Terms and Conditions for DUAIV Online Auctions – User Agreement

Thank you for visiting our DUAIV Auctions website, including our mobile device-ready version. This website is operated by DUAIV LLC. Throughout this document, the terms “DUAIV, DUAIV Auctions”, “we”, “us” and “our” refer to DUAIV LLC.

Bidder and Auctioneer agree the terms listed below shall govern each auction.

All registration information the Bidder provides to the Auctioneer shall be current, complete, and accurate. Bidders must be 18 years of age older. Bidder agrees to not use any device, software, or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale. Bidder acknowledges that this auction is conducted electronically and the auctioneer/seller and buyer rely on hardware and software that may malfunction without warning.

To proceed with bidder registration, you must first agree to the following Terms and Conditions.

 

Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.

Implied Warranty/Disclaimer

Information that is used or shared by DUAIV is the current owner’s and is believed, to be honest, and correct. DUAIV is not responsible for any misleading information that is mistakenly listed. DUAIV is not responsible for any failures or lack of expectations on painting, watercolor, artwork, and other products marketed on this site.

Your Information

You agree and are solely responsible to provide accurate information that will be used to identify you to this system, to deliver notices to you, and to allow us to contact you. If your information changes then you are responsible to update it on the site. We will not be responsible for lost, delayed, or misdirected notices in the event you do not update your information in a timely manner. Your personally identifying information will be protected as per DUAIV Auctions Privacy Policy, which is incorporated, by reference, into this Agreement. DUAIV Auctions may refuse our services to anyone at any time at our sole discretion. You will be suspended or permanently banned from our site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from our site if you are the successful Bidder and do not honor your auction bid. Our use of email addresses is strictly used to contact Buyers and Owners/Sellers; any use of this private information by anyone else is strictly prohibited and will take appropriate legal action.

Event/Details Page & Lot Description

Specific terms, conditions, and fees associated with each auction or specific lot in an auction provide additional information to the buyer in addition to the terms in this user agreement.

Description of Information

The descriptions of items appearing in the auction and in advertising prior to this sale are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or Auctioneer concerning any item shall be construed as a warranty either express or implied. PAINTINGS, WATERCOLORS, AND ALL OTHER ITEMS ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. These written terms constitute the final expression of the parties’ agreement and a complete and exclusive statement of the terms of the contract for sale, or refusal to close the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and transaction and shall NOT apply to the item that is the subject of these sales. Use of this site is at your own risk, and content is presented “As Is”. Specific terms regarding lot descriptions, payment terms, shipping and delivery, insurance, and other important information are located on the page of each auction.

Bidding

Bidding is done in increments and will vary by item according to the current price. You are encouraged to bid the maximum amount you are willing to pay for the item (Maximum Bidding). Be aware that you may be outbid minutes or seconds before the close of the auction and may not have the opportunity to enter another bid.

You may not automatically receive a notification if another bidder outbids your maximum bid via email. You will need to monitor the auction activity to stay informed.

In the event of a tie, the earlier bid will be considered the winning bid. When bidding ends, all sales shall be considered final. All items are sold “as is”. There are no exchanges or refunds absent and express statements to the contrary expressed herein. A bid by any person shall be deemed conclusive proof that the bidder is familiar with the Terms and Conditions for DUAIV Online Auctions and Auction Rules and that the bidder agrees to be bound by them.

Every transmission over the Internet travels a different route and can be delayed by a variety of factors, including the bidder’s own computer. The time-lapse between submission of a bid and its registration can vary by several seconds. Bids are queued by DUAIV Auctions’ host computer in the order received. Bid positions are awarded on a first-come-first-served basis. Bids are time-stamped by the host computer with the time received. To be accepted, bids must be received by the host computer prior to closeout. In the event of malfunction by DUAIV Auctions’ host computer the auction process will be stopped. If the malfunction has not affected the sale of livestock or merchandise sold prior to the malfunction the items will be considered sold. Auction of remaining lots will be completed upon correction of the malfunction. Bidding will be open, with no bid positions awarded upon resumption of the auction. Any malfunction by the buyer’s computer or Internet service provider is not the responsibility of DUAIV Auctions.

As a Bidder, placing a bid is a binding contract between you and DUAIV Auctions, and the bid cannot be retracted unless due to fault by the Owner/Seller of a typographical error, or other error, due to human error on the Owner/Seller’s part. Once you place a bid, and if you win, you will be obligated to buy the item at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Seller of property sold through this web site reserves the right to reject any and all bids if they so choose.

