AuctionNinja Marketplace Terms of Use & Conditions

Welcome to AuctionNinja. This agreement describes the terms and conditions by which AuctionNinja offers you, “the User,” access to AuctionNinja’s services. Herein after the term, “you,” shall mean the User whether a Buyer or Seller (Vendor and/or Auction House). By using the services on the AuctionNinja website (the “Site”), you are agreeing to the following terms (collectively, the "User Agreement") with AuctionNinja, Inc., the Owner and Operator of the Site. If you have any questions, please use the Contact AuctionNinja form to send AuctionNinja your question to the appropriate party.

Should you decide to use the services and features of the Site and become a member of the AuctionNinja community, you must read, understand and accept the terms and conditions of this User Agreement, as well as the AuctionNinja PRIVACY POLICY (collectively, the “Agreement”) in their entirety as written and unchanged. Be informed that AuctionNinja, Inc. reserves the right to modify and amend the Agreement at any time in AuctionNinja’s sole discretion by posting the modified and amended terms on the Site. Except as otherwise and specifically stated, all modified and amended terms will be immediately effective upon their posting on the Site. You are responsible for regularly accessing and reviewing the Agreement since any applicable modifications and amendments may be posted without notice to you. You agree that AuctionNinja is not obligated to notify you at any time of any modifications or amendments to the Agreement. Your continued use of the Site after any AuctionNinja’ posting of modifications and amendments to the Agreement constitutes your acceptance of such Agreement changes. If you do not accept any modifications and amendments to the Agreement, do not continue to access the Site and use its services and features.

Use of the Site’s services and features are strictly limited to those who are at least 18 years old in age and can form legally binding contracts under applicable law. Further, services and features of the Site are not available to temporarily or indefinitely suspended AuctionNinja members. If you do not meet these requirements, do not use the Site’s services and features.

1. USE OF SITE

AuctionNinja is an online venue for Sellers to post auctions containing items for sale, and Buyers to browse these listings and opt to bid on and buy these items. AuctionNinja facilitates the selling and buying of items, but is not involved in the actual transactions between Sellers and Buyers. As such, AuctionNinja has no control over the authenticity, quality, safety and legality of the items; the accuracy and truth of the item descriptions; and the abilities and capabilities of the Sellers and Buyers to sell and buy items. AuctionNinja cannot ensure that the Seller or Buyer will satisfactorily complete a transaction.

You may use the Site only in accordance with and subject to these Terms of Use and Conditions. Once you complete and submit your registration you have opted-in to receive email communication from AuctionNinja and in order to remain a member of this Site, you must agree to receive email from AuctionNinja.

You must also authorize AuctionNinja to charge the credit or debit card you have entered on this site for the hammer price of an item which you were the high bidder plus the buyer's premium and all applicable sales tax. (Note: buyer’s premiums may vary from one SELLER to another. Please review the terms of sale for each SELLER before bidding.)  Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated.

To initiate your ability to bid with AuctionNinja, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days depending on your card’s issuing bank (American Express & Discover may take longer).

Periodically, AuctionNinja may perform re-authorizations on your credit card to ensure that your card is still valid or in “good standing.” Hereto, a $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days depending on your card’s issuing bank (American Express & Discover may take longer).

You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline. There are no options for payments by cash or check on AuctionNinja. 

2. MEMBERSHIP ELIGIBILITY

The Site is available to members who are 18 years and older and who have not been suspended or removed by AuctionNinja for any reason. By becoming a member you represent that you are of legal age. As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site's registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with AuctionNinja.

User Ban Policy: Users who violate AuctionNinja’s policy may be banned from the AuctionNinja site for a period of time, or indefinitely and permanently, depending on the severity and nature of the violation. Furthermore, Users who violate AuctionNinja’s policy may also be subject to other penalties, fines and/or punishment imposed by regulatory and enforcement agency(ies) in accordance with applicable law.

