ANYONE EITHER REGISTERING TO BID OR PLACING A BID (“BIDDER”) ACCEPTS THESE CONDITIONS OF SALE AND ENTERS INTO A LEGALLY, BINDING, ENFORCEABLE AGREEMENT WITH THE SPORTS MALL, LLC, COMPANY OF FLORIDA, DBA GAME DAY AUCTIONS (“GAME DAY AUCTIONS,” TOGETHER WITH BIDDER, THE “PARTIES”).
The following terms and conditions (“Conditions of Sale”) constitute the sole terms and conditions under which GAME DAY AUCTIONS will offer for sale and sell the property described in the catalog of items for auction (the “Catalog”). These Conditions of Sale constitute a binding agreement between the Parties with respect to the auction in which Bidder participates (the “Auction”). By bidding at the Auction, whether in person, through an agent or representative, by telephone, facsimile, online, absentee bid, or by any other form of bid or by any other means, Bidder acknowledges the thorough reading and understanding of all of these Conditions of Sale, all descriptions of items in the Catalog, and all matters incorporated herein by reference, and agrees to be fully bound thereby. This acknowledgement is a material term of these Conditions of Sale and of the consideration under which GAME DAY AUCTIONS agrees to these terms.
Bidding on Items. You must be a registered user to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges disclosed in the listing. If you are outbid, or your bid does not meet the seller’s reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract with the seller to buy the item, and to deliver payment within the time period specified. Your bids are final and non-retractable. Bidding begins immediately by phone and online. We are conduct online and on-site auctions. We will not accept e-mail bids. Bids will not be accepted from those persons under the age of eighteen (18) without written consent of said persons’ parent or legal guardian. Written consent must acknowledge the terms and conditions of sale. This written consent constitutes an agreement to be bound thereby on behalf of the bidder. GAME DAY AUCTIONS reserves the right to withdraw any property before the completion of the sale and will have no liability for doing so.
Minimum Bid. GAME DAY AUCTIONS will predetermine the number of item(s) in an auction. GAME DAY AUCTIONS will set the minimum bid on each item to be agreed upon by both GAME DAY AUCTIONS and Consignor or Company. The Minimum Bid, if not agreed upon, shall be approximately thirty percent (30%) of the retail value. The Minimum Bid is designed to encourage bidding. If an item is incorrectly described online, GAME DAY AUCTIONS reserves the right to rectify such error and email to all active bidders the correct description. For phone bidders, all corrections will be read over the phone to the prospective bidder. All items are offered subject to a reserve. The reserve is the confidential minimum price acceptable to the Consignor.
Extended Bidding. GAME DAY AUCTIONS uses an “extended bidding” process to close some of our auctions. This system is great for bidders in that every lot goes to the bidder who is really willing to pay the most for the item, and great for consignors in that each lot is really sold to the bidder who is willing to pay the most. Also, bidders also have the ability to transfer their purchasing power from one lot to another on all lots as they have been outbid. This is a great example of the reason to use an “extended bidding” closing style. This promotes higher prices, which is great for consignors, while at the same time allowing bidders to not get shut out, which is great for bidders. GAME DAY AUCTIONS reserves the right to end the auction at any time in extended bidding. Happy bidding.
Shipping/Damage. GAME DAY AUCTIONS will not be responsible for any item(s) that are not in GAME DAY AUCTIONS’s possession. It is recommended that the Consignors use a shipping company that will provide insurance for the item(s) for transit to GAME DAY AUCTIONS. GAME DAY AUCTIONS will maintain full property and liability insurance in the event there is theft or damage to the item(s). GAME DAY AUCTIONS will also insure that item(s) in GAME DAY AUCTIONS’ possession will be shipped insured back to Consignor or Bidder. In the event of theft or total damage to the item(s), GAME DAY AUCTIONS agrees to pay the Consignor the proceeds of the insurance coverage, less the commission due to GAME DAY AUCTIONS. Unless previously agreed upon, the insurance value (coverage) of any consigned item will be two (2) times the amount of the minimum bid set for the item(s) pursuant to this agreement.
