ONLINE LIVE AUCTION TERMS AND CONDITIONS
- A client must register (using their Facebook credentials) to participate in a live auction. Providing a safe and reputable live auction community is important to us. Hence, your social networking comments and status may be subject for review. ArtisanMARKETS.com user ID’s may be issued for anonymous Clients that were vetted by our ID verification and background checks.
- A client is required to have a PayPal account in good standing.
- A minimum monetary participation amount is established for each live auction.
- A client must have the minimum monetary participation amount deposited in their ArtisanMARKETS.com account in order to participate or make a bid during a live auction event.
- All bids submitted during a live auction are irrevocable. You acknowledge you have carefully examined the Product details provided by the Artisan, considered the Artisan’s reputation and prior products sold by the Artisan prior to making any bids for a Product by the Artisan.
- Our Artisan’s are verified by our ID verification and background check system or is a known and trusted, pre-verified vendor of ArtisanMARKETS.com
- If the client becomes the winning bidder, the bid amount is immediately deducted from the clients ArtisanMARKETS.com account.
- A dispute for a Product is exclusively resolved between the Client and Artisan.
- A balance in a client ArtisanMARKETS.com account may only be withdrawn after 30 days from the last date of bid. All balances are remitted back to the clients PayPal account.
- Client and Artisan ratings are generally provided by the counterparts upon conclusion of an Auction. ArtisanMARKETS reserves the right to also rate the Client and Artisan. If a rating for a Client falls below our published “Good Community Standards” a Client may be suspended from ArtisanMARKETS.COM.
- A reinstatement of a suspended Client will involve our ID verification and complete background check with larger deposits required in their account.
DISCLAIMERS; PARTICIPANT REPRESENTATIONS; CANCELLATION; LIQUIDATED DAMAGES
Artisanmarkets.com makes no representations or warranties as to the accuracy or completeness of any information contained on the Website, Events/Auction Detail Page, or as otherwise made available by the Artisan or Artisan’s broker. The Website, any information or software therein, and artisanmarkets.com offer submission services are provided on an “as is, as available” basis. NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE WEBSITE, ANY INFORMATION OR SOFTWARE THEREIN, OR ARTISANMARKETS.COM’s OFFER SUBMISSION SERVICES, AND ARTISANMARKETS.COM EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. EACH PARTICIPANT AGREES TO USE THE WEBSITE AND ARTISANMARKETS.COM’S OFFER SUBMISSION SERVICES AT PARTICIPANT’S OWN RISK. Artisanmarkets.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT. EACH PARTICIPANT HEREBY RELEASES artisanmarkets.COM AND ITS EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS, BROKERS AND AGENTS (“REPRESENTATIVES”) FROM ANY AND ALL CLAIMS THAT ANY SUCH PARTICIPANT MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST artisanmarkets.COM OR ANY OF ITS REPRESENTATIVES FOR ANY DAMAGE OR INJURY RESULTING FROM OR RELATING TO ANY ERRORS, OMISSIONS OR OTHER CONDITIONS AFFECTING ANY PRODUCT. THIS RELEASE INCLUDES CLAIMS OF WHICH PARTICIPANT IS PRESENTLY UNAWARE OR DOES NOT PRESENTLY SUSPECT TO EXIST IN PARTICIPANT’S FAVOR WHICH, IF KNOWN BY PARTICIPANT, WOULD MATERIALLY AFFECT PARTICIPANT’S RELEASE OF ARTISANMARKETS.COM. EACH PARTICIPANT SPECIFICALLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (AND OTHER SUBSTANTIALLY SIMILAR APPLICABLE STATE STATUTES) WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
NO REPRESENTATION OR WARRANTY IS MADE BY ARTISANMARKETS.COM RELATING TO THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY FORM PURCHASE DOCUMENTS PROVIDED OR SUPPLIED BY ARTISANMARKETS.COM. EACH PARTICIPANT REPRESENTS AND WARRANTS THAT PARTICIPANT HAS CONSULTED WITH, HAD THE OPPORTUNITY TO CONSULT WITH, OR HEREBY WAIVES THE RIGHT TO CONSULT WITH COUNSEL RELATING TO THE LEGAL AND TAX CONSEQUENCES OF ANY SUCH FORMS.
CANCELLATION; LIQUIDATED DAMAGES. IF WINNING BUYER BREACHES THESE TERMS, WINNING BUYER’S OFFER MAY BE REJECTED BY ARTISANMARKETS.COM, THE PRODUCT WILL BE IMMEDIATELY SOLD TO ANOTHER PARTICIPANT OR PLACED IN ANOTHER EVENT, AND WINNING BUYER WILL BE RESPONSIBLE FOR PAYING ARTISANMARKETS.COM LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE AMOUNT OF THE PARTICIPATION DEPOSIT SHOWN AT THE TIME OF AUCTION. PARTICIPANT ACKNOWLEDGES THAT THE ACTUAL DAMAGES RESULTING FROM PARTICIPANT’S BREACH OF THESE TERMS WOULD BE DIFFICULT AND IMPRACTICAL TO CALCULATE, AND THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN IS A REASONABLE PRE-ESTIMATE OF THE RESULTING DAMAGES TO ARTISANMARKETS.COM AND IS NOT A PENALTY OR FORFEITURE.
ARBITRATION OF DISPUTES
Each Participant irrevocably agrees: (a) to waive all rights to trial in a court before a judge or jury on all claims between ARTISANMARKETS.COM and Participant; and (b) that all disputes and claims between ARTISANMARKETS.COM and Participant will be determined exclusively by final and binding arbitration in Santa Rosa, California before one arbitrator. Such arbitrator will not have the authority to consolidate the claims of other Participants or site users and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Participants in one arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Participant and ARTISANMARKETS.COM shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute between Participant and ARTISANMARKETS.COM relating to the interpretation, applicability, enforceability or formation of this agreement including, but not limited to any claim that all or any part of this agreement is void or voidable. Judgment on the award may be entered in any court having jurisdiction.
In any lawsuit or arbitration arising out of or related to these Terms, the judge or arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the lawsuit or arbitration. If the judge or arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the judge or arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the lawsuit or arbitration.