1. USE OF SITE You may use the Site only in accordance with and subject to these Terms of Use. Once you complete and submit your registration you have opted-in to receive email communication from us and in order to remain a member of this Site, you must agree to receive email from us.
You must also authorize Birds Nest Auctions 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. 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 Birds Nest Auctions, 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 (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.
2. MEMBERSHIP ELIGIBILITY The Site is available to members who are 18 years and older and who have not been suspended or removed by Birds Nest Auctions 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 Birds Nest Auctions.
3. BUYER’S CONTRACT Bids placed on the Birds Nest Auctions website are a binding contract and you are responsible for paying all amounts due to Birds Nest Auctions including sale price, buyer's premium and all applicable taxes. 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. Any items won and not paid for within 24 hours of auction close are eligible for sale to under bidder(s). All sales are final. No returns, credits or exchanges.
4. ITEM DESCRIPTIONS All items are sold as-is, where-is. While Birds Nest Auctions will do its 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 Birds Nest Auctions sells are antique, vintage or used. You should expect signs of wear consistent with age. Birds Nest Auctions may offer preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing your bids. Condition reports may be available. All sales are final. No returns, credits or exchanges.
5. BUYER’S PREMIUM A buyer’s premium of 15% 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 Birds Nest Auctions within 24 hours of the auction end.
6. SALES TAX All sales are subject to appropriate sales tax laws. 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 Birds Nest Auctions, 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.
7. RETENTION OF CREDIT CARD INFORMATION By providing your credit card information to Birds Nest Auctions, you authorize Birds Nest Auctions 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 Birds Nest Auctions, 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.
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.
Birds Nest Auctions does not store your credit card information for security purposes.
8. 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 after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact Birds Nest Auctions within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made. These arrangements will be at the sole discretion of Birds Nest Auctions and will be subject to transport, labor and/or storage fees.
9. FORFEITURE OF ITEMS Any items not paid and / or not picked up during the specified pick up time in accordance with the Site’s Terms & Conditions will be forfeited by you. Birds Nest Auctions at its sole discretion will reoffer the items or donate them to a charity of Birds Nest Auctions choosing. Birds Nest Auctions 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 Birds Nest Auctions will be revoked unless past due invoices and any additional charges are paid in full.
10. 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 or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use 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 us in writing in advance . You may not copy, frameset, enclose or otherwise distribute any part of the Site.
A NOTE ABOUT EXTENDED BIDDING ("Soft Close") Birds Nest Auctions online auctions feature extended bidding (a.k.a. "soft close"). Is the closest way to mimic the actions of an auctioneer (in a live auction) in an online/automated format. During a live auction, the auctioneer gives bidders opportunities to increase their bids before hammering the winning bid (when there is no further interest in the lot). Our online, automated system will automatically extend the closing time of a lot (auction item) whenever a bid is placed within the last five minutes of its scheduled closing to allow other interested bidders an opportunity to increase their bid (if the wish to do so). This may occur multiple times on any given lot depending on bidder interest. Once all interest and bidding in a lot ceases, the clock will run out and the lot will close.
