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Terms & Conditions
1. Introduction
Bidhaus LLC ("Bidhaus") conducts online auctions and facilitates the online sale of consigned items ("Lot"). These Terms and Conditions of Sale ("Terms") govern all aspects of your use of our website, participation in our auctions, and online purchases of Lots. By registering, accessing, browsing, bidding, or purchasing, you ("Buyer" or "Bidder") acknowledge that you have read, understood, and agree to be bound by these Terms, which may be amended by Bidhaus without prior notice. It is your responsibility to review these Terms periodically for changes.
2. General Terms
2.1 Binding Contract
- Placing a bid constitutes a legally binding offer to purchase the Lot. Winning bidders are obligated to complete the purchase in accordance with these Terms. Cancellations of winning bids are not permitted except as expressly outlined in Section 6.3 (Cancellation Policy).
2.2 Bidder Responsibility
- Bidders are responsible for independently verifying the age, size, condition, authenticity (unless otherwise guaranteed), description, and value of each Lot before placing a bid. Bidhaus provides information and descriptions as a courtesy and is not responsible for the accuracy or completeness of such information. Bidders are solely responsible for any errors in bidding. Failure to complete a purchase in accordance with these Terms may result in, but is not limited to, the following: suspension or termination of bidding privileges, reporting to credit bureaus, legal action, and/or other collection remedies available to Bidhaus.
2.3 Auctioneer Discretion
- Bidhaus and its auctioneers have final and absolute discretion in determining the winning bidder, resolving disputes between bidders, setting bidding increments, accepting or rejecting bids, and postponing or canceling an auction or any sale. This includes, but is not limited to, resolving tie bids, addressing disruptive bidding behavior, and determining the validity of bids.
2.4 Auction Errors
- Bidhaus reserves the right to cancel any purchase or winning bid due to unforeseen auction clerking errors or other circumstances beyond its control. These circumstances include, but are not limited to:
- The Lot is no longer available.
- The Lot did not pass Bidhaus's quality control inspection.
- The Lot was sold in error at a price below the reserve.
- Errors in the Lot description or cataloging.
- Technical difficulties or system failures.
- Suspected fraudulent activity.
2.5 Withdrawal
Bidhaus reserves the right to withdraw any lot at any time before bidding begins, and shall bear no liability for such withdrawal.
3. Invoice Payments
3.1 Invoice Terms
- Payment is due within three (3) business days of the close of an auction. A "business day" is defined as Monday through Friday, excluding federal holidays observed in the United States.
- Accepted payment methods include PayPal, credit cards (Visa, MasterCard, American Express), certified checks, and bank wire transfers. Bidhaus reserves the right to refuse certain payment methods at its discretion.
- Unpaid Invoices: Bidhaus may pursue all available collection efforts for unpaid invoices, including, but not limited to, referring the debt to a collection agency, reporting the unpaid debt to credit reporting agencies, and/or pursuing legal action. The Buyer shall be responsible for all costs associated with collection, including attorney's fees.
- Late payments may be subject to a late payment fee of 1.5% per month or partial month.
- Partial payments are not accepted and will be considered a breach of contract. Failure to pay the full invoice amount will result in collection actions. If an invoice remains unpaid for 15 days, the Lot may be forfeited at Bidhaus's discretion, and the Buyer will remain liable for any outstanding balance.
- Payment plans for high-value Lots may be available upon request and approval by Bidhaus. Bidhaus reserves the right to determine the eligibility and terms of any payment plan.
3.2 Buyer's Premium
- A buyer's premium ("BP") will be added to the hammer price, which is the final bid amount accepted by the Auctioneer. The Buyer agrees to pay the BP as follows:
- 25% of the hammer price up to $10,000.
- 23% of the portion of the hammer price exceeding $10,000 but not exceeding $50,000.
- 20% of the portion of the hammer price exceeding $50,000.
- Bidhaus reserves the right to adjust the BP percentage at its discretion, and any such adjustments will be announced prior to the auction.
3.3 Sales Tax
- Applicable state and local sales tax will be applied to all invoices, unless a valid tax exemption or resale certificate is provided to Bidhaus prior to invoicing. Buyers are responsible for providing accurate and complete tax exemption information.
3.4 International Duties
- For international shipments, Bidhaus will collect an estimated deposit for import duties, taxes, tariffs, shipping insurance, and other related charges prior to shipment. This deposit is an estimate, and the Buyer acknowledges that additional charges may apply upon delivery. The Buyer is solely responsible for all customs duties, import taxes, tariffs, and any other fees imposed by their country's customs authorities.
