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Conditions of Sale

OtherPeoplesStuffOnlineAuctions.com 

Bidder Terms and Conditions

Online terms and conditions are in addition to any general onsite auction terms and conditions

Bidder and OPSOnlineAuctions.com here in after known as OPSOA ( the auctioneer) agree that the terms listed below shall govern each online auction sale. 

This auction will be conducted within the framework of the rules listed below plus and other provisions that may be added by OPSOA via e-mail or as posted on OPSOnlineAuctions.com.  

 Access and use of any online auction site of OPSOA  (collectively the “Site”) is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. 

BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. 

Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. OPSOA  reserves the right to periodically change the terms and conditions of the User Site Agreement without notice and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes. 

The registration information the Bidder provides to  OPSOA shall be current, complete, and accurate. By registering to bid on this site you agree that you: are 18 years of age or older, must not have been previously suspended or removed from the site, will not directly or indirectly manipulate pricing of any item or interfere with seller’s offerings, or manipulate our fee or sales structure, our billing process, circumvent any fees owed to OPSOA, or technical operations we use to provide the site or services,  fail to deliver payment for items you purchase, including associated fees and costs, or transfer your registration to a 3rd party. You will not create alias registrations, or use the personal information of others, conduct fraudulent activities, infringe copyright, trademark, patent, publicity, moral database and or intellectual property rights, that belong to or are licensed by OPSOA. Infringe any Intellectual Property rights that belong to third parties affected by your use of the services, harvest information about users without their consent or bid on any items that may be sold only to persons at least 21 years old if you’re under 21 years old. You will not use any robot, spider, scraper, data mining tools, data gathering and extraction tools automated means to access or use the site or services. 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. 

To bid on this site  you must provide valid payment information stored in bidder profile. By providing your credit card information to OPSOA, you irrevocably authorize OPSOA to charge your credit card to satisfy the winning bid amount as well as any fees associated with the sale of the item, including but not limited to taxes, shipping and handling fees, restocking fees, auctioneer’s percentage, as applicable. Monies will be automatically released in accordance with standard credit authorization & deposit procedures. 

Auctioneer’s Percentage: Auctioneer shall charge and collect from each successful bidder a Fifteen Percent Auction Fee for each item, in addition to the final high bid amount. This fee is subject to change without notice. If any change it  will be noted in the final invoice.

Payment Forms Accepted- Invoices under one thousand dollars ($1,000) of items that are shipped must be paid with a valid credit card. Winning bid item purchases over $1000 will require payment by Cashier’s Check, ACH or wire transfer at the buyers expense within 24 hours of the close of auction. The buyer is responsible for payment of any fees related to methods of payment by their financial institution. Contact us here with questions about payment. service@estatemaxopsauctions.com

OPSOnlineAuctions.com is a listing information and auction website bringing buyers to sellers.

OPSOA  is not a broker or dealer and does not hold or possess title for any item listed for sale on this auction service. OPSOA does not buy, sell or barter, or negotiate the sale of any item listed in our service.

BIDDERS OBLIGATIONS: As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid.  It is your responsibility to thoroughly read the item description prior to bidding. 

  • Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. Re-Flea LLC undertakes the execution of online bidding as a convenience for clients and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids.. You acknowledge that you are responsible for paying all amounts due to OPSOA at the end of auction. Any cancellation or change of a bid by OPSOA may result in a previous bid becoming the highest current bid that might become the winning bid at the end of the auction. 
  • As a Bidder you are responsible for any bids placed under your registration 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 user name. If at any time you feel that your user name and password have been compromised due to lack of security on your part you must notify OPSOA  immediately. 
  • Bidder agrees that when using the Maximum Bid feature on the Site, you use it according to the specifications Auctioneer has in place for that feature. You, as a Bidder, agree to only use this feature if you understand how the Maximum Bid feature works.
  • Shill Bidding: You understand what Shill bidding is and warrant that you will not engage in it, nor ask any other person to bid on tan item with the intent to artificially increase it’s price or desirability. Any result of Shill Bidding will be the Bidder’s legal liability and you will be held responsible for any damages.
  • Absentee bidding is not allowed. All bids have to be placed through the Site. All sales are conducted without reserve by the Seller, unless stated in the item listing.

