Terms and Conditions

Last updated: January, 2021

 

"All sales are final. No returns, credits, refunds, cancellations, or exchanges."

 

Welcome to BidNextDoor, an online venue connecting Sale Partners (sellers) and Bidders. By using this Service, You agree to be bound by the Terms of Use (these Terms & Conditions (“Terms”), the Sale Partner Saas Agreement, and Our Privacy Policy, collectively).

Please read the Terms & Conditions carefully as it outlines the ways in which use of the Service can form legally binding contracts and obligations under applicable law. Your acceptance of the Terms of Use is effective as of the date of your Account creation. Click Here to see Interpretations and Definitions for the Terms of Use, including these Terms & Conditions.

Valid Users

By accessing and/or using the Service, You confirm that You are at least 18 years of age, and are additionally able and legally qualified to enter into and form legally binding contracts under applicable law. If using the Service on behalf of a company or other business entity, You confirm that You are authorized to act and enter into legally binding contracts on behalf of said company. Users who have previously been suspended by BidNextDoor are prohibited from accessing and/or using the Website and/or Service. Users may be suspended with or without notice as a result of breaching the Terms of Use.


Use of Site

Information & Privacy Use of the Service requires an Account, which requires the Company’s collection of certain personal information. Our Privacy Policy is posted here.

Service BidNextDoor connects Sale Partners, who list Merchandise for sale in the form of auction Lots, with Bidders, who can browse and choose to bid on the Lots. Both Sale Partners and Bidders are bound by the Terms of Use. BidNextDoor is merely a venue facilitating the selling and buying of Merchandise, but the actual transaction(s) or sales contract(s) for Items listed on the Website is solely between the Sale Partner and Bidder. BidNextDoor has no control over the Items listed, the way they are photographed or described, or the accuracy of said photographs or descriptions, nor is BidNextDoor able to control or be responsible for a Sale Partner or Bidder’s failure to satisfactorily complete a transaction or abide by the Terms of Use.

Access to Service After creating an Account and before having access to full use of the Service, You will be required to provide a valid debit or credit card, which You authorize You are the holder of. By providing Your card information, You authorize BidNextDoor to initiate a $1.00 pre-authorization transaction, which will appear on your statement but will drop (usually within 5-7 days); this is not a charge or fee owed but rather a pre-authorization performed to verify Your provided information. Use of the Service is free and payment is only ever required when a Bidder places the highest bid on a Lot and becomes the Winner of that Lot. However, You must maintain valid payment details on Your account in order to retain access to the Service.

Bidding When a Bidder places a bid on a Lot, the Bidder is entering a binding contract, committing to pay for and collect the Item(s) should they end up being the Winner. All bids can be canceled or retracted until 12 hours before the lot closes, after this time bids cannot be modified, retracted, or cancelled, nor can BidNextDoor intervene to manually modify, retract, or cancel a bid. You are responsible to pay for and pick up all Item(s) won. Please do not bid if you are in any way unable to pay for and take possession of said Item(s), following these Terms of Use and the specific pickup terms provided by the Sale Partner. All sales are final. No returns, credits, refunds, cancellations, or exchanges.

Soft Close All auctions posted on bidnextdoor.com follow a timed format; wherein when the countdown timer for a particular lot expires the highestbidder becomes the winner of that lot. If a bid is placed within a few minutes of the expiry time of a lot, that lots expiry time shall be extended by an additional few minutes. This is done to ensure transparency and fairness of bidding and enable the highest bidder to win.

Payment By creating an account providing Your credit or debit card information, You authorize BidNextDoor to charge Your card if You are the Winner of any lot(s). Winners will be notified of their winning bids by email and the card currently provided on their Account will be automatically charged in the amount equal to (a) the hammer price (winning bid amount) of each won Lot(s) plus (b) a 18% buyer’s premium (a charge based on a percentage of the total hammer price) plus (c) all applicable sales tax (which is often charged on the hammer price plus buyer’s premium, varying by state). The total amount due will be charged to the payment method on file with BidNextDoor within 72 hours following the end of the auction. You certify that, as an authorized user of the provided debit or credit card, You will not dispute any payments with your card provider that correspond with a winning bid on BidNextDoor. 

You are required to maintain valid, up-to-date debit or credit card information on file with Your Account. All card information entered on BidNextDoor is securely transmitted to and processed by Stripe.com, a reputable third party processor. BidNextDoor does not store Your card information. It is Your responsibility to ensure that your card information is current and entirely accurate. You cannot use a different card or payment method towards a purchase that has already been automatically charged. No payment method other than a debit or credit card is accepted. 

If Your card is declined for any reason, You are responsible for (a) rendering payment directly to the Sale Partner immediately and (b) updating your card information on BidNextDoor for future purchases. Failure to remit payment for any one purchase will result in the suspension of Your Account, with or without notice.