As a Bidder, you are responsible for any bids placed by you or a designated representative under your bidding name and password. 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 number. If at any time you feel that your Bidder name and password have been compromised due to lack of security on your part you must notify DUAIV Auctions. immediately.

Bidders agree that when using the Maximum Bid feature on our web site they use it according to the specifications we have in place for that feature. Please note that when using the Maximum Bid feature, if you are the current high Bidder and you want to change your Maximum Bid, you will be required to place a new bid in the increment designated for that item in order to raise your Maximum Bid which may cause you to raise your last high bid by one bid increment. You, as a Bidder, understand and agree to how the Maximum Bid feature works if you choose to use it.

DUAIV AUCTIONS CLOSING FORMAT

WHEN TIME EXPIRES, ALL LOTS ARE DECLARED SOLD! ORIGINAL ENDING TIMES VARY – SEE EACH SPECIFIC AUCTION FOR DETAILS. EXTENDED BIDDING WILL CONTINUE UNTIL THERE IS NO BIDDING FOR THE ALLOTTED MINUTES. In the event of an auction continues past 11:30 PM EST DUAIV Auctions has the right to decrease the extended bidding time to 1 minute without advanced warning. We encourage bidders to use the maximum bid feature earlier in the day to avoid clock management issues in your bidding procedures.

With this option, all lots will close simultaneously. A few benefits to this style of auctions – Buyer has the CHOICE to switch to any lot in the offering if he is outbid on his current choice; the buyer does not have to deal with the “seller’s order” of sale because all lots are offered and bid on simultaneously, and the buyer has true choices and more time to make decisions.

You can always check the time remaining information that appears under each lot! REMEMBER TO CLICK ON REFRESH FOR UP-TO-DATE TIME REMAINING! For each auction, the extended bidding period varies based on the number of lots and the overall duration of the auction.


Bid Retractions

There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED. Once a bid is made and confirmed, it cannot be retracted. When a bid is made you disclose your intent and ability to buy the item at the bid price. A fraudulent bid may result in legal action. Any winning bidder who refuses to purchase the item may be banned from future auctions.

Despite efforts to avoid the withdrawal of items from the sale after they are listed it may sometimes be necessary, therefore, the DUAIV Auctions reserves the right to do so at any time before or during the sale.

 

Reserve Price

An auction item may have a reserve price. The reserve price is the lowest price at which an item will be sold. The reserve price is never disclosed to bidders, but a note may be displayed in the item information screen specifying a reserve price. When the reserve price has been met the screen may read “ Reserve Price Met”. The item will then be sold to the highest bidder at the conclusion of the auction. When an article is sold with reserve DUAIV Auctions may bid on the seller’s behalf in an amount not to exceed the reserve price.

If the reserve price is not met, the item will not be sold during that auction. DUAIV Auctions reserve the right to accept or reject any or all bids unless otherwise stated.

 

Limit of Liability

In no event shall DUAIV Auctions be liable for lost profits or any special, incidental, or consequential damages whatsoever arising, including negligence, arising out of or in connection with any sale.

DUAIV Auctions reserve the right to reject or void bids, whether winning or not, that DUAIV Auctions deem not to have been made in good faith, or that are restricted, prohibited or taxed due to local laws.

DUAIV Auctions is the one and only judge regarding the determination of winning bidders, are the single deciding authority if a dispute should arise, and accept no liability for any errors or omissions. DUAIV Auctions reserve the right to reopen bidding on any disputed bids or ties.

DUAIV Auctions reserve the right to postpone or cancel a sale without notice, if determined in our discretion that such action is appropriate.

DUAIV Auctions will neither have the liability nor obligation to the intended bidders as a result of any withdrawal, cancellation, or postponement of sale.

 

Ownership and Delivery

Ownership passes to the buyer at the end of the allotted bidding time for each lot. All risk of death, damage, or injury to each lot becomes the buyer’s risk upon the end of the allotted bidding time. Each buyer following his or her purchase will receive an Acknowledgment of Purchase via email outlining the details of the transaction including payment, settlement, and final terms.

 

Transportation

Any shipping/transportation arrangements are ultimately between the buyer and DUAIV Auctions. Winning bidders may choose to make transportation arrangements themselves, provided that all payment has been made in full and all terms and conditions are met. If questions contact the seller before placing any bids.

