Welcome to KVS Auctions! Throughout the site, the terms “we”, “us” and “our” refer to KVS Auctions. KVS Auctions offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
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 the terms and conditions of this agreement, then 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.
This Agreement and the terms contained herein is subject to change by KVS Auctions at any time, in its sole and absolute discretion, and without notice. Therefore, you are instructed to review the terms of this Agreement prior to registering to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately.
You can review the most current version of the Terms of Service at any time on this page.
By registering with KVS Auctions, you acknowledge that you have read, understood, and agree to all of the terms, conditions and rules and regulations stated below and anywhere else within this website without reserve or modification.
You certify that all of the information you have provided to KVS Auctions on your registration is accurate and you hereby accept the responsibility to update and maintain the accuracy of these registration details.
As you choose your username, bear in mind that it may not be considered offensive. If we feel your username is unsuitable in any way, your registration will be cancelled and you will be required to register again under a different username. Aggressive behavior of any kind, whether it be in person or online via email or social media, will result in the deactivation of our KVS Auctions account. Please help us in creating and maintaining a healthy, safe, environment for all who utilizes KVS Auctions.
By registering with KVS Auctions, you are responsible for maintaining confidentiality of your account and password. You are responsible for restricting access to your account and you agree to accept all responsibilities of all activities that occur under your account.
Any new features or tools which are added to the current auction site(s) shall also be subject to the Terms of Service. You can 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 to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
This website is open to those who are age eighteen or above. By agreeing to these Terms of Service, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement.
If you use the website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party, and as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
Activity that does not follow kvsauctions.com policy could result in a range of actions including: administratively ending or canceling bids, removing feedback rating, buying restrictions, and/or account deactivation. Fraudulent, malicious and bidders/buyers who default on payment will have their account deactivated.
KVS Auctions reserves the right to refuse, cancel or delete any auction, bid, bidder or registrant at any time with or without cause.
SECTION 3 – PRODUCTS OR SERVICES (IF APPLICABLE)
We have made every effort to disclose, as accurately as possible, via photos and description(s) the condition of the products that appear on KVS Auctions. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-to-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product listing at any time.
SECTION 4 - PAYMENT
KVS Auctions accept cash at pickup, cashier’s check or wire transfer payments only. We cannot combine invoices for multiple purchases. Each transaction shall remain an individual transaction with individual payment. Payment is required within three days of auction ending.
SECTION 5 - REMOVAL INSTRUCTIONS
FOR LOCAL PICKUPS: Buyer MUST contact seller for exact location of property and to schedule removal.
Property is to be removed by appointment only and appointments must be made at least 24 hours in advance. All items must be removed within FIVE (5) business days from the time and date of the close of the auction. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. No assistance will be provided. Failing to abide by these terms will result in your account being terminated.
SECTION 6 – SHIPPING
****IMPORTANT MESSAGE FOR BUYERS****
WE DO NOT SHIP INTERNATIONALLY. Buyers must have a U.S. address in the contiguous United States in order for us to ship your item.
We ship to the address on your account file at the time of the sale so please ensure your address is correct. We will NOT ship to any addresses outside the contiguous United States.
Please contact the Seller to determine what shipping options are available. Please DO NOT MAKE PAYMENT UNTIL SHIPPING AND HANDLING HAS BEEN DETERMINED AND THE CHARGES ADDED TO YOUR INVOICE.
We ship via FedEx Ground/Home Delivery or United States Postal Service (Priority). For freight shipments, there is a $50 palletizing fee per pallet.
SECTION 7- FREIGHT INSTRUCTIONS
The Buyer is responsible for arranging their own freight carrier. The Seller will not arrange freight shipments. The Buyer must contact a freight carrier and arrange a freight pickup within the advised warehouse hours. For freight shipments, there is a $50 palletizing fee per pallet.
SECTION 8 - BILL OF LADING
For freight carrier pickups, Seller requires the Buyer to email a bill of lading (BOL) at least 24 hours (1 business day) in advance of the requested freight pickup appointment. The Seller MUST receive the BOL at least 24 hours in advance of the pickup to allow the Seller time to review the BOL for accuracy and to ready the pallet(s) for shipment. If the Seller does not receive the BOL at least 1 business day in advance, the Seller will not release the pallet(s) to the freight carrier. Seller requires that the Buyer clearly identifies on the BOL the party responsible for ANY and ALL freight charges that may arise from the shipping transaction. The Buyer must include on the BOL a disclosure statement that the Seller has zero responsibility for any freight charges. A general Section 7 statement will suffice.
SECTION 9 - WARRANTY
KVS Auctions strives to accurately represent the condition of our items for sale; however, due to the nature of our business, mistakes can happen.
Description Warranty: Seller warrants to the Buyer that the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the item(s) from the Seller’s property. If Seller confirms that the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the seller shall not exceed the actual purchase price of the property.
If you win an auction and decide (prior to shipment) that you no longer want the item(s) (Buyer’s Remorse), we allow cancellation but the buyer will pay a restocking fee for every transaction they wish to cancel. This fee is 20% of the sale price of the item being restocked or a minimum of $50.
Upon the item(s) leaving the Seller’s premises, purchased items have a ten-day warranty which covers functionality issues ONLY.
Buyer has 10 days from the sale date to notify the seller of any functionality issues. The return policy applies to affected items and only covers identified defects that were not described within the auction. Buyer pays cost of return shipping. Products in question MUST be returned to the seller for inspection for consideration of refund. The buyer is responsible for packaging the item appropriately so as damage will not occur during the return shipping. Full refund of AFFECTED item(s) only so long as no tampering has occurred with the product(s). Any tampering with the product(s) will void its warranty. Partial refunds are solely at the discretion of the seller and if considered, the buyer and seller will negotiate an agreed upon partial refund amount. Should a refund be warranted, the buyer’s premium will NOT be refunded.
SECTION 10 – LIMITATION OF LIABILITY
KVS Auctions does not guarantee or warrant that your use of our service will be uninterrupted, secure, or error-free.
In no case shall KVS Auctions, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured during service, or any other claim related to any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or any damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or the 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.
SECTION 11 – TERMINATION
The Terms of Service set forth by KVS Auctions are effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If KVS Auctions suspects that you have failed to comply with any term or provision of these Terms of Service, we also may 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 may deny you access to our services.
SECTION 12 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to firstname.lastname@example.org.