Online Bidding Terms and Conditions
These terms and conditions apply to all online bidding at auction sales conducted by or in conjunction with Cavalier Galleries Inc./Cavalier Auctions (“Online Bidding”). By registering to participate in a Cavalier Auctions sale (a “Sale”) via Online Bidding, you expressly agree to these terms and conditions.
These Cavalier Auctions Online Bidding Terms and Conditions are supplemental, meaning that they shall apply in addition to the general Conditions of Sale and other terms and conditions applicable to bidders and buyers participating in the subject Sale (collectively, the “Bid Conditions“) and shall be deemed incorporated by reference and made a part of the Bid Conditions for such Sale. The general Bid Conditions are published on our website. Additional information applicable to the Sale may also be set out on our website and it is your responsibility to review that information. In registering to bid at any Sale, you agree to the applicable Bid Conditions.
In addition, use of the Cavalier Auctions Online Bidding service is at all times subject to the Cavalier Auctions Conditions of Web Site Use.
References in this document to “Cavalier Auctions”, “we” or “us” mean Cavalier Auctions. References herein to “you” and “your” mean the person or entity registering to bid or bidding in a Sale via the Online Bidding service.
Registration
1. Before you can bid, you must create an account with Cavalier Auctions and Register to bid online.
2. Once you have created your account and registered, you should keep your account details strictly confidential, and you must not permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all bids made via your account.
Online Bidding Process
1. Once you have successfully registered, you will be eligible to bid online in the current Sale.
2. During a Sale, you can bid for a lot by entering your bid with the “Place Bid” button or the “Maximum Bid” field. Each bid shall be final and binding as soon as you click the Bid button.
3. The current bid will be displayed on your screen during the Sale. In the event of a tie between a bid placed by you online and any other identical bid(s) (including telephone bids, absentee bids, and other online bids), it will be at Cavalier Auctions’s discretion as to which bid shall be accepted.
4. All winning bids are subject to an additional 22.5% buyer’s premium, as well as any applicable taxes and/or shipping & handling fees.
4. You acknowledge that you are bidding in a timed online auction and you agree that each bid submitted as provided in these terms and conditions is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us. You accept full liability for all bids submitted via your Online Bidding account (including the liability to pay in full and on time in accordance with the Bid Conditions for any lot that is the subject of a successful bid submitted from your account).
5. Please note that Cavalier Auctions reserves the right to reject a registration to bid online, withdraw its permission for you to use Online Bidding, or terminate an Online Bidding account, for any reason at any time prior to, during or after a Sale.
After the Sale
1. You will receive notification by email if you are successful in your bidding, and/or you may check the results in your Cavalier Auctions account.
2. You agree to pay for and collect any lot that is the subject of a successful bid submitted by you or from your Online Bidding account, in accordance with the Bid Conditions.
Use of the Online Bidding Service and Limitations of Cavalier Auctions’ Liability
1. Lots are available for inspection prior to any Sale, and it is up to you to satisfy yourself as to each and every aspect of a lot. You are strongly advised to examine in person any lot on which you may bid or have it examined on your behalf before any Sale.
2. If you choose to use the Online Bidding service, you do so entirely at your own risk. Access to and use of Online Bidding is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections.
3. The content displayed via the Online Bidding service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Online Bidding service and to make any changes to the features, functionality or content of the Online Bidding service at any time.
4. WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE ONLINE BIDDING SERVICE.
5. CAVALIER AUCTIONS AND ITS SUPPLIERS PROVIDE THE ONLINE BIDDING SERVICE AND THE CAVALIER AUCTIONS WEB SITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE ONLINE BIDDING SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE ONLINE BIDDING SERVICE OR THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Changes to These Terms and Conditions
We may make changes to these terms and conditions periodically. Any changes will be posted on our website at www.cavalierauctions.com, and we will endeavor to notify you of the same by means of a notice and link to the revised terms on our web site. Please review these terms and conditions regularly to ensure you are aware of any changes made by us. If you use Online Bidding after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, we advise you not make any subsequent use of the Online Bidding service.
Governing Law, etc.
These Cavalier Auctions Online Bidding Terms and Conditions shall be governed by, and construed in accordance with, the laws that govern the general Bid Conditions in respect of the applicable Sale as specified therein, and by the other terms and conditions as are set forth in such Bid Conditions.