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3.5 Store Credit
- Store Credits are valid for one year from the emailed date of issuance and can only be used for Out Of Auction Purchases (OOAP). Please contact sales@bidhaus.com to use your Store Credit.
4. Shipping
4.1 Domestic Shipping
- Bidhaus provides free standard shipping within the contiguous United States (excluding Alaska, Hawaii, and other U.S. territories) for most items.
- Lots requiring special handling—including, but not limited to, furniture, housewares, and art—as well as all shipments to Alaska, Hawaii, Puerto Rico, and other U.S. territories, are subject to shipping charges. These charges will be included on the invoice or quoted upon request.
- Lots cannot be released for shipment until all shipping charges are paid.
4.2 Shipping Timeframe
- Shipping timeframes are estimates. General items are typically shipped within 1-3 weeks of payment receipt. Furniture, custom-made items, and other items requiring special handling may take 2-8 weeks or longer. These timeframes are estimates and may be subject to delays due to various factors, including, but not limited to, carrier delays, high volume, and the nature of the items.
- Expedited shipping may be available at the Buyer's expense. The availability and cost of expedited shipping will vary depending on the item and destination.
4.3 International Shipping
- All international shipments are subject to shipping and insurance charges, which will be quoted upon request or included on invoice.
- Bidhaus will insure items for the full invoice value to the extent permitted by the shipping carrier. The Buyer acknowledges that insurance coverage may be limited or unavailable for certain international destinations. Bidhaus shall not be liable for any shortfall of insurance coverage.
- Furniture and other large or fragile items cannot be shipped internationally. International Buyers are responsible for arranging shipping through a U.S.-based freight forwarder. Bidhaus will provide reasonable assistance in coordinating with the Buyer's chosen freight forwarder.
- Buyers are solely responsible for all customs duties, import taxes, tariffs, brokerage fees, and any other fees imposed by their country's customs authorities.
4.4 Local Pickup
- Local pickup is available by appointment only at our New York City fulfillment center. The Buyer must contact Bidhaus to schedule a pickup appointment within three (3) business days of payment receipt.
- If the Buyer fails to retrieve the Lot within the agreed timeframe, Bidhaus reserves the right to charge storage fees. If the Lot is not claimed within 90 days, it may be forfeited at Bidhaus's discretion.
4.5 Unauthorized Returns
- Definition: An unauthorized return is any return of a Lot to Bidhaus that has not been explicitly approved by Bidhaus in writing prior to the return shipment. Examples of unauthorized returns include, but are not limited to:
- Returns due to Buyer providing an incorrect or incomplete shipping address.
- Returns due to Buyer's failure to arrange for receipt of the shipment (e.g., no adult available to sign for delivery).
- Returns due to Buyer's refusal to accept delivery.
- Returns without prior authorization, regardless of the reason.
- Fees: In the event of an unauthorized return, the Buyer will be responsible for all costs associated with reshipping the Lot to the Buyer. These costs may include, but are not limited to, shipping fees, handling fees, and insurance.
- Forfeiture: If an unauthorized returned Lot remains unclaimed by the Buyer for a period of ninety (90) days from the date of its return to Bidhaus's facility, Bidhaus reserves the right to deem the Lot forfeited. In the event of forfeiture, the Buyer relinquishes all rights, title, and interest in the Lot, and Bidhaus may dispose of the Lot at its discretion. The Buyer will remain liable for any outstanding balance on the invoice, including any storage fees incurred.
4.6 Unclaimed Items
- In the event of non-payment of the full invoice amount, or if a Lot is not claimed by the Buyer within ninety (90) days of notification that the item is ready for pickup or shipment, the Lot may be forfeited at Bidhaus' sole discretion. The Buyer will remain liable for any outstanding balance on the invoice.
5. Item Descriptions
5.1 "As Is" Sale
- All Lots are sold "As Is, Where Is," with all faults and imperfections. Online photographs and descriptions are provided for informational purposes. These photographs and descriptions may not fully represent the Lot's actual condition, size, color, or other characteristics. Bidders are encouraged to request additional information or condition reports prior to bidding.
5.2 Condition Reports
- If provided, condition reports may use a rating scale of 1-10, where 1 represents very poor condition and 10 represents like-new condition. However, Bidhaus does not guarantee the accuracy or completeness of any condition report.
- Bidhaus may not disclose all minor flaws, imperfections, or signs of wear consistent with the age of the Lot.
- Color variations may occur due to variations in photography, lighting, and individual monitor settings.
