ProAuction.net Money Back Guarantee

As professional auctioneers, ProAuction.net stands for quality, fairness, and honesty in all of its practices. ProAuction.net expects both its sellers (“Virtual Storefronts”) and Customers (buyers) to subscribe to these values, too. However, problems do sometimes arise, items are accidentally or purposefully misrepresented, or people just have second thoughts. In such situations, this shall be the policy that ProAuction.net will use to protect the interests of both buyers and sellers.

PLEASE READ THE FOLLOWING LEGALLY BINDING GUARANTEE AND CONDITIONS OF SALE CAREFULLY. All sales on ProAuction.net are subject to the following terms and conditions:

ProAuction.net will hold ALL funds in a secure escrow account until sales are final. Funds will either be returned to customers or be delivered to Virtual Storefronts at the close of sales (less any applicable fees).

The customer will have five (5) business days from the date of delivery (as indicated on the delivery receipt of the shipper) to file a claim on any item purchased through ProAuction.net. If the seller did not send the item through a delivery service that provides proof of delivery, or if the seller does not provide evidence of delivery (i.e. tracking number) to ProAuction.net, then the customer will have fifteen (15) calendar days from the date the item is processed for sale on the ProAuction.net Website to file a claim. If the customer does not file a claim within the preceding period, the sale will be considered final, the seller will be paid the proceeds of the sale, and no refunds will be issued to the customer thereafter.

It is expected that sellers will ship all merchandise insured through a reliable shipping company that provides proof of delivery and that the seller will provide ProAuction.net with such proof (i.e. providing the tracking number of the shipment) in a very timely manner. However, all delivery of merchandise from the seller to the buyer is to be arranged directly between the seller and the buyer and is not covered by this guarantee in any way. Shipping-related claims must be worked out with the seller and/or the shipper and are not covered by this guarantee nor does ProAuction.net handle them.

A customer may file a claim for one of two reasons:

Dissatisfaction with or dislike of the item or product, or

Suspected misrepresentation of the item or product.

To file a claim, customers may provide the following information to ProAuction.net: full name and contact information (address, e-mail, phone/fax numbers, etc.), user ID on the Website, date sale closed, amount paid, brief description of the item in question, and a complete explanation of the reason for the claim. Claims should be filed by e-mail to service@ProAuction.net or faxed to +1 (916) 489-8747. All claims filed by e-mail or fax must be RECEIVED by ProAuction.net prior to 3:00 PM Pacific Time of the last day of the customer’s claim period. Claims may also be submitted by an express courier service (e.g., FedEx, Airborne Express, UPS) with delivery being made to 2300 Bell Executive Lane, Sacramento, CA 95825-4068. Such claims must be RECEIVED by ProAuction.net prior to 10:00 AM Pacific Time of the day following the last day of the customer’s claim period. ProAuction.net will not be held responsible for any lost, delayed, or misdirected claims. Claimants will receive a confirmation of receipt of the claim by (in order of preference) e-mail, fax, or U.S. mail. Confirmation will include a claim number that must be included in all future communication with ProAuction.net in this matter. Confirmations will typically be sent out within one business day of receipt of the claim, but occasionally may be delayed up to three business days if there are problems identifying the item in question or the parties involved.

If the claim is due to dissatisfaction with or dislike of the item or product, the seller will be contacted and asked if he or she is willing to take the item back. If so, the customer will be notified and is responsible for paying all return shipping charges back to the seller. The customer must insure the item for the full value purchased and use a reliable shipper that provides a tracking number and proof of delivery. The customer must provide ProAuction.net with the tracking number. After the seller receives the item and verifies the item is in the same condition it was shipped in, the customer will receive a refund of all charges billed by ProAuction.net, less a fifteen percent (15%) restocking fee. If the seller does not wish to take the item back, ProAuction.net will have the option of accepting the item on consignment for the customer to resell on the ProAuction.net Website. If either ProAuction.net or the customer does not wish to consign the item, the sale will be considered final, and the customer will retain the item or product.

If the claim is due to suspected misrepresentation, ProAuction.net will contact the customer for additional supporting information as to why he or she believes the item was misrepresented. ProAuction.net will contact the seller for his or her explanation. ProAuction.net will review the facts and make a decision as to how to proceed. Possible actions include the customer returning the item or product at the seller’s expense and the customer receiving a full refund; the customer retaining the item, but receiving a partial refund; or, if the misrepresentation is unsubstantiated, no refund will be issued, but the item may then be handled under part (6) above

THIS GUARANTEE IS MADE IN LIEU OF ALL OTHER GUARANTEES OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, PROAUCTION.NET SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS) RELATING IN ANY MANNER TO ANY USE, INABILITY TO USE, OR OTHER MATTER PERTAINING DIRECTLY OR INDIRECTLY TO PRODUCTS PURCHASED VIA PROAUCTION.NET. ALL ITEMS SOLD ON PROAUCTION.NET ARE SOLD AS IS/WHERE IS. Individual sellers are responsible for the graphical and editorial content of their own “Virtual Storefronts,” and as such, ProAuction.net shall not be responsible for the accuracy, completeness, or correctness of any information supplied and/or distributed by a third party on or through the ProAuction.net Website.

Strictly following the terms of the guarantee is the sole remedy that a customer has to receive a refund from ProAuction.net. Should a customer seek any alternate method of reimbursement, such as through legal action against the seller, the customer agrees to immediately forfeit all rights to funds of and claims against ProAuction.net, its subsidiaries, its owners, and its employees. Customers purchasing items via ProAuction.net by credit card agree that all sales are final, except as expressly allowed above, and waive the right to “charge back” purchases. Customers that reverse a debit from an ATM/debit card, electronic fund transfer, or electronic check, or who stop-payment on a check by fax, check by phone, or a traditional paper check agree to quickly submit a secured method of payment or have their accounts turned over for collection.

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