*A valid debit or credit card number is required for registration. This is for identity verification and duplicate account prevention only. There are never any charges to register or bid on overstockoutletauctions.com
TERMS AND CONDITIONS
THIS IS AN ONLINE ONLY AUCTION. This auction is bound by all legal rights and remedies in the state of Missouri.
DO NOT bid if you cannot agree to the terms of this contact including the allowed time for pick up.
Web Sites Guest Ability to Bid
New registrations may be delayed from being allowed to bid subject to a verification process. ID may be requested. OVERSTOCK OUTLET AUCTIONS requires bidders to be over the age of 18 and register with a valid debit/credit card using their full legal name. You may not register with any name other than your own. Attempts to register with a name other than your own (identity fraud) will be referred to the appropriate legal authorities. In the event that you have a legal right to register on another's behalf, you must send a copy of the POA prior to registration.
Owners of items being sold on OVERSTOCK OUTLET AUCTIONS, are expressly forbidden from bidding on their own items.
In the event that bidding rights are terminated due to no-show invoices, bidders MAY be reinstated at the discretion of OVERSTOCK OUTLET AUCTIONS. Duplicate bidder accounts will be deactivated when they are determined to exist. If possible and at our discretion OVERSTOCK OUTLET AUCTIONS reserves the right to delete any bid we believe has been placed by a suspect bidder. Any registration that shows up on our fraud detection system may be placed on hold and bids removed until user is verified. OVERSTOCK OUTLET AUCTIONS reserves the right to disallow anyone from bidding on its web site. Cases of obvious bidding with no intent to redeem will be referred to appropriate legal authorities.
Credit Card Required to Bid
In order to place bids on the web site a valid credit card is required. Credit card information is for identity verification only and will not be used to pay invoices. Registrants will be directed to our credit card processor and credit card information will be stored by the processor. The processor maintains full PCI compliance. OVERSTOCK OUTLET AUCTIONS will not have access to your credit card information. At this time, OVERSTOCK OUTLET AUCTIONS does not have on-line payment processing.
OVERSTOCKOUTLETAUCTIONS.COM Website Terms and Conditions
OVERSTOCK OUTLET AUCTIONS, is responsible for maintaining the OVERSTOCKOUTLETAUCTIONS.COM website. OVERSTOCKOUTLETAUCTIONS.COM serves as the venue used by independent auction companies (Affiliates) to present their items to bidders.
The following terms and conditions apply to every auction posted on the OVERSTOCKOUTLETAUCTIONS.COM website. These terms and conditions relate to general website policies and procedures. In addition to the website terms, each auction appearing on OVERSTOCKOUTLETAUCTIONS.COM has auction specific terms. The auction terms appear at the bottom of every auction page.
By placing a bid on OVERSTOCKOUTLETAUCTIONS.COM, bidders are verifying they are at least 18 years old and acknowledge that they understand and will comply with both the OVERSTOCKOUTLETAUCTIONS.COM website terms and the auction specific terms.
OVERSTOCK OUTLET AUCTIONS’ Role in Affiliate Auctions Published on OVERSTOCKOUTLETAUCTIONS.COM
OVERSTOCK OUTLET AUCTIONS’ role in the affiliate auctions listed
on OVERSTOCKOUTLETAUCTIONS.COM is limited to providing the venue for affiliate
auctions. Affiliates are not employees, agents, representatives or partners of OVERSTOCK
OUTLET AUCTIONS. OVERSTOCK OUTLET
AUCTIONS knowledge about individual auctions and individual auction
transactions is limited to the information appearing on the website.
Questions and issues relating to a specific auction or transaction must be directed to the affiliate named as conducting and managing that particular auction. The auction specific terms, found below each auction item picture and description, lists the name and phone number of the individual authorized by the independent business to conduct and manage that specific auction on the auction company's behalf.
Responsibility Associated with Obtaining a Bid Number
A unique bid number is provided to a bidder upon completing the registration form. Bidders are responsible for keeping the contact information associated with their bidder number up to date and accurate. During the registration process, bidders will choose a password. This password is immediately encrypted and is known only to the bidder. It is the bidder’s responsibility to ensure the security of their password. Bidders are held accountable for every bid placed with their bidder number.
Winning Bidder Notifications
OVERSTOCK OUTLET AUCTIONS system automatically sends notifications to winning bidders. Once we, (Overstock Outlet Auctions) sends the notification, we have NO CONTROL over whether or not they reach their final destination. Bidders can check their status by looking on their dashboard two hours after the sale closes. Bidders are responsible for knowing if they have invoices. Claiming that you did not receive your email is not a valid excuse for failure to retrieve items. It is the bidder’s responsibility to maintain a valid and up-to-date email address.
If you do not want an item, do not bid on it. Once bids are placed they will not be retracted. The only exception being in the event that OVERSTOCK OUTLET AUCTIONS, at its discretion, deems that the bidder has committed an obvious and grossly negligent input error.
