ProAuction.net ™ Customer Terms & Conditions

NOTICE: Please read this document carefully. Registration requires your agreement to ALL Terms and Conditions

ProAuction.net is pleased to be able to provide this service to its customers of bidding on and purchasing items from established retail businesses, called Virtual Storefronts, using the Worldwide Web. Each registered customer placing a bid or making a purchase request must agree to the following Terms and Conditions:

By registering to participate, placing a bid, and/or purchasing a fixed price item, each prospective customer acknowledges receipt of these terms and conditions of sale and unconditionally agrees to be bound thereby. Additionally, each prospective customer acknowledges that he or she has been advised to regularly view the Terms and Conditions section as it is necessary to update Terms and Conditions from time to time. Prospective customers are obligated to the current Terms and Conditions each time they place bid on an auction item or purchase a fixed price item.
All customers must pre-register using ProAuction.net's user registration procedure.
Due to unpredictable delays in the transmission of electronic data, it is possible that a bid or purchase may arrive after an item closes, or after a bid or purchase request at an equal value has been made. ProAuction.net is not responsible for bids or purchase requests not being received, processed, or accepted due to technical difficulties, whether related to ProAuction.net's, customer's, or a third party's computer hardware, software, or otherwise.
Due to unpredictable delays in the transmission of e-mail, it is possible that e-mail notification that you were outbid may arrive after an item closes, or after a bid or purchase request at an equal value has been made, or possibly not arrive at all. ProAuction.net provides the AuctionWatch e-mail notification as a feature to registered customers, but guarantees neither its reliability nor its ability to notify customers of situations for which they may wish to be advised. Therefore, ProAuction.net is not responsible for e-mail not being sent, processed, or received due to technical difficulties, whether related to ProAuction.net's, customer's, or a third party's computer hardware, software, or otherwise.
Items listed at "fixed prices" are subject to prior sale by the Virtual Storefront listing the items. While most items sold offline are removed from this service within 24 business hours, ProAuction.net cannot guarantee the availability of fixed-price items. Should a customer request to purchase an item previously sold offline, the customer's sole remedy shall be a prompt refund of the customer's monies, if the customer has already delivered payment to ProAuction.net before the prior sale is discovered. The Virtual Storefront will also be notified of the attempted sale and may offer, upon approval of the the customer, an item of similar quality and value in lieu of the original item. Should the customer accept the offer, the sale will be processed as normal by ProAuction.net.
ALL ITEMS ARE SOLD "AS IS, WHERE IS," AND WITH ALL FAULTS. THERE ARE NO WARRANTIES MADE EITHER BY THE OWNER OR THE AUCTIONEER THAT ANY OF THE ITEMS ARE MERCHANTABLE OR FIT FOR USE FOR ANY PARTICULAR PURPOSE. The information and descriptions contained in the advertising materials for this sale are, to the best of ProAuction.net's knowledge, believed to be correct. ProAuction.net assumes no responsibility nor makes any warranties or covenants regarding same. It shall be the customer's obligation to verify information and descriptions of items prior to sale. ProAuction.net, solely at its discretion, may offer to resolve disputes between a Virtual Storefront and a customer as set forth in the ProAuction.net Return/Refund Policy below.
RETURN/REFUND POLICY.
1. The customer will have five (5) business days from date of delivery, as evidenced by shipping records, to review each item purchased through ProAuction.net.
2. Anytime during that five day period, the customer may contact the offices of ProAuction.net to request a Dispute Inquiry Number if the customer either (i) feels the Virtual Storefront grossly misrepresented the item, or (ii) does not care for the item.
3. Depending upon the type of dispute (misrepresentation or dislike), ProAuction.net will take one of the following actions:
  1. In the case of alleged gross misrepresentation, a ProAuction.net representative will contact both the customer and the Virtual Storefront and attempt to determine the facts concerning the item. The representative will then act as binding arbitrator between the parties to resolve the issue, resulting in either: (a) the Virtual Storefront taking back the item at its expense (including the original shipping costs to deliver the item to the customer and the shipping costs to return the item, as well as all fees normally charged by ProAuction.net) and once the item has been returned to the seller in its original condition, the customer will receive a refund as described in D below; or (b) the Virtual Storefront not being responsible, the customer keeping the item without refund, and the sale being deemed as final.
