Terms of Service

Updated to 3 December 2020

OVERVIEW

This website is operated by Bidding and Purchasing. Throughout the site, the terms “we,” “us,” and “our” refer to Auction Shop Online. Auction Shop Online offers this website, which includes all information, tools and services available on this site to you, the user, conditioned on your acceptance of all terms, conditions, policies and notices set forth herein.

By visiting our site and/or purchasing something from us, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies mentioned herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and have provided us with your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate the laws of your jurisdiction (including, without limitation, copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.

GENERAL TERMS AND CONDITIONS

We reserve the right to refuse our online retail services to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our online retail services, use of our online retail services or access to our online retail services or any contact on the website through which our online retail services are provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.

CHANGES TO PRICES AND ONLINE RETAIL SERVICES

The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the online retail services (or any part or content thereof) without notice at any time.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the online retail services.

Prices and Currency. The prices reported on our website are expressed in US dollars.

PRODUCTS

Our products are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product we offer.

All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the online retail services will be corrected.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

All Material (defined below) on this website is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Bidding and Purchasing. Your use of the trademarks, service marks, trade dress, copyrighted material or any other material displayed on or available through the Bidding and Purchasing, including, without limitation, graphics, design, text, instructions, widgets, images, audio, video, designs, advertising. Copying, logos, domain names, the “look and feel” of Bidding and Purchasing and the compilation, assembly and arrangement of Bidding and Purchasing materials (collectively, “Materials”) are strictly prohibited. However, you may download, print and store selected portions of the Material, provided that (1) you only use these copies of the Material for your personal, non-commercial use, (2) you do not copy or post the Material on any network computer or broadcast the Material in any media, (3) you do not modify or alter the Material in any way, nor remove or change any copyright or trademark notices, and (4) do not reverse engineer, decompile, reassemble, modify or attempt to discover any source code that Bidding and Purchasing creates to generate its web pages or any software or other products or processes accessible through Bidding and Purchasing.

You agree that we may revoke prior permission at any time without liability to you and will not insert any code or product to manipulate the Materials in any way that would affect the experience of any user. No right, title or interest in any Materials is transferred to you as a result of any such download. Auction Shop Online reserves full title and full intellectual property rights in any Material you download from Auction Shop Online. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the Material.

You also agree that you may not: (a) use any robot, spider, rover, scraper, or other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data, copy, or distribute the Materials (except as may be caused by the use of a standard search engine or Internet browser); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish on paper or electronic media, publicly perform, display, disseminate, broadcast, retransmit, circulate to a third party or on any third party website, or use the Materials in any way, except as specifically permitted by these Terms or otherwise in writing by the Auction Shop Online.

You may not use the Bidding and Purchasing site for any purpose or in any manner that would infringe the rights of a third party. We encourage you to report to us any content on the Bidding and Purchasing site that you believe infringes your rights. Only the owner of the intellectual property rights or the person authorized to act on behalf of the owner may report potentially infringing content.

Other Intellectual Property. If you believe that any content on the Auction Shop Online site violates your exclusive rights other than copyright, please provide at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why you believe the content infringes those rights, sufficient to permit us to evaluate the claim; and (d) accurate contact information for you. Please send your complaint about the content of the Auction Shop Online to: support@auctionshoponline.com
General rights information. It is often difficult to determine whether your intellectual property rights have been violated. We may request additional information before removing any infringing material. If a dispute arises as to the correct ownership of the rights in question, we reserve the right to remove the content of the right together with the alleged infringer until the matter is resolved.

Don’t make false claims! Please also note that the information provided in the legal notice you submit may be sent to the person who provided the allegedly infringing content.
We will take reasonable steps to notify you if your materials are removed based on a complaint by a third party for alleged intellectual property infringement. If you dispute the removal of your materials as a result of a third party complaint, you have the right to notify us of the error or misidentification.
We reserve the right to terminate the accounts of users who (at our reasonable discretion) are repeat infringers.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as necessary.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any Comments you submit. We do not and will not have any obligation (a) to maintain the confidentiality of the Comments; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, determine is illegal, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates either party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain defamatory or illegal, abusive or obscene material, nor will they contain any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself or mislead us or others as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

PERSONAL INFORMATION

The submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or on the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (even after you have submitted your order).

We assume no obligation to update, amend or clarify information on the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or update date applied on the Service or on any related website should be taken to indicate that all information on the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) violate any local international, federal, provincial or state regulation, rule, law or ordinance;
(d) infringe or violate our intellectual property rights or the intellectual property rights of others;
(e) harass, abuse, insult, harm, defame, slander, belittle, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
(f) send false or misleading information;
(g) upload or transmit viruses or any other malicious code that will or may be used in any way that affects the functionality or performance of the Service or any related website, other websites or the Internet
(h) to collect or track the personal information of others;
(i) to send spam, phishing, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) interfere with or circumvent the security functions of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that your use of our online retail services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the online retail services will be accurate or reliable.
You agree that from time to time we may remove the online retail services for indefinite periods of time or cancel the online retail services at any time, without notice to you.
You expressly agree that your use or inability to use the Online Retailer Services is at your own risk. All products delivered to you through the online retail services are provided (unless expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representation, warranty or condition of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
or any loss or damage of any kind incurred as a result of the use of the online retailing services or any content (or product) posted, transmitted or otherwise made available through the online retailing services, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

COMPENSATION

You agree to indemnify, defend and hold harmless Bidding and Purchasing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand. We will not be liable for any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

DIVISIBILITY

In the event that any provision of these Terms of Service shall be determined to be illegal, void, or unenforceable, then that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes.
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our online retail services or when you cease to use our site.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due. up to and including the date of termination; and/or, as a result, you may be denied access to our online retail services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the online retail services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting group.

APPLICABLE LAW

These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of Mexico.

CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use or access to our website or online retail services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to support@auctionshoponline.com.

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