Extension and Close of Internet Bidding- At the scheduled date and online sale closing period, items will start to close at a predetermined number of items each minute. All items may be subject to automatic extension system defined as follows: If an item receives a bid with under five minutes remaining until bid closing, the close will be reset to five minutes from the time the bid is placed and will continue to reset with each new bid place by five minutes. The item won’t close until five minutes have gone by with no bid activity. 

Bid Completion-End of Auction: Successful bidders will be electronically notified at the end of auction and full payment of the purchase price plus taxes, shipping, if applicable, and auctioneer’s percentage is charged to your credit card immediately at the close of auction. Collection of applicable taxes will be in accordance with the laws of the state where the purchased asset is located. 

Transfer of Title: OPSOA does not transfer legal ownership of any item purchased on OPSOA. The seller transfers ownership to the Buyer. Uniform Commercial Code 2-401(2) applies to the transfer of ownership between Buyer and seller, unless Buyer and Seller agree otherwise.

OPSOnlineAuctions.com is a listing information and auction website bringing buyers to sellers for the purpose of selling pre-owned personal property.  OPSOA  is providing services as an independent contractor for the Owner/Seller only and is not responsible for statements made by other parties.

OPSOnlineAuctions.com is not a broker or dealer and does not hold or possess title for any item listed for sale on this auction service. OPSOA does not buy, sell or barter, or negotiate the sale of any item listed in our service.

OPSOA  has very limited control over the item/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product.  OPSOA is not responsible for the actions the Owner/Sellers and Buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. 

DISCLAIMER:

The descriptions of item/lots appearing in the auction and in advertising prior to the auction are believed to be correct. However, most items listed are pre-owned and are sold “AS-IS”. We make every attempt to accurately describe all items in their listings but we will not list every minor flaw of each item. Obvious flaws will be described such as scratches, soiling, chips, obvious damage. And since we are not professional conservators or restorers, we strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size, as applicable to specific auctions. Neither those descriptions, photographs, nor any oral statements made by Owner/Seller or OPSOA concerning any item/lot shall be construed as a warranty either express or implied. ITEM/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS.

PHOTOGRAPHIC INSPECTION OF GOODS: OPSOA provides high quality digital image(s) of every item at auction, photographed on-site under a combination of light sources, for viewing. These images are NEVER digitally altered, touched up, manipulated in any way and are loaded into the auction platform “AS-IS”. Digital images stand as final visual descriptions of each item.  

LIVE INSPECTION OF GOODS: On some Auctions, noted in the header of that auction, On Site Pre-View Inspections of Items will be Available. In these cases, the Bidder acknowledges that all item/lots were available for inspection prior to the auction and, by these terms, OPSOA and Owner/Seller Bidder relied solely on personal inspection and not on information listed on the Site or otherwise provided by Auctioneer or Owner/Seller. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer or Owner/Seller. Condition Reports. Any statement made by OPSOA, or its employees is merely a subjective qualified opinion, NOT-WITHSTANDING WRITTEN REPORTS OR ANY DISCUSSION CONCERNING CONDITION IN THIS CATALOGUE. 

LIMITED LIABILITY: Release: Consequential Damages Waiver- OPOSA and it’s affiliates, respective officers, employees, agents, successors and assigns will have no liability to you for any consequential, indirect, incidental, exemplary, special or punitive damages or other pecuniary damages, including without limitation lost profits, lorss or corruption of data, loss of use, costs to procure substitute goods or services, or other similar damages, whether in contract, tort or otherwise, and whether or not OPSOA has been advised of such damages or if they were reasonably foreseeable. 

Direct Damages Limitation-To the maximum extent law permits, OPSOA’s total aggregate liability to you for all claims shall be limited to, not to exceed, the greater of a) total fees you paid to us in 2 months prior to the action giving rise to the liability and b) $50.