Sales Tax Exemption (Resale Certificates) Bidders who possess a valid resale permit, certificate, etc. exempting them from paying tax at the time of purchase must provide the appropriate documentation to BidNextDoor for verification before bidding. Following the verification of the provided tax/resale information, the Bidder will be able to indicate when placing a bid whether the Lot would be purchased for personal or business use, wherein Lots indicated as a personal purchase will be taxable where applicable and Lots indicated as a business purchase will be exempt from sales tax in accordance with applicable state laws.

Sale Partner’s Contract All Sale Partners are required to agree to and follow the Terms of Use (including these Terms & Conditions, Our Sale Partner Saas Agreement, and Our Privacy Policy, collectively).  

Descriptions & Accuracy All Items are sold as-is, where-is, with no guarantees or warranties, explicit or implied. Per the Terms of Use, Sale Partners agree to accurately describe and photograph all Items to the best of their knowledge and abilities, including providing information about their condition; however, BidNextDoor is not responsible for nor liable for any errors or omissions on part of the Sale Partner. The absence of any description or information regarding the condition of an Item does not in any way imply that the Lot is in perfect condition without issues. The majority of Items sold by Sale Partners on BidNextDoor are estate pieces, meaning they are generally antique, vintage, or used.

Some Sale Partners may offer a preview period where Bidders can physically inspect the Items before bidding. You are encouraged to attend said previews where available but are not required to do so. Some Sale Partners may be willing and able to provide condition reports on certain Items upon request. Please contact the Sale Partner directly with any questions, concerns, or doubts before bidding on any Lot. All bids are final and all sales are final. No returns, credits, refunds, cancellations, or exchanges.

Buyer’s Premium In addition to the hammer price (winning bid amount) of each Lot won, a buyer’s premium (a charge based on a percentage of the total hammer price) of 18% will be charged, plus all applicable sales tax. 

Reserves Certain Lots may have a reserve (a minimum amount in order to win an item). The highest bid amount must meet or exceed the reserve in order to qualify the highest Bidder as the Winner. A maximum bid that fails to meet the reserve will not result in a contract to purchase. For example, a Bidder with the highest maximum bid on a Lot in the amount of $5.00 will not be the Winner upon completion of the auction if the reserve of that Lot is, say, $10.00 (or any amount greater than $5.00). Reserves are determined by the Sale Partner and are subject to lawful confidentiality.

Records & Disputes In the unlikely event of any disputes regarding bid amounts, Winners, etc., You agree to accept BidNextDoor’s records as accurate, definitive, and final.

Picking Up When creating a sale on BidNextDoor, Sale Partners are required to provide pick up information including dates, times, and general location in the “Pick Up Terms” section of every auction page. Exact addresses will be provided to Winners following the close of the auction. Winners are limited to the dates, times, and locations provided by the Sale Partner. Please check this information carefully before bidding. Some Sale Providers may require you to schedule a pickup ahead of time, while others may have a general time window, during which You can show up without an appointment to pick up Your Item(s). It is Your responsibility to confirm this information provided by the Sale Partner before bidding on any Lot and it is Your responsibility to abide by the Sale Partner’s provided pick up terms.

If a Winner determines that they are unable to collect the Merchandise during the dates and times provided by the Sale Partner, they must contact the Sale Partner to discuss alternate options, if any. Sale Partners nor BidNextDoor guarantee the possibility or fruition of any alternate pick up arrangements. At the Sale Partner’s discretion, Winners may be subject to additional fees as a result of alternate arrangements, additional transport, labor, and/or storage.

Shipping BidNextDoor does not provide or suggest any shipping or delivery options for Bidders. Some Sale Partners may be willing to release Your Merchandise to a shipper of your authorization, provided that the shipper abides by the Sale Partner’s specified pick up dates, times, and locations. Failure of Your specified shipper to collect Your Merchandise from the Sale Partner according to the Sale Partner’s provided terms may result in additional fees being charged to You as a result of alternate arrangements, additional transport, labor, and/or storage, at the discretion of the Sale Partner.

It is in no way implied that Sale Partners provide shipping services, nor are they in any way required to do so. In the event that You designate a shipper to collect Your Merchandise from the Sale Partner, it is still Your sole responsibility to follow the Sale Partner’s pick up terms, including, but not limited to, abiding by their provided pick up dates, times, and locations.

Trespassing Any pick up location specified by a Sale Partner is only accessible to Bidders during specified preview periods (if any such period is offered by the Sale Partner) and/or to Winners during either scheduled pick up appointments or specific time windows open for pick up. Accessing these locations/properties during any other time constitutes trespassing. 

