Terms & Conditions
H. SEIGEL FINE AUCTIONS, INC. ACCESS AND PURCHASE AGREEMENT
THIS IS A LEGAL CONTRACT BETWEEN YOU AND H. SEIGEL FINE AUCTIONS, INC.
This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and H. Seigel Fine Auctions, Inc. and contains the terms and conditions for access to and use of the website and marketplace located at www.hsfineauctions.com.
1. AMENDMENTS AND CHANGES
1.1 Changes to Site and Marketplace. H. Seigel Fine Auctions, Inc. shall have the right at any time to change or discontinue any aspect or feature of H. Seigel Fine Auctions, Inc., including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
2. YOUR MEMBERSHIP
2.1 The Marketplace. H. Seigel Fine Auctions, Inc. operates an online auction website that enables Members to view, bid-on and purchase products (the “Marketplace”). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by H. Seigel Fine Auctions, Inc. and is sold to the Member who proposed the highest purchase price during that limited bidding and selling period. In addition, H. Seigel Fine Auctions, Inc. may, from time to time, make available to Members opportunities to purchase a Product either in multiples of more than one (1) or at the highest purchase price they proposed even if that purchase price was not the highest proposed during the selling period.
2.2 Registration as a H. Seigel Fine Auctions, Inc. Member Required. Only H. Seigel Fine Auctions, Inc. Members may participate in the Marketplace. In order to become a Member, you should agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time. It is the sole responsibility of the Member to determine whether they reside in a jurisdiction that permits the Member’s entry into the Marketplace and to follow all laws imposed by in their jurisdiction relating to their activities in the Marketplace.
2.3 Age Minimum. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a H. Seigel Fine Auctions, Inc. Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 H. Seigel Fine Auctions, Inc. allows only one (1) account per registered Subscriber. The right to use H. Seigel Fine Auctions, Inc. is personal to Subscriber and is not transferable to any other person or entity. At its sole discretion and without notice, H. Seigel Fine Auctions, Inc. may revoke any membership, right to use or access the site.
2.6 Cookies Enable. In order to participate in the Marketplace, your browser cookies should be enabled each time you log on. Cookies are small files stored on your hard drive that store login information. Your browser may be set up to accept cookies by default, but if your settings have changed, or your browser continually returns to the login page after you submit your login information, you may need to enable cookies.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Postings. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without H. Seigel Fine Auctions, Inc. express prior approval, contains advertising or any solicitation with respect to products or services. You shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted H. Seigel Fine Auctions, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that user’s personal use. You hereby grant H. Seigel Fine Auctions, Inc. the right to edit, copy, publish and distribute any material made available on the Site by you. We strongly forbid the use of any offensive images such as pornography. Any images H. Seigel Fine Auctions, Inc. finds offensive will be deleted, and the members using such images may be suspended. Any conduct by you that in H. Seigel Fine Auctions, Inc. discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services.
3.2 Our Content. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may only download copyrighted material for your personal use such as for the reselling of items purchased from H. Seigel Fine Auctions, Inc. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of H. Seigel Fine Auctions, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
3.3 Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of H. Seigel Fine Auctions, Inc. and all charges related thereto.
3.4 Zero Tolerance on Fraud. H. SEIGEL FINE AUCTIONS, INC. HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to H. Seigel Fine Auctions, Inc. H. Seigel Fine Auctions, Inc. will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. H. Seigel Fine Auctions, Inc. will terminate and ban the user on the first offense. H. Seigel Fine Auctions, Inc. will also maintain and enforce a blacklist to chronicle fraudulent users.
3.5 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant’s password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and H. Seigel Fine Auctions, Inc. will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3.6 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on H. Seigel Fine Auctions, Inc. or the bid price of any Product listed on the Site, or influencing user behavior on H. Seigel Fine Auctions, Inc.
