“Auction House” means a seller or dealer of collectibles, antiques, jewelry, fine art, or other Property that has registered with LiveAuctioneers to conduct Live Auctions through the Site.
“Buyer” means a registered user of the LiveAuctioneers Site that bids to purchase property listed by an Auction House in one or more Live Auctions.
II. Bank Account Payments/ACH AuthorizationOverview. A Buyer may elect to have LiveAuctioneers invoice and process payments that are due from Buyers through a means that does not utilize Payment Services, including ACH payments from a Buyer’s bank account. By choosing to use a bank account as the payment method, a Buyer will be able to pay the fees due in connection with its participation in any Live Auction conducted by an Auction House on the LiveAuctioneers’ site by using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever a Buyer chooses to pay by ACH, the Buyer is authorizing LiveAuctioneers (or its agent) to debit your bank account for the total amount of the fees due. Your transaction must be payable in U.S. dollars. Notwithstanding the foregoing, LiveAuctioneers, in its sole and absolute discretion, may refuse this payment option to any Buyer, without notice, for any reason at any time. All questions relating to any transactions made using your bank account by LiveAuctioneers should be initially directed to us, but may also require the involvement of your bank.ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand, and agree to these Payment Terms, and that these Payment Terms, together with the LiveAuctioneers Terms and Conditions to which you are subject, constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Payment Terms, (c) you authorize LiveAuctioneers (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize LiveAuctioneers (or its agent) to initiate one or more ACH debit entries (withdrawals), and you authorize the financial institution that holds your bank account to deduct such payments, in the amounts and frequency designated in your then-current payment plan, if any.Transaction Errors. If you believe that any payment transaction initiated by LiveAuctioneers (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible at firstname.lastname@example.org. Notify us immediately if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account without your permission. We reserve the right, in our sole and absolute discretion, to cancel the ability to pay by bank account for any reason at any time.Your Liability for Unauthorized Transactions. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As a general rule, you should report any fraudulent, erroneous, or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.Payment Authorizations and Revocation. You authorize LiveAuctioneers and its designated payment processors to store your designated bank account information and other related information. You authorize LiveAuctioneers to automatically debit all applicable charges from your designated bank account via ACH debit on the date that is the third day after the date that you are sent an invoice for a winning bid if that invoice remains unpaid at that time. You also authorize LiveAuctioneers to initiate credit entries or adjustments for any debit entries in error. The foregoing authorization shall not affect your obligation to pay all sums owing to an Auction House. If LiveAuctioneers fails to, is unable to, or refrains from debiting your bank account for any reason, your payment to the Auction House may be late or past due pursuant to the respective Auction House’s terms and conditions of sale. Your authorization to LiveAuctioneers to make ACH debits overrides any contrary terms you agreed to with any Auction House. You also acknowledge and agree that it is your sole responsibility to ensure that your bank account information is current and valid. You shall follow Nacha rules applicable to ACH transactions. If LiveAuctioneers is unable to debit the entire amount due, you acknowledge and agree that LiveAuctioneers may pursue all available remedies at law and in equity to obtain such payments. This authorization to initiate ACH debit transactions will remain in full force and effect until LiveAuctioneers has received written notice revoking such authorization from you by email at email@example.com, which must be, at minimum, 10 days in advance of the date that the requested revocation is to take effect. Because these are electronic transactions, these funds may be withdrawn from your designated bank account immediately. In the case of an ACH debit transaction that is rejected for insufficient funds, you understand and agree that LiveAuctioneers may, in its sole and absolute discretion, attempt again to process the debit in the amount due within 30 days of the date such transaction is rejected due to insufficient funds, as permitted by applicable law. You certify that you are an authorized user of the designated bank account and will not dispute these scheduled transactions with the bank, so long as the transactions correspond to the amount you owe. You must notify LiveAuctioneers promptly, in writing, if you dispute any portion of any fees paid or payable by you under these Live.Payments Terms & Conditions or any other agreement(s) to which we are parties. If you do not provide LiveAuctioneers with such prompt written notice of your fee dispute, you will not be entitled to dispute any fees that were paid or are payable by you. If you fail to pay any amounts then due, LiveAuctioneers may suspend your user account(s) without prior notice. LiveAuctioneers shall have no liability for any damages, liabilities, losses, costs, or expenses (including any loss of data or profits) or any other consequences that you or any user may incur in connection with the suspension of any accounts under this section.Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and LiveAuctioneers on this website or at the primary e-mail address associated with your LiveAuctioneers account. You should print and retain a copy of all such disclosures and communications.