PICKUP & REMOVAL OF MERCHANDISE: Many auctions and items will have a designated time and location for pickup.   Merchandise becomes the full responsibility of Buyer at time of PAYMENT, and Buyer assumes all risk of loss and damage to property until removed from sale premises. Pickup and removal is at the buyer’s liability.The buyer must provide their own labor, tools and transportation, and expertise to disassemble and remove all purchases from the premises. ID must be provided that matches the User Registration and receipt of payment from OPSOA , must be provided at the time of pick up to allow removal form the sale premises. Re-Flea LLC will not be held liable for any damages the buyer causes to the property of the seller, to the buyer, to others, or their property through their  removal of items, loading or transport of items.

The date by which all merchandise must be removed from the premises is posted on an auction-by-auction basis, on the specific auction page. After the final removal date, there will be a $25.00 per day, per item/lot Storage and Handling fee charged to the Buyer. If merchandise is not removed on the final removal date, the merchandise will re-listed on subsequent auction, or donated on the behalf of the Seller, at the discretion of OPSOA. 

Shipping is determined on an item by item or auction by auction basis. This option is clearly stated in each item description. 3rd party shipping agencies provide packing, handling and delivery. The shipping cost will be added to the item at the end of the auction, based on ship to location, size, weight. Insurance will not be added over and above standard insurance coverage provided by the shipping method.

Merchandise return/refunds: OPSOA may accept returns in the case of errors in the item description made by us or, the seller, as we determine in its final discretion. Return claims must be submitted for review by the Buyer within 3 days of delivery or taking possession. Contact customer service here: service@opsonlineauctions.com. OPSOA  has final discretion on accepting or rejecting a return under this policy. 

 Jewelry Items: Notwithstanding any terms of the Conditions of Sale, if within 5 working days of the sale, (1) OPSOA has received notice in writing from buyer of any jewelry that the jewelry is “not as described” as to the physical qualities of the jewelry and (2) such description is confirmed by a certified letter from an appraiser satisfactory to Re-flea LLC, then OPSOA will set aside the sale and refund to the buyer the amount paid by the buyer for the lot. 

"Physical qualities of the jewelry" is limited to descriptions of karat (the quality of gold), weight of metal, type of stone or metal, carat (weight of stone), and cut of stone. The above provisions allowing return and refund will not be applicable upon evidence of any physical removal or tampering.

Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary.  OPSOA  and the Owner/Seller reserve the right to do so at any time before or during the sale.

OPSOA  reserves the right to resell any property not paid for in full within 3 days of the online auction item/lot's closing date. Failure to pay for item/lots won on this online auction will result in forfeiture of your right to participate in any future auctions. The Owner/Sellers of property sold through this web site reserve the right to reject any and all bids, if they so choose. 

The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, OPSOA  reserves the right to reopen bidding. OPSOA designation of the Buyer shall be final. 

Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Owner/Seller and OPSOA  and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder. 

The Site User Agreement constitutes the final expression of the parties’ agreement and a complete and exclusive statement of the terms of 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 sale and transaction and shall NOT apply to the merchandise that is the subject of these sales.This Site User Agreement constitutes a binding agreement between Bidder and OPSOA until terminated by OPSOA  , which OPSOA  may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder's only recourse is to immediately discontinue use of the auction Site. OPSOA reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidders access to, or use of, part or the entire Site without notice or penalty. 

OPSOA can’t and won’t be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning.Re-Flea LLC, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item/lots that were affected by any malfunction. The decision of the Auctioneer is final. 

OPSOA  gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions and promoting EstateMAX On-Site Estate Sales through our proprietary website, email and OPSOA auction portal. OPSOA does not sell or rent this information. 

OPSOA  uses email mailing lists to notify its customers about online and live  tag sales and auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply click on the Unsubscribe link.

ARBITRATION

Any controversy or claim arising out of or relating to this Site User Agreement 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 Frederick, MD and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Frederick County MD, a necessary to protect the rights or property of Re-Flea LLC pending the completion of arbitration. You and OPSOA are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement

No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site. 

The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Maryland,  applicable to contracts entered into and to be performed entirely within the State of Maryland. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. OPSOA  failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. 

 

Your use of this auction site marks your acceptance in full of these Terms and Conditions.

256 South Carroll Street Frederick MD 21701 301-332-5585 Copyright © 2018 Re-Flea LLC

service@opsonlineauctions.com