4. PRIVACY, MONITORING AND DISCLOSURE, BREACH
4.3 Disclosure of Information. As permitted by applicable law, H. Seigel Fine Auctions, Inc. reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect H. Seigel Fine Auctions, Inc. systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of H. Seigel Fine Auctions, Inc. business and systems or other purposes deemed reasonable by H. Seigel Fine Auctions, Inc., H. Seigel Fine Auctions, Inc. may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
4.4 Email and Mobile Text Anti-Spam Policy. It is H. Seigel Fine Auctions, Inc. policy not to send commercial email or mobile text notifications to individuals who have not asked to receive such email from the company, or to receive such email from any third party. If you receive an unsolicited commercial email from H. Seigel Fine Auctions, Inc., and would like to stop receiving such emails in the future, you can click on the “opt-out” or “unsubscribe” link at the bottom of the email or send a letter to H. Seigel Fine Auctions, Inc. 1301 International Parkway, Suite 120, Sunrise Florida, 33323. Please note that it may take up to 10 days to process your request. For mobile text notifications simply reply STOP to the text message.
5. RIGHTS OF H. SEIGEL FINE AUCTIONS
5.1 Auction Glitches. H. Seigel Fine Auctions, Inc. will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, H. Seigel Fine Auctions, Inc. reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by H. Seigel Fine Auctions, Inc. to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number(s).
5.2 Breach. Without limiting other remedies, H. Seigel Fine Auctions, Inc. may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if H. Seigel Fine Auctions, Inc. is unable to verify or authenticate any information you provide to H. Seigel Fine Auctions, Inc.; or (c) if H. Seigel Fine Auctions, Inc. believes that your actions may cause legal liability for you, other H. Seigel Fine Auctions, Inc. users, or H. Seigel Fine Auctions, Inc..
5.3 Termination. H. Seigel Fine Auctions, Inc. may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which H. Seigel Fine Auctions, Inc., in its sole discretion, considers to be unacceptable.
6. BIDDING TERMS
6.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. All bids must be entered and completed through H. Seigel Fine Auctions, Inc. authorized website, unless H. Seigel Fine Auctions, Inc., for any specific Product, allows bids by telephone. Once H. Seigel Fine Auctions, Inc. accepts your offer, you are obligated to complete the transaction as accepted by H. Seigel Fine Auctions, Inc. Accordingly, when you bid on a Product on H. Seigel Fine Auctions, Inc., you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your H. Seigel Fine Auctions, Inc. membership and other actions taken by H. Seigel Fine Auctions, Inc. to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable, and that H. Seigel Fine Auctions, Inc. reserves all rights to pursue you, including for reimbursement of its attorneys’ fees and costs as permitted by applicable law. Employees of H. Seigel Fine Auctions, Inc. are not permitted to bid or participate in auction. Please note that Buyer has full obligation to inspect Products. Many Products in the Marketplace are of considerable age. All goods are sold on an “as-is” basis. Faults, imperfections, scratches, damage, usage, and other signs are age in Products are usual and not grounds for H. Seigel Fine Auctions, Inc. to accept any return. You are solely responsible for inspecting all products prior to use and exercising due care.
6.2 First Time Users. First time customers will be required to pay for their first item that they bid on and win within three (3) business days. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items.
6.3 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.
6.4 Bid Increment Rules
(a) Whole Dollar Increments. Each proposed purchase price in each bid (a Bid Amount) to buy a Product is in whole dollar amounts. Any Bid amount not placed in whole dollar increments will be invalid and not accepted.
(b) Minimum Bid Increase. Your Bid Amount has to exceed the current highest bid by at least the Minimum Bid Increase.
(c) Automatic Bid Increments. For your convenience, H. Seigel Fine Auctions, Inc. automatically sets each of your next Bid Amounts by adding the applicable Minimum Bid Increase to the current Bid Amount. YOU MAY ALSO SET YOUR DESIRED BID AMOUNT MANUALLY, WITHOUT THE AID OF THE H. SEIGEL FINE AUCTIONS, INC. AUTOMATIC BID INCREASE IF GREATER THAN THE APPLICABLE MINIMUM BID AMOUNT INCREASE.
6.5 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of membership.
6.6 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will have three (3) business days thereafter to pay for your Product(s) at that highest Bid Amount, unless arrangements have otherwise been made with H. Seigel Fine Auctions, Inc.. You are responsible for keeping track of all of your highest Bid Amounts.
