Auction Rules
Bidding on Items. You must be a registered user to bid on items. New bidders can register either on-line at http://www.thegolfauction.com or by calling 866-842-0268. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus buyers premium and any applicable shipping charges disclosed on your invoice. If you are outbid, or your bid does not meet the seller's reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract with the seller to buy the item, and to deliver payment within the time period specified. If you cannot pay please don't bid. Your bids are final and non-retractable. Bidding begins immediately by phone and online. We are online at http://www.thegolfauction.com for all of our auctions. We will not accept e-mail bids.
Minimum Bid. TGA will predetermine the number of Item(s) in an auction. TGA will set the minimum bid on each item to be agreed upon by both TGA and Consignor. The Minimum Bid, if not agreed upon, shall be approximately thirty percent (30%) of the retail value. The Minimum Bid is designed to encourage bidding. If an item is incorrectly described online, TGA reserves the right to rectify such error and email to all active bidders the correct description. For phone bidders, all corrections will be read over the phone to the prospective bidder.
Extended Bidding. There are two (2) phases of bidding during this auction. 1) Normal Bidding: bids are taken up until 10 PM ET the night the auction closes. The auction will close to initial bidders at that time. 2) Extended Bidding: On a lot by lot basis, starting at 10 PM ET, any person who has previously placed a bid on a lot may continue to bid on that lot until there are no bids for more than 30 minutes – “30 Minute Rule.” For example, if you placed a bid on a lot during normal bidding, you can participate during Extended Bidding for that lot only, but not on lots you did not bid on during Normal Bidding. Any lots with one (1) or no bids will close at the beginning of extended bidding at 10:00 PM ET. If there is only one (1) bid on a lot, the lot will close and the lone bidder will be the winner of the lot.
At 10:00 PM ET, the “30 Minute Rule” will start and EACH lot will close individually when 30 minutes pass without a bid. At any time during the 30 minute interval there is a bid placed, excluding the current winning bidder raising their bid, the countdown clock will reset for the 30 minutes. Remember, only when a bid is placed by another bidder will the ending time reset on that lot extending the auction on that lot.
For example, during "extended bidding", if Lot #1 receives a bid within a thirty (30) minute time frame, the lot countdown timer will be reset and the auction for the lot will be extended. If a bid is placed during Extended Bidding at 10:15 PM, the new end time for that lot would become 10:45 PM. If no other bids are placed on that lot before 10:45 PM, this lot will close. Again, if you are the high bidder on a lot, raising your bid will not extend the bidding during the “30 Minute Rule.” All bidders are on the same playing field and are all equipped with the information required to ensure that the only reason they do not win a given lot is they are not interested in the lot or the price went above their threshold. The auction is not closed until all bids have been made on the specific lot, and when the auction is closed, the high bidder on every lot is the person who is willing to pay the most for the item. This is precisely what auctions are supposed to accomplish.
This system is great for bidders in that every lot goes to the bidder who is willing to pay the most for the item, and great for consignors in that each lot is sold to the bidder who is willing to pay the most. The Golf Auction reserves the right, in its sole discretion, to shorten or extend the auction at any time in extended bidding.
Buyers Premium. TGA will charge the Bidder/Buyer of the Item(s) a commission (Buyer’s Premium) of nineteen and one-half percent (19.5%) on the successful and final bid price of each of the Item(s) or lot(s) won. No discounts apply. ALL SALES ARE FINAL. No. returns. TGA is not responsible for customs, duties, brokerage and/or similar charges on items shipped internationally. Placement of a bid in this auction constitutes acceptance of all of the terms and conditions in this auction.
Winner Bidder Payment. Invoices will be sent to all winning bidders within three (3) business days after the auction by e-mail. Hard copy invoices will only be sent to winning bidders who do not have an email on file with or to those customers who request them. At the end of the invoice, all payment instructions will be detailed with your invoice. Payment is due within 14 days from the date of the invoice. Failure to pay timely invoices promptly will result in suspension of your auction privileges. Payments may be made by cash, check, wire transfer (invoices above $10,000 with a $20.00 charge for wire transfers), credit card or money order. A credit card on file will be automatically charged seven (7) business days after an auction end unless notified by winning bidder.
Winning Bidder Shipping. All costs for shipping, packing and insurance are added to all invoices. NO lots will be shipped until full payment is received. If an invoice is received with no shipping, please do not pay invoice until updated. All invoices greater than $500.00 MUST be shipped via FedEx to a physical address with an adult signature requirement for insurance purposes. WE DO NOT GET A SHIPPING ADDRESS FROM PAYPAL. IF PAYING BY PAYPAL PLEASE MAKE SURE YOUR ADDRESS IN OUR SOFTWARE. YOUR WINNINGS WILL BE SHIPPED TO THE ADDRESS IN THE SHIPPING AREA OF YOUR INVOICE.Bidder is responsible for all shipping and insurance of item bid on/or purchased. For framed items, please be aware that you are bidding on the framed item and not the frame itself. TGA makes every effort to ensure that items that are enclosed in frames are packed and shipped as carefully as possible, however, we are not responsible for any damage to the frames themselves, and no refunds will be given for frame or glass damage. There are no shipping charges for pick-ups.
