| Our Role: Top Shop Auctions Inc. exists as an agent of the seller and a resource for the buyer. We provide an online auction environment that is intended to enable willing participants to buy and sell merchandise at their own discretion. We will strive at all times to provide accurate representations of all merchandise presented, but hold the seller solely responsible for any misrepresentations, omissions, or any acts deemed inappropriate in the selling process. We will strive at all times to find qualified buyers, but hold the buyer solely responsible for all transactions executed within or outside of our website. All participants are subject to any further guidelines described within this document. |
BINDING CONTRACT: By placing a bid and winning an item at the close of an auction you are agreeing to our terms and conditions and have entered into a legally binding contract. You are responsible for payment of the amount due within 24 hours of the auction closing unless other arrangements have been made.
THIS IS AN INTERNET ONLY AUCTION.
ITEMS SOLD: All items are sold “AS IS”. Please use PREVIEW DAY to verify condition of equipment. NO REFUNDS WILL BE GRANTED – PLEASE BID ACCORDINGLY
BUYER'S PREMIUM: A 15% buyer’s premium will be added to each purchase. If you bid $100.00 at checkout you will be charged $115.00.
SALES TAX: Appropriate Sales Tax will be collected for this auction.
Bidding closes the first 1 to 5 items per minute, depending on auction structure, starting at designated auction end time and then closes 3 to 5 items per minute thereafter to the last item in catalog order.
WAREHOUSE SHUTTLE & SHIPPING: We can prepare items for you to ship, so please make arrangements on auction pick up day. If you need additional days to pick up, let us know on pick up day and if we can accommodate, we will. If you are not able to make removal date we offer a shuttle back to our warehouse for a fee. If you are having items shipped, you will be assessed the shuttle fee back to our warehouse for shipping preparation. Our base shuttle fee is $50 per pallet space (our standard pallet space is 40” x 48”) with a $25 minimum. If any removal labor is involved outside of standard loading an additional charge will be applied to your invoice. If items are shuttled back to our warehouse storage guidelines still apply see details under “scheduled removal” paragraph.
NO refunds or chargeback's will be granted due to a lack of removal at the designated times, nor will they be granted due to buyer not reading the full description of the item.
PAYMENT: Accepted forms of payment: MasterCard, Visa, Discover, American Express, PayPal, Cash, Certified Check, Money Order, & Wire Transfer. We require payment within 24hrs of auction closing regardless of auction location or shuttle times.
If your purchase is less than $5.00 (and you are not requiring shipping) we require cash for your purchase, TopShopAuctions, Inc. will not run your credit card for less than $5.00. If your purchase is more than $2,000 and you choose to pay with your credit card a 3% fee will be assessed for the charge amount.
Registered bidders MUST have available funds on their credit cards to cover all items purchased. You must contact us by the end of pick-up day if you plan on using an alternate card. If your credit card declines you will be assessed a 2% fee for rerunning the card. After the catalog closes, you will be sent an email with a total of the items won.
SCHEDULED REMOVAL: AN INVOICE IS REQUIRED FOR REMOVAL OF PURCHASED EQUIPMENT - Removal is generally scheduled the day after an auction closes if the auction is located in one of our warehouses. If the auction is an “ONSITE” auction the removal is generally scheduled two days after the auction closes. Specific instructions will be included on each invoice. After the third business day following scheduled removal or arrival by transport to the nearest warehouse, each invoice will be assessed a $50 per business day, per invoice storage fee unless shipping and storage arrangements are made prior to purchasing. No Items will be allowed to stay in our facilities longer than 7 days (NO EXCEPTIONS) due to limited space and potential for items to be lost or damaged. Items will be considered abandoned after 7 days and will become the property of TopShopAuctions, INC. at the bidder’s expense. For “ONSITE” location pick-up there will be a minimum $25.00 transport fee for any items that are not picked-up on the scheduled day, if contact is not made by 2:00 you’re invoice will be assessed a transport fee and you’re items will be loaded on the truck. TopShopAuctions, INC. assumes no liability for lost or damaged property that has not been picked-up by scheduled removal date or items that have been shuttled.
REQUIRED INFORMATION: TopShopAuctions, Inc. requires each bidder to include the following in their profile: a valid credit card number, a valid phone number, the correct billing address for the credit card provided (the credit card will decline if the address on file does not match the credit card), and a valid email address. If your credit card declines a 2% fee will be assessed to rerun the credit card. If your credit card declines your bidder number will be turned off. If your phone number is not valid your bidder number will be turned off. TopShopAuctions, Inc. does not tolerate falsifying information in order to bid at will. Your bidder number will be deleted immediately if we discover a bidder is bidding under false information and legal action will be taken.