Credit Card and Debit Card Payment ProcessingOverview. Auction Houses may elect to have LiveAuctioneers invoice and process payments that are due from Buyers by debiting credit cards or debit cards that Buyers have on file with LiveAuctioneers. In such event, you as Buyer acknowledge and agree that we may utilize automatic payment features, and you hereby expressly authorize LiveAuctioneers to, without further notice to you, charge any credit or debit card that you maintain on file with LiveAuctioneers in connection with any fees you owe. In addition, if you have provided bank account information to LiveAuctioneers for payment via ACH, you authorize LiveAuctioneers to automatically debit any account which you maintain on file with LiveAuctioneers, pursuant to the ACH terms set forth above if LiveAuctioneers’ attempt to charge your credit or debit card is unsuccessful. Any automatic charge on your credit card, debit card, or automatic ACH transaction debit from your bank account will be made on the third day following the date that you are sent an invoice for a winning bid if that invoice remains unpaid at that time. The foregoing authorization shall not affect your obligation to pay all sums owing to an Auction House if LiveAuctioneers fails to, is unable to, or refrains from charging any such credit or debit card or debiting any such account. If a charge or debit is not made by LiveAuctioneers for whatever reason, the payment to the Auction House may be late or past due pursuant to the respective Auction House’s terms and conditions of sale. You also acknowledge and agree that it is your sole responsibility to ensure that your credit and/or card information, if applicable, is current and valid. You agree that LiveAuctioneers may use the services of a third party to automatically update your credit card expiration date. Additionally, you understand that if we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. If we are unable to charge your credit card or account for the full amount due and owing, or if we incur a chargeback for any sum we previously charged to your credit card, you acknowledge and agree that LiveAuctioneers may pursue all available remedies at law and in equity to obtain such payment(s).Credit and Debit Card Payments and Pre-Authorization. If you utilize a credit or debit card to make payment for any fees you owe, LiveAuctioneers or its agent may request preauthorization for a card transaction for validation purposes and/or to ensure there are sufficient funds available in your account. The amount of any preauthorization may exceed your actual transaction amount, and your transaction may be declined if your amount of available funds is less than the preauthorization amount. Such a preauthorization request may result in a “hold” on your available funds in the amount we submit for preauthorization (“Authorization Hold”), even if the amount of your actual transaction exceeds the Authorization Hold amount. Once the final amount of the transaction is determined and has been processed and settled, your card will be debited for such amount and the Authorization Hold will be removed. However, an Authorization Hold may remain on your account for several business days after your actual transaction. During the period of the Authorization Hold, the card funds that are subject to the Authorization Hold will generally not be available for other card transactions. We will have no liability to you if we decline any card transaction because an Authorization Hold is in place. We reserve the right to release, in our discretion, any Authorization Hold to make funds available for other card transactions, and, if we do so, we will have no liability to you if we subsequently reject the transaction corresponding to the Authorization Hold due to insufficient card funds. We will have no liability to you in the event of any delays to complete the final processing of any card transaction that corresponds to an Authorization Hold, and/or if an Authorization Hold is requested in error.
TaxesBuyers and Auction Houses shall be solely responsible and liable for collecting and remitting any sales, use, value-added tax (VAT), ad valorem, import, excise, or other tax which may be imposed by any taxing authority in any local, state, federal, provincial, or other foreign jurisdiction, in connection with an Auction House’s sale, or a Buyer’s purchase of Property on the LiveAuctioneers’ Site. Because sales tax rules vary by jurisdiction, you acknowledge that you will contact your local tax authority to learn about or obtain appropriate advice regarding specific tax obligations in the jurisdictions in which you operate. You agree that LiveAuctioneers shall have no liability or obligation to Auction Houses, Buyers, or any taxing authority for any tax for which an Auction House or a Buyer is required to collect and remit in connection with an Auction House’s sale or a Buyer’s Purchase of Property on the LiveAuctioneers’ Site or otherwise. You agree to defend, indemnify, and hold harmless LiveAuctioneers, its shareholders, members, partners, officers, directors, employees, agents, parent company, subsidiaries, affiliates, joint venturers, successors and assigns, from and against any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney's fees), arising out of, relating to, or resulting from: (i) your failure to abide by your obligations to collect and remit any sales, use or other tax; and (ii) the accuracy, sufficiency, or completeness of the information provided by you to LiveAuctioneers for the purpose of calculating and collecting any sales or use tax that may be due. In the event that LiveAuctioneers, but not the Auction House or a Buyer, is required by applicable law to remit sales tax to the relevant taxing authorities, LiveAuctioneers will calculate, collect, and remit such sales taxes to the relevant taxing authorities.