7. BIDDING TOOLS
H. Seigel Fine Auctions, Inc. makes available tools for reviewing and purchasing Products through the Marketplace. You are solely responsible for use of these tools. By using any of these tools, you agree that you have read and that you understand all of the rules and instructions for such tools. If your highest bid amount is the winning bid, you agree to comply with your obligations under that contract to buy the Product from H. Seigel Fine Auctions, Inc. Failure to purchase the products that you bid highest on will result in cancellation of bids on all other Products.
8.1 General Payment Policies
(a) Payment in U.S. Currency Only. All payments for Products are in United States currency.
(b) All Purchases Will Be Subject to Sales Orders. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more sales orders that will be emailed or faxed to you. H. Seigel Fine Auctions, Inc. will use its commercially reasonable efforts to post and make available to you your sales orders no later than one (1) business day after H. Seigel Fine Auctions, Inc. accepts your payment.
(c) First Time Users. First time customers will be required to pay for their first item that they bid on and win. Bidding privileges will be restricted until payment is made. After the first transaction is officially completed, customers will be able to bid freely on other items.
(d) Payment Due Within 3 Business Days. Payment on any Product is due promptly, but no later than three (3) business days after H. Seigel Fine Auctions, Inc. accepts your offer to buy a Product unless alternative arrangements are made with H. Seigel Fine Auctions, Inc. Nonpayment made result in referral to collections.
(e) Your Transactions and Obligations. By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and H. Seigel Fine Auctions, Inc. maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to a single non-pay of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. H. Seigel Fine Auctions, Inc. reserves the right to demand payment if customer has more than 10 unpaid items in their account or if the total amount of auctions won, exceeds $1000.00. To avoid this situation please pay on time.
(f) Buyer’s and Seller’s Auction Fees. An Auction Fee is a standard auctioneering fee that covers the cost associated with sourcing products, running the marketplace and managing services such as payment collection and fulfillment along with other services, costs and profits. Unless otherwise stated in the auction, our standard Buyer’s Premium (fee) is 10% of the order’s grand total. That is, 10% of the hammer price. Unless otherwise stated in the auction or pre-agreed with H. Seigel Fine Auctions, Inc., our standard Seller’s Premium (fee) is 10% of the order’s grand total. That is also, 10% of the hammer price.
(g) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of the United States. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions. You are solely responsible for all taxes that may result from your purchases, due in any jurisdiction.
8.2 H. SEIGEL FINE AUCTIONS, INC. Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, H. Seigel Fine Auctions, Inc. may in its sole and absolute discretion cancel your purchase. In such case, H. Seigel Fine Auctions, Inc. may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At H. Seigel Fine Auctions, Inc. sole discretion, but without any obligation, alternate payment methods may be arranged.
8.3 Payment Methods
(a) Accepted Payment Forms. H. Seigel Fine Auctions, Inc. currently accepts:
(v) Checks, money orders (international and domestic), travelers’ checks or cashiers’ checks
(vi) Certain third party payment services,
(vii) H. Seigel Fine Auctions, Inc. Layaway Plan. (All cancellations related to Layaways will be refunded minus 20% cancellation fee which will be deducted from the merchandise amount)
All payments must include:
(i) Applicable sales tax for Products shipped to Florida (sales tax percentage will depend on the county).
(ii) The purchased Products listing number (found on the Listing Page).
(iii) Any promotional coupons you are able to apply to your purchase.
(iv) Payments made payable to: H. Seigel Fine Auctions, Inc.; Send Payments to:
H. Seigel Fine Auctions, Inc.
1301 International Parkway
(v) Only checks with a physical address will be accepted (No P.O. Boxes)
(vi) We do not accept International Personal Checks
(vii) All check payments will be placed on hold for 10 business days.
(d) Third Parties. H. SEIGEL FINE AUCTIONS, INC. WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY. H. SEIGEL FINE AUCTIONS, INC. MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.