Description. If you feel we have not described the lot in enough detail, or the explanation is not clear enough, please contact us at sales@thegolfauction.com and we will email back promptly. Please include your specific questions or comments in the email, and if your questions are regarding a particular auction, include the title of the auction, or the item number in your email. We look forward to working with you.
Return Policy. ALL ITEMS ARE SOLD AS-IS AND ALL SALES ARE FINAL. Many of our auction items are already framed. Without removing the frame, it is impossible to know the condition of the areas not seen. The Golf Auction does not assume responsibility for the condition of areas hidden by the framing or matting on these specific item(s). For this reason, our catalog descriptions on these auction items are written extremely carefully, paying acute attention to detail.
Limits of Liability. Except as expressly provided above, all property is sold "as is." Neither The Golf Auction or the consignor makes any representation or warranty, express or implied, as to the merchantability, fitness or condition of the property or as to the correctness of description, genuineness, attribution, provenance or period of the property or as to whether the purchaser acquires any copyrights or other intellectual property rights in lots sold or as to whether a work of art is subject to the artist's moral rights or other residual rights of the artist. The purchaser expressly acknowledges and agrees that in no event shall The Golf Auction be liable for any damages including, without limitation, any compensatory, incidental or consequential damages.
Consignor Ownership. Consignor warrants to TGA and Bidder/Buyer of the Item(s) that Consignor is the sole owner of the Item and the Item is free and clear of any liens or claims, and the Item sold to Bidder/Buyer will be free of liens or claims and Consignor has provided TGA with this information. Consignor agrees to indemnify the Bidder/Buyer and TGA from any damages (including attorney fees) relating to the breach of your agreement on warranty of title. The buyer agrees to hold TGA harmless from any damages relating to good title and will not hold TGA responsible for seller’s misrepresentation of good title. The warranties and indemnity will survive the completion of the transactions described in this Agreement.
Consignor Shipping/Damage. TGA will not be responsible for any item(s) that are not in TGA's possession. It is recommended that the Consignors use a shipping company that will provide insurance for the item(s) for transit to TGA. TGA will maintain full property and liability insurance in the event there is theft or damage to the item(s). TGA will also insure that item(s) in TGA's possession will be shipped insured back to Consignor. In the event of theft or total damage to the item(s), TGA agrees to pay the Consignor the proceeds of the insurance coverage, less the commission due to TGA. Unless previously agreed upon, the insurance value (coverage) of any consigned item will be two (2) times the amount of the minimum bid set for the item(s) pursuant to this agreement. Bidder is responsible for all shipping and insurance of item bid on/or purchased.
Bid Shilling. It is agreed the the Consignor is not permitted to bid on his/her item(s).
Consignor Commissions. The consignor agrees to pay TGA a competitive market percentage on the successful high bid price for each item or lot sold. This commission is pre-determined at the time of consignment.
Consignor Payment. When TGA receives payment from Bidder/Buyer, within forty-five (45) days TGA will remit to the Consignor the Net Proceeds for the Item(s). The Net Proceeds” consist of the amount of the total proceeds collected, less the commissions (both Consignor and Bidder/Buyer) and any expenses.
TGA Collections of Bidder Payment. TGA has no obligation to enforce or collect payment from any Bidder/Buyer. If any Bidder/Buyer does not pay TGA for any Item(s) within sixty (60) days after the end of an Auction, TGA has the right to offer the Item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the Consignor has the right to request TGA to return the Item(s) to the Consignor at Consignor’s expense, or Consignor has may choose to leave the Item(s) with TGA for placement in subsequent Auctions. If Consignor chooses to leave item with TGA for subsequent Auction, Consignor must put in writing to TGA that Consignor requests that the Item(s) be placed in the subsequent Auction.
Authenticity. TGA may, at any time during an Auction, remove the Item(s) if there is any doubt to the authenticity of the Item(s). The Item(s) will be returned at the Consignors expense. Except in the paragraph above, Consignor may withdraw any Item(s) from TGA.
Counterfeit Items. Consignor agrees to allow TGA to rescind the sale of any Item(s) if TGA learns the Item(s) are inaccurately described or learn the Item(s) are counterfeit or forged. If TGA notifies the Consignor of such action, Consignor agrees to return to TGA any proceeds paid to the Consignor and Item(s) will be returned to Consignor.
Dispute Resolution. Consignor and TGA agree that all disputes hereunder shall be resolved first, though mediation, and if unsuccessful, then though binding arbitration before a single arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The venue for mediation and arbitration shall be Hillsbourgh County, Florida. Judgment of the arbitrator may be entered in any court having jurisdiction over the non-prevailing party. All legal fees will be the responsibility of non-prevailing party.
Disclaimer. The Golf Auction is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. The Golf Auction reserves the right to request a deposit at any time for what The Golf Auction considers excess bidding to continue to bid in a specified auction.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
As operated by The Golf Auction, LLC, this auction service is provided to you under the foregoing Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GOLF AUCTION LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE GOLF AUCTION LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE GOLF AUCTION LLC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM THE GOLF AUCTION LLC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE GOLF AUCTION LLC OR ITS HOST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGESFOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE GOLF AUCTION LLC OR ITS HOST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees to indemnify and hold The Golf Auction, LLC, its parents, subsidiaries, affiliates, officers and employees, and likewise the host, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of their use of the Service, a breach of this User Agreement, or the infringement by user, or other user of the Service using registered user's computer, of any intellectual property or other right of any person or entity.