The following contact details must be used:
Auction Storm 1909 E. Ray Rd. Chandler, AZ, 85225 suite 9-127
In order to validly complete cancellation, a winner must return the product or products in good merchantable condition, as might be expected of a new product. The cost of postage for delivery by mail or the cost of other delivery methods for the return of a product will be paid by the winner (unless the goods he/she received were found to be faulty). If the user is unable to return the service or product received or is only able to return it in part or only in a depreciated condition, he will have to pay compensation to Auction Storm [the amount refundable will be reduced proportionally].
Should Auction Storm incur costs because the winner has not included sufficient postage or other carrier or transport costs paid by the winner for the return were not sufficient, these costs will be deducted from any payment remitted to the winner.
8. Delivery
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) as well as within the provinces and territories of Canada. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii or in the Yukon, Northwest Territories or Nunavut. Please check notifications on the pages which provide the details on each specific auction in advance.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Auction Storm shall be entitled to engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item or packaging during transport shall be reported to Auction Storm by the winner upon taking delivery.
Should Auction Storm not be able to deliver the item ordered, Auction Storm shall promptly notify the winner if it can deliver a comparable substitute product that has the same or better features. The winner shall then promptly notify Auction Storm if it wishes to receive this substitute or if it prefers to receive a refund.
9. Compensation for Defects
If there is a defect in the product received and the winner wishes nevertheless to retain the product and receive compensation from Auction Storm for the reduction in value arising from the defect, the winner must provide Auction Storm with reasonably sufficient evidence of the defect and the reduction in value. Accordingly, minor defects will occasion a minor compensation to the winner by Auction Storm. The winner must make such claim within the fourteen day period set out above and according to the same conditions.
10. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.
User expressly agrees that use of the Website is at user's sole risk. Neither Auction Storm, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Website is provided on an "as is" basis. To the maximum extent permitted by law, Auction Storm disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, Auction Storm does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Auction Storm is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will Auction Storm, or any person or entity involved in use of a Auction Storm auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above, neither Auction Storm, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Auction Storm, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from the Website.
All new products are sold with the manufacturer's limited warranty only. Auction Storm warrants solely that the products sold to user under these Terms shall have the characteristics specified in the Website’s specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Auction Storm. Warranty is excluded with respect to any products which are used products and Bid Packs.
Except for the warranties set forth above, Auction Storm makes no other warranties, either express or implied, with respect to the products, or any related services performed by Auction Storm or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.
Auction Storm shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the winner or any other person following delivery by Auction Storm. In no event shall Auction Storm be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.
12. System Outage / Temporarily Halted Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and three (3) minutes will be added to the auction timer; Auction Storm reserves the right, at its sole discretion, to add more than three (3) minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the user’s responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Auction Storm, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.
13. Claims by Users
Auction Storm, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. Auction Storm expects the same from its users. If a user does not make an attempt to resolve a dispute before initiating a claim procedure, their account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service by emailing sales@auctionstorm.com.
14. Trademarks and Copyrights
All trademarks appearing on the Website are the property of their respective owners. Auction Storm claims copyrights in all content of this site.
15. Service and Support for Products Purchased
All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their terms and conditions.
16. Applicable Law / Severability Clause
This Terms of Service Agreement and your use of the website shall be governed by the laws of the United States and the State of Arizona without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or Arizona court of competent jurisdiction.
17. Protection of Data
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
18. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites.
The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Auction Storm website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.
19. General
The contract between Auction Storm and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms or any of their rights or obligations without Auction Storm's prior written consent.
Auction Storm has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting Auction Storm's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Auction Storm's system capabilities.
All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Auction Storm notifies its users of the changes to such policies or General Terms before Auction Storm sends information relating to delivery (in which case Auction Storm has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).
This Agreement and any operating rules for the Website established by Auction Storm constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
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