3. BUYER'S CONTRACT 

Bids placed on the AuctionNinja website are a binding contract and you are responsible for paying all amounts due to AuctionNinja including sale price, buyer's premium and all applicable taxes (rules for applicable taxes vary by state). Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event. All sales are final. No returns, credits or exchanges.

4. SELLER’S CONTRACT

This Terms of Use and Conditions works in conjunction with the Seller’s Subscription Agreement, also known as the Software-as-a-Service Agreement. The Terms of Use and Conditions does not in any way terminate, supercede, nor replace the Seller’s Subscription Agreement signed by the Seller. In order to sell on the Site, AuctionNinja Sellers must agree to the all of the following: Terms of Use and Conditions, Privacy Policy, and Subscription Agreement.

5. ITEM DESCRIPTIONS

All items are sold as-is, where-is. While AuctionNinja Sellers are expected to do their best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most of the items sold by Sellers on the AuctionNinja platform are antique, vintage or used. You should expect signs of wear consistent with age. AuctionNinja Sellers often offer preview inspections for the sole purpose of allowing Buyers the opportunity for personal inspection before placing bids, but are not required to do so. Condition reports may also be available, depending on the Seller. If you have any doubts or questions about any lots being offered by Sellers, be sure to reach out directly to the AuctionNinja Seller BEFORE bidding. Seller contact information may be found on the individual auction landing page. All sales are final. No returns, credits or exchanges.

6. BUYER'S PREMIUM

A buyer's premium (typically 18%, but may vary from one Seller to another) will be added to the hammer price in all auctions and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with AuctionNinja within 24 hours of the auction end. Please review the terms of sale for each Seller before bidding. 

7. SALES TAX

All sales are subject to appropriate sales tax laws in the states where the sale is being held. Tax exempt Buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon receipt of such information by AuctionNinja, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and address must be the same as your resale certificate.

8. NO BID RETRACTION OR MODIFICATION; NO AUCTIONNINJA INVOLVEMENT

Buyers must be very careful in placing bids, as once their amount is entered, it is NOT retractable. Buyers may increase their maximum bids at anytime. Any subsequent coordination for adjustment, cancellation, refund, etc. needs to be done directly between the Seller and Buyer, independent, separate and without involvement of AuctionNinja. AuctionNinja is NOT responsible for—and, will NOT perform—any corrective actions or adjustments. 

By entering a bid amount in an auction and clicking on “Submit Bid,” the Buyer commits to buying the listed item from the Seller if they end up becoming the winning bidder. Furthermore, AuctionNinja does NOT offer any sort or type of Buyer or Seller protection plans, programs, warranties and/or guarantees. AuctionNinja also does NOT offer any sort or type of price matching or best price programs and/or guarantees.

9. RETENTION OF CREDIT CARD INFORMATION

By providing your credit card information to AuctionNinja, you authorize AuctionNinja to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes. Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated. To initiate your ability to bid with AuctionNinja, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days, depending on your card’s issuing bank (American Express & Discover may take longer).

You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline. 

All credit card information entered on AuctionNinja is encrypted and processed by a reputable third party processor.  AuctionNinja does not store your credit card information for security purposes which is held by reputable third party processors.

AuctionNinja’s automatic debit system prohibits new card details to be retroactively applied to prior purchases. It is the sole responsibility of the user to ensure that their credit card on file is current and accurate. If your card is declined for any reason (i.e., expired, new card issued, lack of funds, etc.), you are responsible for contacting the Seller directly to render payment directly to the Seller and then update your card on AuctionNinja for future purchases. 

UPDATING YOUR CARD:  Buyers may update their credit cards at any time. Simply:

  1. Log in using your USER NAME and PASSWORD

  2. Click on “My Dashboard,” 

  3. Click on “Account

  4. Click on “Manage Payment Options.”  

  5. Click “+ Add credit/debit card” (appearing in red next to the page header)

10. PICK-UP & SHIPPING

PICK-UP
Successful Buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. If you have any doubts about your ability to pick-up your auction winnings and the designated sale location during the designated times, DO NOT BID.