5.3 Authenticity Guarantee
- Bidhaus offers a 100% money-back authenticity guarantee as stated in each lot description. To submit a claim, the buyer must provide clear and convincing proof of non-authenticity from the original manufacturer, an authorized dealer or repair center, or a reputable third-party authentication service approved by Bidhaus. Bidhaus reserves the right to select the authentication provider.
- Third-party authentication services, such as Entrupy, are available upon request, at the Buyer's expense, and subject to Bidhaus's approval.
5.4 Estimates
- Lot estimates, when provided, represent a range of potential values based on comparable sales of similar items. These estimates are intended as a guide for Bidders and are not a guarantee of the final sale price, the Lot's actual market value, or its appraised value. Bidders should not rely solely on estimates when determining their bid amount. Estimates are subjective and may be revised at any time.
5.5 Reserves
- Unless an auction catalog or individual Lot listing is explicitly listed as a “No Reserve” auction, many Lots may have a hidden reserve price. This is a confidential minimum price that the Consignor has authorized the Auctioneer to accept as the final winning bid. The Auctioneer may reject any bid that does not meet the reserve price.
6. Returns & Refunds
6.1 All Sales Final
- All sales are final. No refunds, returns, or exchanges will be accepted except as expressly provided in these Terms.
6.2 Restocking Fee
- In cases where a return is approved by Bidhaus, a restocking fee of 20% of the final purchase price (including the hammer price and Buyer’s Premium) will apply.
6.3 Cancellation Policy
- Accidental Bids: Requests to cancel bids placed in error must be submitted to Bidhaus Customer Support within 24 hours of placement. Bidhaus is not obligated to honor such requests and will evaluate their validity using available bidding and purchase verification methods.
- Suspicious Bidding Activity: Bidhaus reserves the right to cancel any bid or purchase at any time, without penalty, if Bidhaus suspects fraudulent or malicious activity, or if there are issues with the bidding process for the auction or Lot in question, as determined by Bidhaus in its sole discretion.
- Cancellation Options (If approved):
- The Buyer may choose to convert the purchase price (excluding the Processing Fee and Sales Tax) into store credit, which may be used for future out of auction purchases from Bidhaus. The store credit will be valid for one (1) year from the date of issuance.
- The Buyer may choose to pay the BP to receive a full refund of the purchase price. The payment of the BP must be made before the refund will be initiated.
- All cancellation requests are subject to review and approval by Bidhaus in its sole discretion.
6.4 Limited Exceptions
- Returns may be considered at Bidhaus's sole discretion, and only if the request is made in writing within 3 days of delivery and the Lot is significantly misdescribed. Significantly misdescribed items are limited to:
- Incorrect measurements that deviate by more than 10% from the listed dimensions.
- Materially different color that is demonstrably different from the photographs and description.
- Substantial damage or defects not disclosed in the Lot description or condition report.
- Incorrect material that is clearly and demonstrably different from the listed material.
- Misidentified Lot that is demonstrably different from the Lot description.
- Bidhaus will not consider returns for minor flaws, imperfections, or signs of wear consistent with the age of the Lot.
6.5 Item Availability
- Certain Lots may be offered for sale simultaneously on multiple platforms, including but not limited to online marketplaces and physical sales venues. While Bidhaus endeavors to maintain accurate inventory records, availability of a Lot cannot be guaranteed at the time of order processing.
- Bidhaus will make reasonable efforts to fulfill orders. In the rare event that a Lot is no longer available after a bid is accepted, Bidhaus may, at its discretion, offer the Buyer one of the following options:
- Replacement: The Buyer agrees to accept a replacement Lot of equal or greater value (an upgrade) at no additional cost. Bidhaus will determine, in its sole discretion, whether a replacement is suitable.
- Store Credit: If a suitable replacement cannot be identified, Bidhaus may issue a store credit (excluding the Processing Fee and Sales Tax) to the Buyer. The store credit will be valid for one (1) year from the date of issuance and can be used toward any future out of auction purchase from Bidhaus, as determined by Bidhaus.
- Refund: Refunds for unavailable Lots may be issued at the sole discretion of Bidhaus.
7. Warranties & Liability
7.1 Disclaimer of Warranties
- Except as expressly stated in these Terms or in the specific Lot description, neither Bidhaus nor its Consignors make any warranties or representations, express or implied, regarding the Lot, including, but not limited to: merchantability; fitness for a particular purpose; accuracy of descriptions; condition; size; quality; rarity; medium; authenticity (except as stated in 5.3 Authenticity Guarantee); provenance; period; origin; or historical significance.
