auction terms

All registration information the Bidder provides to Auctioneer (PatioHQ) shall be current, complete, and accurate. Bidders must be 18 years of age or 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.

All sales are subject to appropriate state Sales Tax laws.

Despite efforts to avoid the withdrawal of item/lots from the sale after they are listed it may sometimes be necessary. Auctioneer reserve the right to do so at any time before or during the sale. The Auctioneer of property sold through this Site reserve the right to reject any and all bids in their sole discretion. If there is a reserve on a lot, the auctioneer has the right to bid on behalf of the seller.

Online bidders are required to provide a valid credit card in order to be approved to bid.  This card will not automatically be charged without your written authorization, unless you fail to respond to our requests for payment.  We reserve the right to charge your credit card for your purchases in the event of non-payment.

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

Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Auctioneer 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 Buyers, 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.

This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer 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. Auctioneer reserves the right to terminate Bidder’s registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.

Auctioneer cannot, and will not, 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. The Auctioneer, 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.

Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions only. Auctioneer does not, and will not, sell or rent this information.

Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list.

As a Bidder, placing a bid is a binding contract between you and the Owner/Seller/Auctioneer 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. Placing a bid on this Site, and winning, then not paying for the product could be illegal, and prosecution can result.

The Owner/Sellers/Auctioneer of property sold through this Site reserve the right to reject any and all bids, in their sole discretion. Only the laws of the State of Illinois shall apply and shall govern all actions accordingly. Buyer agrees to abide by all such Illinois laws.

As a Bidder you are responsible for any bids placed under your bidding number 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 number and password have been compromised due to lack of security on your part you must notify Auctioneer 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. 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/lot 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, agree to only use this feature if you understand how the Maximum Bid feature works.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without Auctioneers prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of the Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Access and use of any online auction site of PatioHQ. (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. All auction photos appearing on this site are owned by PatioHQ and not for use without express written permission. BY ACCESSING THIS SITE, YOU, THE BIDDER, 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.

Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidder’s 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, the Bidder, agree in advance to accept all rules, terms, and conditions, and any such possible changes thereto.

You, the Bidder will be suspended or permanently banned from the Site if you, the Bidder, provides false information when registering, such as a false name or fraudulent contact information. You, the Bidder, will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Furthermore, if you do not honor your auction bid, legal action may be taken against you. PatioHQ (hereinafter “Auctioneer”) use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you, the Bidder, is strictly prohibited.

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 Illinois applicable to contracts entered into and to be performed entirely within the State of Illinois. Any legal action will be heard and determined in a court of the auctioneers choosing in Illinois. 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. Auctioneer’s 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.