If after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact the individual AuctionNinja Seller within 24 hours prior of the scheduled pick-up date and the Seller will determine if alternate arrangements can be made. Arrangements will be at the sole discretion of the AuctionNinja Seller and may be subject to additional transport, labor and/or storage fees — payable directly to the Seller.

SHIPPING
AuctionNinja is strictly a venue to facilitate successful transactions between Site Users (Buyers and Sellers), and currently does NOT provide any direct or physical shipping/delivery capability for Users. Buyers are strongly urged to completely read through and fully understand the Seller’s shipping/delivery policy and/or terms of sale stated within the auction listing description, and contact the Seller directly for any further clarity and confirmation if anything is uncertain, ambiguous or unclear.

As a Seller, you are entirely responsible that the Buyer successfully and satisfactorily receives what they pay for. Each Seller is strongly recommended to develop and explicitly describe their shipping/delivery/distribution/pick-up policy on each and every one of their listings, along with available shipping/delivery carriers, options and service with associated costs, if applicable. 

11. FORFEITURE OF ITEMS

Any items not paid and / or not picked up during the specified pick up time in accordance with the Seller’s Terms of Sale will be forfeited by the Buyer. AuctionNinja Sellers, at their sole discretion, may re-offer the items or donate them to a charity of the Seller’s choosing. AuctionNinja reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your membership with AuctionNinja will be revoked unless past due invoices and any additional charges are paid in full.

12. PROHIBITED USE

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adept, edit or create derivative works from content (including imagery) or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use and Conditions is prohibited. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify AuctionNinja in writing in advance. You may not copy, frame-set, enclose or otherwise distribute any part of the Site.

13. LIMITATION OF LIABILITY, RELEASE & INDEMNITY

You will not hold AuctionNinja responsible for the actions or inactions of site Users, contents of their listings, items they list, nor their destruction of alleged fake and counterfeit items. You acknowledge that AuctionNinja is not a traditional “auctioneer” or “auction house.” Instead, AuctionNinja is just a venue or bidding platform, which allows Sellers and Buyers the convenience to offer, sell, and buy practically anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as, online auctions and online store formats. AuctionNinja is not involved in the actual transaction between site Users—the Buyers and the Sellers.

AuctionNinja has no control over and does NOT guarantee the quality, safety or legality of items advertised, the truth or accuracy of Users’ content or listings, the ability of the Sellers to sell items, the ability of the Buyers to pay for items, or that the Buyer or the Seller will actually complete a transaction.

AuctionNinja does NOT transfer legal ownership of items from the Seller to the Buyer. Uniform Commercial Code (UCC) § 2-401(2) applies to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller agree otherwise. Accordingly, to the extent legally permitted, AuctionNinja excludes all implied warranties, terms and conditions. AuctionNinja is NOT liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use AuctionNinja’s Site, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if AuctionNinja is found to be liable, AuctionNinja’s liability to you or to any third party is limited to a maximum of the total fee, if any, paid to AuctionNinja only by you for the specific transaction(s) involved with the Buyer and the Seller. AuctionNinja is NOT responsible for any other costs, such as; but, not limited to, shipping, restocking, legal or indirect fees involved in and/or resulting from the specific transaction(s).

14. PRIVACY AND NO AGENCY

Refer to AuctionNinja’s PRIVACY POLICY.


BY USING THE AUCTIONNINJA SITE, YOU AGREE THAT YOU: 

  1. HAVE READ AUCTIONNINJA’S (A) TERMS OF USE AND CONDITIONS AND (B) THE PRIVACY POLICY

  2. FULLY AND COMPLETELY UNDERSTAND AUCTIONNINJA’S (A) TERMS OF USE AND CONDITIONS AND (B) THE PRIVACY POLICY

  3. WHOLLY AND ENTIRELY AGREE WITH AND ACCEPT AUCTIONNINJA’S (A) TERMS OF USE AND CONDITIONS AND (B) THE PRIVACY POLICY.

 

Rev. 011519