Collections of Payment. GAME DAY AUCTIONS has no obligation to enforce or collect payment from any Bidder/Buyer. If any Bidder/Buyer does not pay GAME DAY AUCTIONS for any Item(s) within sixty (60) days after the end of an Auction, GAME DAY AUCTIONS has the right to offer the Item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the Consignor has the right to request GAME DAY AUCTIONS to return the Item(s) to the Consignor at Consignor’s expense, or Consignor has may choose to leave the Item(s) with GAME DAY AUCTIONS for placement in subsequent Auctions. If Consignor chooses to leave item with GAME DAY AUCTIONS for subsequent Auction, Consignor must put in writing to GAME DAY AUCTIONS that Consignor requests that the Item(s) be placed in the subsequent Auction.
Consignor Commissions. When indicated Consignor agrees to pay a commission to GAME DAY AUCTIONS a competitive market percentage of the successful bid price for each of the Item(s) or lot sold. Consignor will also be responsible, unless otherwise agreed upon, expenses of, but not limited to, restoration, grading fees, special authentication, etc.
Buyers Premium. GAME DAY AUCTIONS will also in some cases charge the Bidder/Buyer of the Item(s) a commission (Buyers Premium) of fifteen percent (15%) of the successful bid price of each of the Item(s) or lot sold during online only auctions
Payment. When GAME DAY AUCTIONS receives payment from Bidder/Buyer, within thirty (30) days GAME DAY AUCTIONS will remit to the Consignor the Net Proceeds for the Item(s). The Net Proceeds” consist of the amount of the total proceeds collected, less the commissions (both Consignor and Bidder/Buyer) and any expenses.
Consignor Ownership. Consignor warrants to GAME DAY AUCTIONS and Bidder/Buyer of the Item(s) that Consignor is the sole owner of the Item and the Item are free and clear of any liens or claims, and the Item sold to Bidder/Buyer will be free of liens or claims and Consignor has provided GAME DAY AUCTIONS with this information. Consignor agrees to indemnify the Bidder/Buyer and GAME DAY AUCTIONS harmless from any damages (including attorney fees) relating to the breach of your agreements in this Agreement. The warranties and indemnity will survive the completion of the transactions described in this Agreement.
Bid Shilling. It is agreed to by GAME DAY AUCTIONS and Consignor that neither Consignor nor anyone acting on Consignors behalf may bid on Item(s).
Authenticity. GAME DAY AUCTIONS may, at any time during an Auction, remove the Item(s) if there is any doubt to the authenticity of the Item(s). The Item(s) will be returned at the Consignors expense. Except in paragraph 4, Consignor may withdraw any Item(s) from GAME DAY AUCTIONS.
Counterfeit Item(s). Consignor agrees to allow GAME DAY AUCTIONS to rescind the sale of any Item(s) if GAME DAY AUCTIONS learns the Item(s) are inaccurately described or learn the Item(s) are counterfeit or forged. It GAME DAY AUCTIONS notifies the Consignor of such action, Consignor agrees to return to GAME DAY AUCTIONS any proceed paid to the Consignor and Item(s) will be returned to Consignor.
Dispute Resolution. Consignor and GAME DAY AUCTIONS agree that all disputes hereunder shall be resolved first, though mediation, and if unsuccessful, then though binding arbitration before a single arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The venue for mediation and arbitration shall be Pinellas County, Florida. Judgment of the arbitrator may be entered in any court having jurisdiction over the non-prevailing party. All legal fees will be the responsibility of non-prevailing party.
Comments. If you feel we have missed something, or the explanation is not clear enough, please contact us at firstname.lastname@example.org and we will email back promptly. Please include your specific questions or comments in the email, and if your questions are regarding a particular auction, include the title of the auction, or the item number in your email. We look forward to working with you.
Return Policy. All items are sold AS-IS and all sales are FINAL. Many of our auction items are already framed. Without removing the frame, it is impossible to know the condition of the areas not seen. GAME DAY AUCTIONS does not assume responsibility for the condition of areas hidden by the framing or matting on these specific item(s). For this reason, our catalog descriptions on these auction items are written extremely carefully, paying acute attention to detail.
Disclaimer. GAME DAY AUCTIONS is not responsible for computer or human error which may result in any customer dissatisfaction. We reserve the right to accept or reject any and all bids or bidders.