Bidder Training and Tutorials
Bidders are responsible for understanding how to use the OVERSTOCKOUTLETAUCTIONS.COM bidding platform prior to placing bids. Training videos and instructions are available within the Bidder Knowledge Base (https://www.youtube.com/watch?v=7iLqExpLjWc). If bidders require further assistance, they should contact OVERSTOCK OUTLET AUCTIONS, 636-578-9574, prior to placing bids.
Bidders are responsible for every bid placed with their bidder number. Bidders are responsible for knowing and abiding by the terms of every auction for which they receive a winning bidder invoice. Prior to placing a bid on an auction, the bidder should review the auction information and details included in the 4 tabs (Details, Terms, Directions and Shipping) at the bottom of each auction page:
• Which affiliate is conducting the auction and where the
auction assets are located.
• The scheduled closing date and time of the auction, as well as when the auction inspection and removals are scheduled.
• Auction and Removal instructions contained in the auction terms, including payment types accepted by the affiliate.
• Availability of shipping.
Auction Item Descriptions and Pictures
Lot descriptions and pictures are intended to provide bidders with information for determining asset value. While the information on each asset is deemed to be accurate and include all relevant information affecting the value of the asset, bidders should not rely on the item descriptions and pictures as their sole means for determining an asset's value. Physically inspecting an asset is the best way for a bidder to determine its value. Bidders are strongly encouraged to ALWAYS inspect assets prior to bidding.
Assets are sold "AS IS WHERE IS"
All items are sold AS IS, WHERE IS, with NO WARRANTY. Assets sold on OVERSTOCKOUTLETAUCTIONS.COM do not have warranties, express or implied. Illustrations, pictures or videos posted on OVERSTOCKOUTLETAUCTIONS.COM are for informational purposes only. Bidders have sole responsibility for determining an asset's value. Bidders must conduct whatever due diligence is necessary for them to assess value prior to placing a bid. Bidding strategies and amounts should be based on the asset research conducted by the bidder. Every bid is considered to be an offer to purchase the asset for the bid amount. By placing a bid, the bidder waives any and all claims against the affiliate or auction company based on the condition or value of items. When not certain of the condition of an item, please bid accordingly.
Assets Published with Reserves
Assets requiring a minimum bid price to sell, appear on OVERSTOCKOUTLETAUCTIONS.COM
with “Reserve Not Met” below
the Next Required Bid
information in the lot description. Once the high bid reaches the
required minimum bid, the message changes to “Reserve Has Been Met” and the lot will be sold to the high
Auctions selling upon seller approval will be disclosed in the auction specific terms. In these cases, the reserve wording will not appear on the item listing.
Affiliates may lower a lot reserve at any time before or after an auction closes. If the reserve is lowered while the auction is in progress, the applicable reserve message will appear below the Next Required Bid information (Reserve Not Met or Reserve Has Been Met); the asset will sell to the high bidder if the lowered reserve amount is met. If the reserve is lowered after the auction closes, the highest bidder at auction close will receive a winning bidder invoice.
Auction Close and Extended Bidding
Each auction has a scheduled closing time. This is the time the first lot on the auction is scheduled to begin closing. For most auctions, lots will close at an average rate of 3 items per minute. Each asset within the auction will begin closing at the time indicated for that asset.
OVERSTOCKOUTLETAUCTIONS.COM extends the closing time of a lot if a bid is placed on the lot in the final 3 minutes prior to the indicated close time. Each time an additional bid is placed, the countdown clock resets to 3 minutes. A lot will not close until a full 3 minutes has expired since the last bid was placed. For example: If a lot is scheduled to close at 6:30pm and a bid is received at 6:29pm, the countdown clock will reset to 3 minutes from 6:29pm. If no other bids are placed, the lot will close at 6:32pm. If an additional bid is placed at 6:31pm, the countdown clock will reset to 3 minutes and the lot will not close until 6:34pm.
Bidders are notified of their successful bids within a few hours of the scheduled auction closing, via a winning bidder invoice appearing on their Dashboard. Bidders are responsible for monitoring their Dashboards and fulfilling the auction terms associated with each winning bidder invoice appearing on the Dashboard. At the time an auction closes, the sale of the asset becomes a legally binding agreement between the winning bidder and the affiliate. The bidder is required to purchase the asset and the affiliate is required to sell the asset for the high bid amount plus the buyer’s premium and all required fees and taxes.
OVERSTOCK OUTLET AUCTIONS charges the winning bidder a buyer’s
premium for every asset sold on OVERSTOCKOUTLETAUCTIONS.COM. The buyer’s
premium amount is listed in the auction terms. The buyer’s premium appears on
the invoice and is based on the winning bid total. The winning bid plus the
buyer’s premium represents the actual
sales price of each asset.
Invoices that include assets subject to sales taxes will have the appropriate sales tax amount included on the invoice. Sales taxes are calculated on the sale price (winning bid + buyer’s premium) for each asset included on the invoice. Fees and taxes will be charged on all applicable assets; the only exception to this is if the winning bidder completes the exemption documentation required to waive the fees and/or taxes, before taking possession of the assets.
