These Terms and Conditions and the other documents we refer to govern every way of using our NOWauctions. By accessing or using our Marketplace, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully so you know your rights and obligations when you use NOWauctions.
1. APPLICABILITY OF THESE TERMS AND CONDITIONS
Our Terms and Conditions form a legally binding agreement (the ‘Agreement’) between NOWauctions (‘us’, or ‘we’) and you. They govern your access to and use of NOWauctions’ website. Any other general terms do not apply to the use of our Marketplace.
2. SCOPE OF OUR SERVICES
2.1 NOWauctions is a multi-vendor marketplace in which Vendors may list an item for sale and schedule an auction start time. A NOWauction begins at the listed retail price and once the auction begins, the price decreases at a rate of 1 cent per second and continues to drop until someone purchases the item or the price matches the highest bid placed.
2.2 When an auction is “won” the Bidder’s credit card will be automatically charged for the bid amount, buyers, premium, tax and any other applicable fees as noted on the bid confirmation page. In the event the card is declined, the auction continues until a bidder with accepted form of payment is made.
2.3 The use of any service on NOWauction means that you explicitly consent to us providing services to both the Buyer and the Vendor. The scope of our Services is limited in the following ways:
2.3.1 Vendors are responsible for the items they sell. We have no control over or responsibility for the quality, safety, lawfulness, or correctness of the items. NOWauctions plays only a facilitating and supporting role by offering an Online Marketplace and supplementary services.
3. YOUR ACCOUNT
Before being able to use our services, you’ll need to create a NOWauctions account (‘Account’). If you are younger than 18 years, you must get permission from your legal guardian(s). Below you can find the rules related to the use of your Account:
3.1 Provide accurate information. When creating your Account, you must provide complete, truthful information about yourself. It’s prohibited to use false information or impersonate another person through your Account. You need to keep this information up-to-date at all times.
3.2 Protect your Account. Keep your username and password combination secret at all times. You alone are responsible for any activity related to your Account. We are entitled to assume that only you can sign in using your username and password.
3.3 Restrictions to your Account. To ensure our Online Marketplace is and remains trustworthy and safe, we reserve the right (i) to deny you the ability to create an Account, (ii) to restrict the use of your Account, and (iii) to terminate your right to access your Account.
4. USE OF OUR ONLINE MARKETPLACE
4.1 Your NOWauctions account is your responsibility and you use our Online Marketplace at your own risk. The same applies to your use of technical means, such as a computer and an internet connection, when using our Online Marketplace.
4.2 In using our Online Marketplace, you are obliged to comply with all applicable national and international regulations regarding bidding on, offering up, purchasing and selling via our Online Marketplace.
4.3 You agree not to perform any actions that may put an unreasonable and/or disproportionate strain on the infrastructure of our Online Marketplace and/or that may hinder the functionality of the Online Marketplace. You agree not to reverse engineer, try to obtain the source code, use viruses, Trojan horses, worms, bots, or other software or technical tools that can damage the Online Marketplace, make the Online Marketplace inaccessible, or circumvent technical protective measures.
5. AVAILABILITY OF OUR ONLINE MARKETPLACE
NOWauctions is authorized, at all times and without prior notice, to make procedural, technical, commercial, or other changes and/or improvements to the Online Marketplace. We are also authorized to put the Online Marketplace (temporarily) out of operation and/or to limit use of the Online Marketplace if, in our opinion, this is necessary (e.g. in the context of reasonably necessary maintenance to the Online Marketplace).
6. LIMITATION OF LIABILITY
If, despite the above, NOWauctions is liable for any damages for any reason whatsoever, we are only liable for the compensation of direct damages you suffer as a result of a shortcoming or wrongful act that can be attributed to us. Direct damages only include material damage to goods, reasonable costs incurred to prevent or limit direct damage, and reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the manner of repair.
7. INDEMNIFICATION
To the maximum extent permitted by applicable law, you are liable to fully indemnify us against claims from other users or third parties and all damages and costs NOWauctions suffers or incurs as a result of (i) your failure to perform the Terms and Conditions, (ii) any improper actions during the use of our Online Marketplace, (iii) your breach of any laws, regulations, or third party rights, or (iv) a wrongful act. The obligations for indemnification in this Article also apply to any companies affiliated with NOWauctions as well as our management, directors, employees, representatives, and legal successors.
8. WARRANTIES AND LIABILITIES
8.1 NOWauctions is dedicated to making its Online Marketplace the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Service is provided ‘as is’ and without any kind of warranty (express or implied).
8.2 We do not guarantee that (i) the Online Marketplace will be secure or available at any particular time or location, (ii) any defects or errors will be corrected, (iii) the Online Marketplace will be free of viruses or other harmful materials, or (iv) the results of using the Online Marketplace will meet your expectations.
8.3 If, at any time, our Online Marketplace is unavailable or any defects or errors occur, we are, at our own discretion, entitled to take any measures we deem appropriate or necessary. When we make decisions around this, we will always take into account the interests of all parties concerned.
9. PICKUP/SHIPPING/DELIVERY POLICY
Both parties herein agree that it is the Vendor’s responsibility to follow through based on the terms he/she/it sets when adding the item. Vendors can input how much they are willing to “Ship”, “Deliver”, or “Pick Up” the item whether it is done by themselves or an outside company. NOWauctions is not liable for the deliverance of items in any way shape or form.