INCREASING YOUR OWN BID/BIDDING ERRORS: Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a typo you must immediately contact our office by email use the contact sheet on our website (we must have your request in writing). If the error is made after hours contact Jay @ 618-604-2970, however we still must have the request in writing. We will not reverse bids after the auction has closed ABSOLUTELY ZERO exceptions.
STAGGERED CLOSING: This online auction closes 3 items per minute. This feature will close the bidding on intervals. This feature works great with the auto-extend feature to closely emulate a 'LIVE' auction.
(Example: If an auction ends at 8:00pm and closes 3 items per minute at 8:00pm items 1-3 will be final. At 8:01pm items 4-6 will be final. At 8:02 items 7-9 and so on.) In the event a bid is placed before item ends Dynamic closing will take effect.
DYNAMIC CLOSING: The closing time of an item is automatically extended an additional 3 minutes whenever a bid is placed within the last 3 minutes of the item's closing time.
BID NOTIFICATION: If you have been outbid you will be notified by email UNTIL midnight the night before the auction closes --- Notices will not be sent the last 20 hours of the auction.
To quickly review your bids and see if you have won you can utilize the 'REVIEW BIDS' feature. Items that you have been outbid on will be clearly marked.
WINNING BIDDER NOTIFICATION: You will be contacted by email with your invoice if you win an item. This will be an automatically generated email invoice (you are responsible for checking your email).
If you feel you have won an item and have not received an email you must notify us by email no later than 1 hour before the scheduled pickup/removal date and time. If you do not receive an email invoice then you did not win any items in the online auction.
In the event an item is not available for pickup, the buyer must notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, Top Shop Auctions and buyer agrees that no adjustment or refund will be made.
IMPORTANT TAX EXEMPT STATUS: If you have a resale tax exempt number you must email or fax a copy of your states tax exempt form to firstname.lastname@example.org or 618-523-4293 prior to the conclusion of the online auction. We cannot legally accept “SALES and USE” Tax exempt forms (this form is for food not equipment). (You must include your bidder number and the closing date of the auction). Forms without this information will not be accepted and you will have to apply to the state for a refund. If you have any questions refer to the CONTACT US page.
CAUTION: For demonstration purposes, several pieces of equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the item numbers and carefully read the descriptions prior to placing bids.
CATALOG INACCURACIES: You are bidding on the described item NOT THE PHOTO. Rarely the wrong photo may be displayed. Always read the item's entire description.
WARRANTY & CONDITION OF ITEMS SOLD: All auctioned items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. Descriptions are believed to be accurate but not guaranteed. When in doubt or are not clear of the condition or use of an item please bid accordingly – NO REFUNDS WILL BE GRANTED, DUE TO LACK OF INSPECTION ON YOUR PART. When possible, auctions will have a preview day – please use this day to inspect the condition of the items. Again, you are bidding on the described item NOT the photo. Bidders are responsible for their own removal of any and all items purchased; please bring all appropriate tools and people needed to remove your items. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. No items will be released without a paid email receipt. NO EXCEPTIONS; Top Shop Auctions INC. is not liable nor responsible for any bodily injuries, death to any persons or any damages to property when removing or transporting any items.
BIDDING ERRORS: If you mistakenly bid on the wrong lot, we will not remove the current winning bid, however we will remove the max bid.
IMPORTANT! Top Shop Auctions INC. will have the options of reselling, removing, storing or abandoning, at the expense and risk of the purchaser, items not paid for and/or not removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection, transportation, and storage expenses associated with delinquent accounts or abandoned items.
We want everyone to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about item condition, completeness or suitability for intended use, please bid accordingly. We will not refund for any reason, please review your bids before you hit submit.
TopShopAuctions, INC. reserves the right to add or remove items from any auction. Split or combine lots. Add reserve prices or minimum bids. Suspend, cancel, reschedule or extend an individual item and/or auction event. Top Shop Auctions INC. reserves the right to make changes to the auction closing times, inspection, or removal times. Top Shop Auctions INC. reserves the right to update or change the terms and conditions before any individual auction is open for bidding. Top Shop Auctions, INC. is disclosing that we do allow seller bidding for the sake of item reserves. The seller is allowed to bid on his/her items until they meet his/her reserve price or until they purchase the item back. All of Top Shop Auctions, Inc. sales are deemed reserve auctions unless otherwise posted “absolute”. With permission from the “seller or consignor” the auctioneer and staff retain the right to bid on auction items at his own sales. Please read terms before bidding on each auction.
Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by Small Claims Court, State Court or Arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Clinton County, IL.
SELLER'S LIABILITY: TopShopAuctions and Sellers liability shall be limited to the refund of bidders purchase price and any taxes collected.
LIMITATIONS: The above-stated Conditions of Sale cannot be altered except in writing by TopShopAuctions Inc.