Auction Removals and Shipping
Winning bidders must pay their invoices and remove their assets
from the auction location during the scheduled removal date and time indicated
for the auction. Bidder’s should not place bids on an auction if they are
unable to attend the scheduled removal, unless and until they have arranged for
another party to remove the assets during the removal, or discussed the
possibility of an alternative removal time or the availability of shipping with
the affiliate. Affiliates address auction specific removal and shipping
instructions in the auction Terms, Details and Shipping tabs located at the
bottom of each page of the auction.
It is important for bidders to recognize affiliates and/or OVERSTOCK OUTLET AUCTIONS are under no obligation to provide alternative removal times or shipping for the assets in their auctions.
Transfer of Ownership and Risk of Loss
At the time the winning bidder pays his invoice in full, ownership of the asset and risk of loss passes immediately to the bidder. If a winning bidder pays his invoice in full, but does not take possession of the assets during the removal day, ownership and risk of loss will still transfer to the bidder.
Failure to Abide by Website and/or Auction Terms
Bidders are responsible for knowing and abiding by the website and auction terms. Failure to do so will result in the termination of bidding privileges on OVERSTOCKOUTLETAUCTIONS.COM. Reinstatement is at the discretion of OVERSTOCK OUTLET AUCTIONS. Winning bidders who fail to attend the removal and haven’t made alternative arrangements with the affiliate prior to the removal day, lose claim to the assets on their winning bidder invoice. The affiliate conducting the auction will decide how unclaimed assets will be handled. The second highest bidder will not automatically be given the opportunity to purchase unclaimed assets for their highest bid. If the asset is resold for an amount less than the original highest successful bid, the original winning bidder is obligated to pay the difference in the sales price (bid + buyer’s premium).
Every bid placed on OVERSTOCKOUTLETAUCTIONS.COM is considered to
be a commitment to purchase the asset for the bid amount. OVERSTOCK OUTLET
AUCTIONS prohibits affiliates from placing bids on their own
auctions and sellers (or their agents) placing bids on their own assets. Bids
placed with any intent other than to purchase the asset for the bid amount, is
fraud. OVERSTOCK OUTLET AUCTIONS will prosecute bidders who engage in
OVERSTOCK OUTLET AUCTIONS will terminate the bidding privileges of bidders who fail to honor their winning bidder invoices. Bidders who lose their bidding privileges are prohibited from placing bids on OVERSTOCKOUTLETAUCTIONS.COM. Placing bids using another bidder’s number or registering for a new bidder number is an act of fraud. OVERSTOCK OUTLET AUCTIONS will prosecute bidders who engage in fraudulent bidding.
OVERSTOCK OUTLET AUCTIONS is committed to doing everything possible to ensure the reliability of our website. Unfortunately, there are factors outside our control that can impact access to OVERSTOCKOUTLETAUCTIONS.COM. If OVERSTOCKOUTLETAUCTIONS.COM becomes inaccessible at any point during an auction closing, the following protocol will be followed:
• Auctions that have closed prior to the website going down,
will remain closed and the winning bidder invoices will be sent out.
• Auctions in the process of closing, regardless of how many lots have closed or have yet to close, will be reopened and the auction closing will be extended by 24 hours. Lots that closed prior to the website going down, will be reopened for bidding; the winning bidder will be the lead bidder upon the website becoming accessible again.
• Auctions scheduled to begin closing during the time the website is inaccessible, and for the 15 minutes following the website coming back online, will have the auction closing time extended by 24 hours.
• Auctions scheduled to close more than 15 minutes after the website becomes accessible again, will close at the scheduled time.
In the event of a website interruption not covered by one of the above scenarios, OVERSTOCK OUTLET AUCTIONS reserves the right to make the final determination of how the auction will be handled.
Item Pick-Up and Removal
Winning bidders are responsible for the safe and timely removal of their items from both the OVERSTOCK OUTLET AUCTIONS warehouse and, off-site affiliate auctions. You are REQUIRED to arrive with all necessary tools, dollies, packing and padding materials, as well as sufficient labor in order to remove your items within the allotted pick-up window.
Occasionally there will be off-site auction items (e.g. Light Fixtures, Decorations, Appliances, Plumbing, etc) that require unhooking, dismantling, or disassembly by the winning bidder. The need for dismantling and disassembly will always be noted in the item’s description. By bidding on such items you acknowledge that the work you are performing is voluntary and that there are personal risks involved such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from your own or others’ actions, inaction, or negligence, or the condition of the auction location(s) or facility(ies). Nonetheless, you assume all risks of your participation in item removal, whether known or unknown to you, including travel to and from the auction location or any events incidental to auction item removal.
OVERSTOCK OUTLET AUCTIONS staff provides, at its discretion, complimentary loading of auction items into customer vehicles. Bidders wishing to take advantage of this service must sign a liability waiver that is available on-site. This waiver will be kept on file and remain effective for future auction item pick-up dates. You the bidder assume all risks and hold OVERSTOCK OUTLET AUCTINS and its staff harmless in the event of damage to vehicles and auction items while loading.
Bidder indemnifies and holds OVERSTOCK OUTLET AUCTIONS harmless against any damage, loss, injury arising from the transactions or auctions conducted by its auction house or auction affiliates.