Forfeiting Merchandise Items not paid for and/or not retrieved according to the BidNextDoor Terms of Use and the Sale Partner’s own Pick Up Terms will be forfeited by the Winner. This means that both unpaid and paid Merchandise is subject to forfeiture if the Winner does not entirely comply with Terms of Use and the Sale Partner’s own Pick Up Terms, including pick up location and collection times. Sale Partners are not required to make alternate arrangements for Winners unable to collect paid or unpaid Merchandise within their specified terms. Sale Partners reserve the right to re-offer, donate, or otherwise dispose of unpaid and/or uncollected Merchandise at their discretion. BidNextDoor reserves the right to, as permitted by law, report unpaid Accounts to consumer credit reporting services, collection agencies, and others. Furthermore, BidNextDoor reserves the right to suspend or terminate a User’s Account, with or without notice, for failure to comply with the Terms of Use, including, but not limited to, successfully paying for and/or collecting Merchandise.

Prohibited Use BidNextDoor imposes certain restrictions on Use of the Service and activities/actions taken on the Website. Use of the Service is limited to the permitted activities outlined by the Terms of Use. The following uses/activities are expressly prohibited:

 

Disclaimers; Limitation of Liability, Release & Indemnity

No Warranties Where applicable by law, BidNextDoor makes no warranties or guarantees, express or implied, regarding the Service or Merchandise offered for sale and/or purchased on the Website. BidNextDoor does not warrant that the Service will meet your requirements or that operation and/or Use of the Service will be uninterrupted or error-free. BidNextDoor disclaims any and all implied liability for damages arising out of the Use of this Service pursuant to the Terms of Use, including without limitation, interruptions, delays, mistakes, omissions, errors, representations, or other possible defects, whether caused by acts of commission, omission, or any other damage occurring. BidNextDoor is in no way liable or responsible for any indirect, incidental, consequential, or punitive damages, including, but not limited to, lost profits or lost revenues.

No Guarantees BidNextDoor has no control over or responsibility for the authenticity, quality, safety, or legality of items offered for sale on the platform. The Terms of Use strictly prohibit the sale of illegal Items and it is the Sale Partner’s sole responsibility to refrain from offering, selling, or attempting to sell any illegal Items. Furthermore, BidNextDoor is not responsible for the accuracy of Lot descriptions, pictures, or other information provided by Sale Partners. All sales are as-is, where-as. All sales are final. No returns, credits, refunds, cancellations, or exchanges.

Your Responsibilities You are responsible for complying with all applicable laws governing the sale, purchase, and/or use of the Items offered on BidNextDoor. You are further responsible for complying with all laws governing the use of the Service, including, but not limited to, abiding by the Terms of Use. Legal transfer of ownership is the responsibility of Sale Partners and Bidders and it is assumed that Uniform Commercial Code (UCC) § 2-401(2) applies to all transactions unless otherwise agreed upon by both parties (i.e. Sale Partner and Bidder).Limitation of Liability

In any case, if BidNextDoor is found to be liable, BidNextDoor’s liability, whether to Your or any third party, is limited to the total amount paid, if any, to BidNextDoor for the specific transaction(s) in question. BidNextDoor is in no way responsible for any other costs beyond the amount specified thereof. BidNextDoor is not responsible for costs such as, but not limited to, shipping, restocking, labor, legal, or other indirect costs involved in and/or resulting from the specific transaction(s) in question. You acknowledge that BidNextDoor is not responsible for any loss or damage of data related to Your Account and You understand that it is Your responsibility to securely backup Your data.

Release & Indemnification You agree to indemnify, defend, and hold BidNextDoor and its employees, representatives, agens, affiliates, managers, and shareholders (the “Parties”) harmless from and against any and all claims, actions, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. the relationship between You and BidNextDoor, in any capacity

  2. Your breach of the Terms of Use

  3. Your access to and/or use of the Service

  4. Your violation or alleged violation of any foreign, domestic, international, federal, state, or local law or regulation

  5. Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights


Updates & Changes We may update Our Terms from time to time. We will notify You of any changes by posting the new Terms on this page and updating the “Last updated” date at the top of the page. We will inform You of the change via email and/or a prominent notice on the Website, prior to the change becoming effective. You are advised to review the Terms periodically for any changes, which are effective when they are posted on this page.

Agreement By using the BidNextDoor website and Service, You agree that You have read, fully and completely understand, and wholly and entirely agree with and accept BidNextDoor’s Terms of Use, including the (A) Terms & Conditions, (B) the Sale Partner Saas Agreement, and (C) the Privacy Policy.

Additional Questions Contact BidNextDoor using the “Contact Us” form on Our Website with any additional questions or concerns regarding these Terms & Conditions or the Terms of Use.