- The absence of a condition report does not imply that a Lot is free of flaws or wear. References to specific defects do not exclude the possibility of other defects, damage, or repairs.
- Any condition statements or references to restoration, repair, or modifications are provided for informational purposes only and are expressions of opinion. They should not be relied upon as statements of fact. Bidders are strongly encouraged to conduct their own due diligence, including personal inspection or examination by a qualified representative, to verify the condition and characteristics of a Lot prior to bidding.
7.2 Statements of Opinion
- All statements made by Bidhaus or its representatives, whether oral or written, including but not limited to statements in the catalog, advertisements, invoices, or by the auctioneer, regarding a Lot are expressions of opinion only and should not be relied upon as factual representations or warranties.
7.3 Buyer's Responsibility
- Buyers are solely responsible for assessing the condition, details, and value of any Lot prior to bidding. By bidding, Buyers acknowledge they have inspected the Lot to their satisfaction or have chosen to bid without inspection.
8. Intellectual Property
8.1 Content
- All website content, including but not limited to text, images, logos, and software, is protected by copyright,trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution of any content is strictly prohibited without written consent from Bidhaus. All images, illustrations, written materials, digital content, and any other materials produced by or for Bidhaus, including but not limited to catalog content, website content, and marketing materials, remain the exclusive property of Bidhaus. These materials may not be used, reproduced, distributed, or modified in any manner without prior written consent from Bidhaus.
8.2 Copyright
- Bidhaus and its Consignors make no guarantee that the Buyer will obtain copyright, reproduction rights, or any other intellectual property rights to any Lot.
8.3 Rights to Reproduce Images
- Bidhaus reserves the right to reproduce, use, and display images of any Lot sold for any purpose, including but not limited for advertising, marketing, and cataloging.
9. Dispute Resolution
- Any dispute arising out of or relating to these Terms, the use of the website, participation in auctions, or the purchase of Lots shall be settled by binding arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) then in effect.
- The arbitration shall be conducted in English.
- The arbitrator shall be a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, one shall be appointed by the AAA.
- The arbitrator shall be empowered to award appropriate relief, including monetary damages and injunctive relief.
- The arbitrator shall not be empowered to award punitive damages.
- The prevailing party in any arbitration shall be entitled to recover from the non-prevailing party all reasonable costs and expenses of arbitration, including reasonable attorney's fees.
- Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
10. Modifications
- Bidhaus reserves the right to modify these Terms at any time without notice. Any changes will be effective immediately upon posting the revised Terms on the Bidhaus website or auction platform. It is the Buyer's responsibility to review these Terms periodically for any updates. Continued use of the website or participation in our auctions following the posting of revised Terms constitutes acceptance of those changes.
11. Category-Specific Disclaimers
11.1 Brand Representation
- Bidhaus is not affiliated with, nor an authorized representative or dealer of, any of the brand names listed for sale—whether items are described as used, vintage, pre-owned, or like new—either online or at auction.
11.2 Handbags & Accessories
- Unless explicitly stated in the Lot description, handbags and accessories may not include extras such as dust bags, original boxes, authenticity cards, manuals, or third-party authentication certificates.
- Third-party authentication services, such as Entrupy, are available upon request, at the Buyer's expense, and subject to Bidhaus's approval.
11.3 Jewelry
- Unless explicitly stated in the Lot description, jewelry items do not come with third-party appraisals or certifications. If a pre-auction report is provided through a third-party jewelry grading and valuation company, retail replacement value may be provided but does not constitute an estimate for resale, wholesale, or insurance replacement value.
- All rings are resizable unless they are signed by a designer or contain precious stones around the whole band. This information will be specified in the Lot description.
11.4 Watches
- Watches sold by Bidhaus do not come with a factory warranty. Bidhaus is not an authorized dealer/retailer of any watch brands.
- Unless explicitly stated in the Lot description, watches do not come with the original box and papers.
11.5 Furniture & Home Goods
- Lots described as vintage may exhibit signs of wear, age, and previous refinishing. Bidhaus makes no guarantees regarding the condition or restoration of vintage furniture and home goods.
- Bidhaus does not ship furniture and other large or fragile items internationally. International Buyers are responsible for arranging shipping through a U.S.-based freight forwarder. Bidhaus will provide reasonable assistance in coordinating with the Buyer's chosen freight forwarder.
- Shipping of furniture and home goods is estimated to take 2-8 weeks, depending on the item and destination.
- Local pickup of furniture and home goods is not available at Bidhaus's NYC fulfillment center.
12. Contact Information
- For additional inquiries, please email support@bidhaus.com.
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