9.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers. H. Seigel Fine Auctions, Inc sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through H. Seigel Fine Auctions, Inc. You are solely responsible for reporting and remitting any sales or use or VAT tax you may owe under laws applicable to you. You also agree that H. Seigel Fine Auctions, Inc. is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
9.2 Inspection and Escrow Services. Depending on the Product, H. Seigel Fine Auctions, Inc. will make such product available to winning bidder for inspection prior to final acceptance. Inspection period will be seven (7) business days. Shipping costs and insurance for inspection shall be sole responsibility of winning bidder/inspecting party. Inspecting party must pay in full for item prior to receiving for inspection. H. Seigel Fine Auctions, Inc. will hold purchasing funds of inspecting party for seven (7) days during inspection period, after which if Inspecting Party fails to notify H. Seigel Fine Auctions, Inc. of intent and return Product, sale shall be final. Thirty Day return policy, as described below, includes Inspection Period.
10. SHIPPING & DELIVERY
10.1 General Shipping Policies
(a) Available Shippers:
(i) Domestic. All domestic orders (Products shipped within the United States) will be shipped by insured Federal Express or other similar nationally recognized carrier, at the discretion of H. Seigel Fine Auctions, Inc. Buyer is responsible for all shipping and insurance charges. H. Seigel Fine Auctions, Inc. agent will discuss and explain available shipping options at time of purchase.
(ii) International. All international orders (Products shipped outside of the United States) will be shipped by insured Federal Express or other similar nationally recognized carrier, at the discretion of H. Seigel Fine Auctions, Inc. Buyer is responsible for all shipping and insurance charges. H. Seigel Fine Auctions, Inc. agent will discuss and explain available shipping options at time of purchase. International delivery may take longer to arrive, generally 3-4 weeks, due to local government and shipper practices outside of the control of H. Seigel Fine Auctions, Inc. You are solely responsible for all customs fees and duties on your package. Please consult your local Customs Office for duties, regulations, and restrictions. Generally, we will collect 15% from the merchandise total at checkout (international surcharge) to cover GST, PST, HST and other taxes associated with importing merchandise and customs duties.
(b) Time to Ship. H. Seigel Fine Auctions, Inc. will not ship Products or begin to provide services until full payment, including shipping, insurance and applicable taxes, for such Products or services is received. H. Seigel Fine Auctions, Inc. will deliver Products to the shipper within three (3) business days of receiving payment for such Products. During peak season, your order may take longer to ship. Additional services such as ring resizing or gem and jewelry reports may delay your order up to seven (7) additional days.
(c) Express Shipping. We will endeavor to provide you the opportunity to elect express shipping, subject to additional charges. Express shipping relates only to the services provided by a shipper and does not relate in any way to H. Seigel Fine Auctions, Inc. time to deliver the Product with the shipper. H. Seigel Fine Auctions, Inc. cannot be responsible for delays in shipping. H. Seigel Fine Auctions, Inc. makes no warranty, express or implied, about the ability of any shipping company to deliver any package in a specified amount of time. Any delays in shipping are the responsibility of the shipping company.
(d) No Signature Release. We will not authorize any shipper to deliver any Product without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any Product package, it will be retained by the shipper for further delivery or follow up by you or your designee. In the event you have a signature release waiver on file with Federal Express, H. Seigel Fine Auctions, Inc. will not be held liable for missing or non-delivered Product(s).
(e) Separation. We reserve the right to ship Products from a single order in separate packages if the order contained services or if there are applicable size and item number limitations as set forth in this Agreement or imposed by the shipper. Any separately shipped packages may result in additional shipping charges.
(f) H. Seigel Fine Auctions, Inc. Products are separated into 3 Different Classifications for Shipping.
(i) Jewelry items are small high-value items such as earrings, bracelets, necklaces, rings, eye wear, accessories and some watches that may be shipped together.
(iii) Metal and Stone Items are items consisting mainly of gold, diamond, silver, palladium, or other alternative metals such as base metal, tungsten, or titanium.
(ii) Oversized or Heavy Items are items that may come individually packaged and are too large or bulky to be accommodated by our standard shipping rates. Specific charges will be discussed at time of purchase.
(g) Undeliverable Packages. Orders that are received back to H. Seigel Fine Auctions, Inc. as undeliverable are not available for reshipment without additional charges and corrected address.
(h) Lost Packages. Lost packages should be reported within 48 hours of the estimated delivery date. H. Seigel Fine Auctions, Inc. will not be held liable for any lost or stolen packages, packages containing missing products, or vandalized package. H. Seigel Fine Auctions, Inc. will assist with all insurance claims to shipper. For prompt service, please forward all claims issues to company.