DUAIV Auctions is not affiliated with nor do they endorse any shipping companies and assume no responsibility for services provided by these companies.

 

Payments

Payment for purchases must be made payable to DUAIV. unless otherwise noted in the specific auction’s terms and conditions. The buyer must acknowledge and agree not to retract the purchase offer. All bids are in US Dollars; all settlements will be paid in US Dollars and are subject to Floridian tax.

*NOTE: FRAMES ARE NOT INCLUDED IN ANY OF OUR AUCTIONS CANNOT BE ADDED OR ORDERED AT THE TIME OF PAYMENT.
**NOTE: UNLIKE TRADITIONAL AUCTION HOUSES, THERE IS NO PREMIUM FEE CHARGED TO BUYER ON ANY OF OUR AUCTION ITEMS.

 

Accepted payment options

Accepted payment options include:

1) Credit/Debit Card (Some third-party transactional services may charge an additional convenience fee).

2) Paypal/Stripes Balance (An additional convenience fee might be charged by these platforms).

3) Wire Transfer. Contact DUAIV Auctions to obtain the necessary information.

Full payment must be received in 3 business days from the close of bidding on all auctions. Late fees are subject to a 10% finance charge after the fourth day. The bidder may be denied access to future auctions.

If payment has not been received and/or delivery arrangements not been agreed upon within 7 days post auction, DUAIV Auctions has the right to reclaim property and resell it in any manner deemed necessary. As the original purchaser, you will be responsible for paying any and all differences between the original sale price on auction day and the resale price.

 

Default of Purchase

If any person shall purchase a lot and fail to pay for it in the manner described above, DUAIV Auctions shall have, in addition to all of the legal rights, the right to resell the lot, or at seller’s option, bring an action for specific performance, in which event the defaulting buyer agrees to pay all costs of such suit, together will all reasonable attorney’s fees and costs. In the event of a resale, the defaulting buyer agrees to pay all costs of resale, plus any deficiency between the original purchase price and the total price upon resale. If the buyer brings a lawsuit toward DUAIV Auctions and does not prevail, the buyer will reimburse DUAIV Auctions for all reasonable legal fees and expenses connected with said suit.

 

Indemnification

Buyers and Sellers agree to indemnify and hold this auction site, its parents, subsidiaries, affiliates, and officers, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Buyers and Sellers use of the service, the violation of these terms of service by member, or the infringement by member, or other users of the service using member’s computer, of any intellectual property or other rights of any person or entity.

 

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

 

No Agency

You and DUAIV Auctions are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this agreement.

 

Arbitration

Any legal controversy or legal claim arising out of or relating to this agreement or our services, excluding legal action taken by DUAIV Auctions to collect our fees and/or recover damages for, or obtain an injunction relating to, DUAIV Auctions site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or DUAIV Auctions may seek interim or preliminary relief from a court of competent jurisdiction in the state of Florida necessary to protect the rights or property of you or DUAIV Auctions pending the completion of arbitration. Should either party file an action contrary to this provision the other party may recover reasonable attorney’s fees and costs.

 

General

This agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous or uninterrupted, or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this agreement held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

DUAIV Auctions may amend these terms and conditions at any time by posting the amended terms on our website. The amended terms shall automatically be effective 3 days after they are initially on our website. These terms and conditions were last revised on June 30th 2020.

 

Disclaimer

Any person bidding on items in this auction agrees to these terms and conditions and understands that, by bidding, they are entering into a binding contract between themselves and DUAIV Auctions and that they will be held financially responsible for their actions. This includes those people representing parties not present at the sale unless approval is received from DUAIV Auctions. Neither DUAIV Auctions as the owner or auctioneer or other affiliated personnel may be held responsible for any accidents that may occur.

 

Privacy Policy

You must submit personal information at the time of registration to bid on this auction site. We will never give or sell your information to any outside DUAIV Auctions. The information you provide us with will only be used by us, DUAIV Auctions, to maintain records for the auction sales and to aid us in providing service to you. This auction contains links to other sites. We are not responsible for the privacy practices or the content of other web sites.

 

Consent

By using our website, you are consenting to the collection and use of this information by DUAIV Auctions. We use email mailing lists to notify our customers about online and live auctions. If your email or other registration information changes please notify us immediately. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to us and we will promptly remove your name from our list.

 

Questions about the Terms and Conditions for DUAIV Online Auctions – User Agreement should be sent to us at artist@duaiv.us

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