Buyer’s Rights and ResponsibilitiesUse of Live.Payments. If a Buyer lives in a country in which Live.Payments is available, you are required to sign up for Live.Payments. For you to sign up for Live.Payments and receive or make payment for transactions made through Live.Payments, you must provide all required information and complete all required steps, including in some markets, verifying your bank account, for compliance purposes. Without this information, you may not be able to pay for or receive payment for your transaction on the Site.Payment Accounts. A payment account allows Buyers and Auction Houses to track payment amounts, refunds, and fees related to transactions conducted through the Site. You must provide accurate personal information as requested during registration, and you are responsible for maintaining and updating that information as necessary. You hereby authorize us, and our authorized agents, to verify information (at registration and on occasion when using the Services) that you provide by accessing public records and obtaining credit reports about you. LiveAuctioneers reserves the right to verify your information in order to safeguard the integrity of the Site and the Services and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.Disputes. Buyers agree to resolve any disputes directly with an Auction House and Auction Houses agree to resolve any disputes directly with a Buyer.International Trade Laws. You agree that your use of Live.Payments will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations, or orders administered by the US Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.Information on Cardholder Charges. Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make through Live.Payments. These fees are not charged by LiveAuctioneers and are at the discretion of your bank. Please contact your bank for further details.
Auction House’s appointment of LiveAuctioneers as Limited Collection Agent for Auction HousesEach Auction House appoints LiveAuctioneers as its agent for the limited purpose of receiving, holding, and settling payments to the Auction House. LiveAuctioneers will settle payments that are actually received by LiveAuctioneers to each Auction House, less any amounts owed to LiveAuctioneers by the Auction House in connection with the Services. All funds resulting from a completed transaction will be reflected as a balance in an Auction House’s payment account. Any refunds, adjustments, or other amounts paid to Buyers in connection with purchases, or for funds received since the last payment day, are also applied to the Auction House’s payment account balance. To protect the security and integrity of our marketplace, the users of Services, and LiveAuctioneers, LiveAuctioneers may take account-level or transaction-level actions based on risk-based criteria. A Reserve is an amount of money pending settlement as indicated in your payment account. A Reserve will be placed on an Auction House’s account if we believe there may be a high level of financial risk associated with you, your account, your business model, or your transactions. In some cases, deposits to an Auction House's bank accounts could be temporarily delayed by an issue at LiveAuctioneers, a Payment Service, or an Auction House’s or a Buyer’s bank. We’ll do our best to communicate with any affected Auction House as soon as we can. Separately, if we believe that an Auction House’s actions may result in Buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, then we may, in addition to any applicable reserve and in our sole discretion, put a hold or deposit delay on the Auction Houses’ payment account balance.LiveAuctioneers may terminate or suspend an Auction House’s use of Live.Payments at any time.Agreement, Amendments and Future TermsANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THIS AGREEMENT, AS EITHER AN AUCTION HOUSE OR BUYER, AS APPLICABLE: (1) ACCEPTING THE TERMS AND CONDITIONS OF USE ELECTRONICALLY DURING THE REGISTRATION OR SIGN-UP PROCESS AND/OR UPON LOGGING ON TO USE THE SERVICES OR (2) USING THE SERVICES AS DESCRIBED HEREIN. THROUGH ANY OF THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.LiveAuctioneers may amend, modify, add, supplement, or remove any of these terms and conditions at any time, and from time to time. If we do so, we will post such changes on this page.IF ANY FUTURE CHANGES TO THIS AGREEMENT ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING LIVE.PAYMENTS. YOUR CONTINUED USE OF LIVE.PAYMENTS NOW, OR FOLLOWING THE POSTING OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.
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