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Tradewinds Online Cane Auction - Terms & Conditions

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User Terms
  1. ELIGIBILITY: Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Tradewinds may refuse our services to anyone at any time, at our sole discretion.

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  2. CUSTOMER INFORMATION: You must Register in order to place a bid on this system. You agree to provide and maintain accurate Customer Information. If your Customer Information changes, you must change your name, mailing address or phone number using the Update Customer Information Form.  Your personal information will never be given or sold to any mailing lists and is confidential.  Only the username that you choose will ever be displayed online. Your username can be a nickname or cryptic sequence of characters to preserve your anonymity when bidding. Your email address will never be displayed online and third party's will not be able to contact you.

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  3. PASSWORDS: You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. You may also change your password using the Update Customer Information Form.

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  4. BREACH: We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, if you breach this agreement or if we are unable to verify or authenticate any information you provide to us.



Auction Terms
 
  1. BUYER'S PREMIUM: Typically, a buyer's premium will be assessed to the hammer price for items sold online. If an item has a buyer's premium, it will always be prominently displayed both during the preview, and during the auction in the item's description.

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  2. RESERVES: Typically, there are no hidden reserves for canes sold in Tradewind's online sales.  If a reserve price is set, it will always be at or below the low estimate range provided for each item.

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  3. DURATION: All auctions will typically last 2 days. Tradewinds may from time to time offer items for longer or shorter sale periods.

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  4. EARLY TERMINATION: An auction may at our sole discretion be terminated at any time without notice.

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  5. BIDDING INCREMENTS: Our auction software sets bid increments automatically as an auction progresses. The increments are based on the bid amount and are as follows:

    • $25 for bids from $0 to $500
    • $50 for bids from $500 to $1000
    • $100 for bids from $1000 to $3000
    • $250 for bids from $3000 to $5000
    • $500 for bids from $5000 to $10,000
    • $1000 for bids from $10,000 to $30,000
    • $2500 for bids from $30,000 to $50,000
    • $5000 for bids from $50,000 to $100,000
    • $10,000 for bids over $100,000

     
  6. BIDDING: Bidding is a binding legal contract in most states.  By placing a bid on this system, you agree that you will purchase the item for the amount of your bid should you be the high bidder at closing. Bids may not be retracted except in the case of an obvious and grievous error in the bidding process.  If such an error has occurred, you must inform Tradewinds immediately by email to auctions@tradewindsantiques.com and include a description of the error. Tradewinds, at our sole discretion will make a ruling on the error and the decisions of Tradewinds will be final. Bidding on the wrong item, changing your mind, or bidding a few dollars more than you wished are not grounds for bid retraction.

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  7. AUCTION CLOSINGS:  In an effort to level the playing field and give everyone an equal chance regardless of  equipment, internet connection speed, technical ability, or dexterity, auctions will end at the stated time unless there is bidding within the final 2 minutes of the auction.  In these cases, bidding will be extended until a 2 minute period where no bids have been received has elapsed. At that time, the auction will close. This is analogous to an auctioneer giving fair warning at a live auction before dropping the hammer, and is different than most online auction systems. Therefore, we call this feature the "Fair Warning" period.


    8. Following the close of an auction, if you were the high bidder, you will be informed automatically by email of your winning bid.  You have 5 business days to contact Tradewinds Antiques to arrange for payment and shipping (Please see Payment & Shipping Terms below). If no contact is made between buyer and seller within 5 business days, Tradewinds reserves the right to 1) offer the item to the second highest bidder, 2) re-post the item for sale in a new auction, or 3) remove the item from the auction.
     
     

  8. EMAIL NOTIFICATIONS:  Our auction software is designed to automatically inform you by email in the event that 1) your bid has been surpassed by another bidder, or 2) you have won the item you were bidding on. By bidding on an item in Tradewinds Online Cane Auction, you agree to receive these automated emailings.  You agree to maintain a valid email address as part of your Registration Information at all times. If you change your email address, you must update your Registration Information on our system using a simple two-step process by first filling out the Change Email Address Form.  After submitting this form, you will receive a confirmation code by return email.  You then use the Confirm Changed Email Address Form and your confirmation code to complete your registration update. For security reasons, email addresses from free email services are not permitted (e.g. Yahoo Mail or Google Mail).  Tradewinds is not responsible for you not receiving email notifications for any reason. Please ensure that the SPAM filter on your email program is set to accept email from tradewindsantiques.com.


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Payment and Shipping Terms
  1. PAYMENT: Payment must be arranged within 5 business days of the auction's closing. Personal checks, cashiers checks, money orders, as well as Mastercard or Visa are acceptable payment methods.  All remittance must be in US dollars, and MA residents will be charged sales tax. Make checks payable to "Tradewinds Antiques". A fee of $15.00 will be assessed for returned checks.  If payment is made by personal check, shipping will be held for 7 business days.
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  2. RETURNS: Unless specifically noted in the auction's press release, all items are sold "as is" and all sales are final.
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  3. SHIPPING:  For domestic purchases, shipping and insurance amounts will be determined  after the auction concludes so proper costs can be ascertained. High bidders will be notified by email within 5 days of the end of the auction with the total amount due including shipping. International shipping is the sole responsibility of the buyer including any materials documentation requirements for ivory, marine mammal products, tortoiseshell, rhinoceros horn, etc., that are the complete responsibility of the buyer. Tradewinds can suggest names of International shippers upon request.


Internet & System Terms
 
  1. SYSTEM INTERFERENCE: You may not use any device, software or routine to interfere or attempt to interfere with the proper working of Tradewind's website or any auction being conducted on our website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.

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  2. SYSTEM INTEGRITY: Tradewinds Online Cane Auction system is offered "as is".  We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. Tradewinds makes no guarantees about its system's performance, and is not responsible for missed bids, missed or unsent email notices, general system failures, server downtime, or software errors.


General Terms
 
  1. AMENDMENT: We may amend our Terms and Conditions at any time by posting the amended terms on our website. These Terms and Conditions were last updated on: February 2, 2008.


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