11. LIMITED WARRANTY We disclaim all warranties, express or implied, of every kind and nature on any Product, service or the Marketplace, except as set forth in this Agreement; except that statements in the Marketplace auction website relating to products owned and sold by H. Seigel Fine Auctions, Inc. (not third parties) will be accurate.
12. THIRD PARTIES. In some transactions, H. Seigel Fine Auctions, Inc. is not the seller in the actual transaction between Third Parties and buyers and is not the agent of either for any purpose. H. Seigel Fine Auctions, Inc. does not have the duty to resolve any disputes between participants related to or arising out of any such transaction. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of H. Seigel Fine Auctions, Inc., are those of the respective author(s) or distributor(s) and not of H. Seigel Fine Auctions, Inc. Neither H. Seigel Fine Auctions, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through H. Seigel Fine Auctions, Inc. represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with H. Seigel Fine Auctions, Inc. H. Seigel Fine Auctions, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on H. Seigel Fine Auctions, Inc. by anyone other than authorized H. Seigel Fine Auctions, Inc. employee spokes persons while acting in their official capacities. Under no circumstances will H. Seigel Fine Auctions, Inc. be liable for any loss or damage caused by a Subscriber’s reliance on information obtained through H. Seigel Fine Auctions, Inc. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through H. Seigel Fine Auctions, Inc. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
13. NO WARRANTIES. THE SITE IS PROVIDED ON AN “AS IS” BASIS. CUSTOMERS USE OF THE SITE IS AT CUSTOMER’S OWN AND SOLE RISK. H. SEIGEL FINE AUCTIONS, INC. MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(a)THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) THAT THE SITE WILL MEET YOUR REQUIREMENTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR;
(c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THOSE THIRD PARTIES WILL PERFORM AS PROMISED.
(d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF H. SEIGEL FINE AUCTIONS, INC..
(e) TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, H. SEIGEL FINE AUCTIONS, INC. DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM H. SEIGEL FINE AUCTIONS, INC. OR THROUGH THE USE OF SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(a) YOU EXPRESSLY AGREE THAT USE OF H. SEIGEL FINE AUCTIONS, INC. IS AT YOUR SOLE RISK. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT H. SEIGEL FINE AUCTIONS, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(b) IN NO EVENT WILL H. SEIGEL FINE AUCTIONS, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF THE USE, OF OR INABILITY TO USE THE SITE.
(c) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER H. SEIGEL FINE AUCTIONS, INC., NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
15. LIMITATION OF LIABILITY
OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY, H. SEIGEL FINE AUCTIONS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PRODUCTS, SERVICES AND THE MARKETPLACE, THE INABILITY TO USE PRODUCTS, SERVICES AND THE MARKETPLACE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD H. SEIGEL FINE AUCTIONS, INC. AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES(INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS USER AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR(C) YOUR VIOLATION OF ANYTHIRD PARTY’S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
17. INTELLECTUAL PROPERTY
17.1 Trademarks. H. Seigel Fine Auctions, Inc. names, logos and tag lines are trademarks of H. Seigel Fine Auctions, Inc. and any of its subsidiaries. All rights reserved. All other trademarks appearing on H. Seigel Fine Auctions, Inc. are the property of the irrespective owners. This User Agreement does not constitute a license to use any such trademarks.
17.2 Copyrights and Copyright Agent. H. Seigel Fine Auctions, Inc. respects the rights of all copyright holders and in this regard, H. Seigel Fine Auctions, Inc. has adopted and implemented a policy that provides for the termination inappropriate circumstances of subscribers and account holders who infringe the rights of copy right holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide H. Seigel Fine Auctions, Inc. Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17U.S.C.512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on line site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
H. Seigel Fine Auctions, Inc. Copyright Agent to receive the foregoing information related to copyright infringement or defamation on its site is:
H. Seigel Fine Auctions, Inc., Inc.
1301 International Parkway
18. APPLICABLE LAW AND DISPUTE RESOLUTION
18.1 Governing Law. Any actions arising out of, or in any manner affecting the interpretation of this Agreement as they pertain to the Marketplace, the Site, any service or any Product, whether under this Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of Florida, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. You hereby consent to the exclusive jurisdiction and venue of courts located in Broward County, Florida for litigation of disputes under the Agreement.