  2. If the customer simply does not care for the item, but does not dispute how the item was represented online, then a representative from ProAuction.net will contact the Virtual Storefront to determine if it is willing to accept a return of the item. If the Virtual Storefront is willing to accept a return of the item, the customer will be responsible for paying and arranging return shipping to the Virtual Storefront of the item in its original condition; the customer will receive a refund as described in D below, less a 15% restocking fee which will be split between the Virtual Storefront and ProAuction.net. If the Virtual Storefront is not willing to accept the item for return, and if ProAuction.net is not interested in selling the item on consignment, the sale will be deemed as final and the customer will keep the item without refund.
4. Depending on how the customer originally paid for the item, the customer will receive his or her refund (if any) as follows:
  1. If the customer originally paid by credit card, the customer will receive a credit back to the original credit card. Refunds will only be made after the customer's original funds have been secured by ProAuction.net and deposited in its trust account.
  2. If the customer originally paid by electronic check, check-by-phone, check-by-fax, or electronic funds transfer (EFT), then the customer will receive a credit back to the same account the money was withdrawn from. Refunds will only be made after the customer's original funds have been secured by ProAuction.net and deposited in its trust account.
  3. If the customer originally paid by personal check, business check, cashier's check, money order, or cash, then the customer will receive a company check from ProAuction.net, payable to and mailed to the customer as indicated in our customer database. Refunds will only be made after the customer's original funds have been secured by ProAuction.net and deposited in its trust account.
5. The preceding terms are the sole remedy and sole means that the customer may attempt to recover his or her funds through ProAuction.net. Should the customer miss the five day dispute period or seek recovery of funds through alternative means (including but not limited to chargebacks, stop payments, or legal action), the customer immediately forfeits any rights to a refund that he or she may have had, the sale will be considered to have been final upon delivery of the item to the customer, and ProAuction.net will no longer offer any assistance in resolving disputes between the customer and the Virtual Storefront.
Each buyer is responsible for payment of any sales tax chargeable by the customer's City and/or State, in addition to shipping and handling charges, any premiums in effect for this sale. Taxes, shipping and handling charges, and any premiums are not considered by ProAuction.net to be a part of the bid or sales amount submitted. Additionally, the customer must carefully read the sales description for each item for any additional terms or conditions imposed upon the customer by the Virtual Storefront (so long as any such terms or conditions do not conflict with established ProAuction.net Terms and Conditions). Placing a bid or purchase request on an item indicates agreement by the customer to any such terms or conditions.
No item is to be shipped or removed until complete settlement is made and the customer's funds have been secured and deposited into the ProAuction.net trust account.
Each customer will be automatically notified by e-mail from ProAuction.net within one business day of a transaction that your information has been received and processed. Further, you will receive additional confirmation e-mail from ProAuction.net once your payment has been processed and the Virtual Storefront is eligible to release the item. If you do not receive such e-mail, please contact service@ProAuction.net and/or operations@ProAuction.net immediately.
It is a violation of law to make bids or purchases in a false name or with an invalid credit card, even if our software initially accepts such a request. Please be aware that even if you do not give us your real name, your Web browser transmits a variety of information to us, including a unique internet address which can be used by law enforcement officials to uniquely identify you. Note: submitting a false bid or purchase request puts you at substantial personal legal risk. Fraudulent customers will be prosecuted to the fullest extent of the law. Currently, both the Federal Bureau of Investigation (FBI) and the U.S. Secret Service are responsible for investigating all Internet fraud cases. U.S. Postal Inspectors may become involved if U.S. Mail service is utilized at any point. Further, ProAuction.net reserves the right to take legal action against any individual or business believed to be involved in fraudulent or malicious activity against or using our service.
The conduct of the auction sale and these Terms and Conditions of Sale shall be construed and enforced in accordance with the laws of the State of California as applied to contracts entered into in California.

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