18.2 Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN BROWARD COUNTY, FLORIDA, USA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR H. SEIGEL FINE AUCTIONS, INC. MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN BROWARD COUNTY, FLORIDA, USA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR H. SEIGEL FINE AUCTIONS, INC. PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE PERMITTED TO JOIN OR BRING ANY CLAIM IN A CLASS-STYLE PROCEEDING. THIS ARBITRATION SECTION AND ITS REQUIREMENT TO ARBITRATE SHALL SURVIVE TERMINATION.
19. LEGAL NOTICE AND GENERAL PROVISIONS
19.1 Entire Agreement. This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
19.2 No Agency; Third-Party Beneficiary. H. Seigel Fine Auctions, Inc. is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this User Agreement. This User Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of H. Seigel Fine Auctions, Inc. and you.
19.3 Severability. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
19.4 No Waiver. H. Seigel Fine Auctions, Inc. failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of H. Seigel Fine Auctions, Inc. right to subsequently enforce such provision or any other provisions of this User Agreement.
19.5 Headings. The section headings used herein are for convenience only and shall not be given any legal import.
THE H. SEIGEL FINE AUCTIONS, INC. LIMITED WARRANTY
This Limited Warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. This Limited Warranty covers any products purchased from H. Seigel Fine Auctions, Inc. You are encouraged to read all of this Limited Warranty to determine your rights to warranty service. You need to have a proof of purchase to receive warranty service. Proof of purchase is a sales receipt or other document (which may be an email or other electronic document) showing that you purchased the Product.
WHAT DOES THIS LIMITED WARRANTY COVER?
H. Seigel Fine Auctions, Inc. warrants that the Product will substantially conform to the description of the Product on the H. Seigel Fine Auctions, Inc. website, subject to the terms and limitations of this Limited Warranty.
WHAT IS THE LIMITED WARRANTY PERIOD?
The Limited Warranty Period is 30 days from the date of purchase. ITEM SHOULD BE RETURNED WITHIN 30 DAYS FROM THE DATE OF PURCHASE. All returns shall be accepted only at the sole discretion of H. Seigel Fine Auctions, Inc., and no returns will be permitted after 30 days.
WHAT DO I GET UNDER THIS LIMITED WARRANTY?
In the Product fails to substantially conform to the description of the Product on the H. Seigel Fine Auctions, Inc. website, H. Seigel Fine Auctions, Inc. will provide a refund, less shipping, delivery and insurance costs. Taxes may or may not be refundable, depending on policy of government they were remitted to. Depending on Product, at H. Seigel Fine Auctions, Inc. sole discretion, a restocking fee of up to 20% may apply. You are responsible for all shipping and insurance costs associated with returning the Product to H. Seigel Fine Auctions, Inc.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover, among other things any of the following, or damages related to any of the following or other non-defect related problems:
Failure of any other product used in conjunction with the Product;
Surfaces scratches on the Product;
Improper use of the Product;
Any alteration or modification made to all or any part of the Product after you purchase the Product;
Labor charges for installation or setup of the Product;
Damage or inoperability of the Product due to accident, lightning, unauthorized repair or other cause not within the control of H. Seigel Fine Auctions, Inc.;
Operation of the product in any country other than the country for which it was designed, manufactured, approved and/or authorized;
Use of the Product for commercial or institutional purposes;
Access connections (internet), including charges from your communications provider even if you choose to return the Product and otherwise have no use for such access connections.
LIMITATION OF LIABILITY AND DISCLAIMERS
THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ANY AND ALL EXPRESS WARRANTIES. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE LIMITED WARRANTY PERIOD (30 DAYS FROM PURCHASE) AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ALL NOTICES UNDER THE AGREEMENT MUST BE MADE IN WRITING AND SENT TO H. SEIGEL FINE AUCTIONS, INC., INCLUDING ALL RETURN OR INSPECTION COMMENTS AND REQUESTS; OTHERWISE THEY SHALL BE OF NO EFFECT.