Last Updated: Sept 1, 2023
Please read this document carefully prior to bidding. These terms and conditions are referred to herein as (“Terms of Use”) or (“Term of Use Conditions”) which apply to users and potential
bidders and registered bidders and or users of the Wild Rick’s Auctions services (as further described herein) who wish to bid on items at auction advertised on our Website at
www.wildricksauctions.com (the “Website”) or (“Website”)
General
You agree and/or acknowledge you must be at least eighteen (18) years old to use our services, and by accessing, browsing, using the website and registering, you indicate that you have read and accept these terms of use. If you do not accept these terms of use, then do not use the Website or any of its content or services.
You agree and/or acknowledge the term “buyer,” “bidder, “successful bidder,” “user,” you”, or “your” refers to the individual or legal entity, as applicable, identified as the user and/or bidder when you register and create an account on our Website. If you disagree to be bound by the Terms of Use, you may not access or use the Website or the services offered.
You agree and/or acknowledge Wild Rick’s Auctions also is referred to herein as "WRA," "we," "us," and "our;" the terms "you" and "your", when used in these terms of use, means “the buyer,” “the successful bidder” and/or “bidder”.
You agree and/or acknowledge if you are accepting these terms of use on behalf of a corporation or other entity, you are representing and warrant that you have the necessary right and binding authority for the corporation or entity to enter/accept these terms of use on behalf of such corporation or entity.
You agree and/or acknowledge by using the website or our services in any manner, including but not limited to visiting or browsing the website, you agree to be bound to these terms of use, including those additional terms and policies referenced herein and/or available by hyperlink. These terms of use conditions apply to all users of the website, including, without limitation, users who are vendors, customers, merchants, contributors of content, information and other materials or services on the website.
You agree and/or acknowledge Wild Rick’s Auctions reserves the right to reject any bid. The highest bidder acknowledged by Wild Rick’s Auctions shall be the successful bidder. In the event of any dispute between the bidders, or in the event of doubt on Wild Rick’s Auction’s part as validity of any bid, Wild Rick’s Auctions will have the final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sale record is conclusive.
Keeping Your Information Updated
You agree and/or acknowledge you are required to keep your account updated with current contact information, including your email address.
Behaviour and attitude
Wild Rick’s Auctions is committed to our clients and employees to provide a safe marketplace and workspace. Therefore, you agree and/or acknowledge any abusive or threatening statements or behaviour, or other actions deemed inappropriate may lead to revocation of all bidding privileges and closure of accounts of those responsible without notice. We are committed to ensuring that everyone is treated with courtesy and respect.
Consignors
For those interested in consigning with us, please contact Wild Rick’s Auctions to receive the terms applicable for consigners.
Amendments
You agree and/or acknowledge we reserve the right to change these Terms of Use at anytime. If we decide to change the Terms of Use in the future, we will post an appropriate notice on our website. The date on which the latest amendment was made is indicated at the top of this document. Your continued use of the Website and Our Services signifies your acceptance of any changes. Please check the website from time to time to ensure you are aware of the current terms of use.
Buyers Premium
You agree and/or acknowledge. If you are the winner on any item(s) after an auction closes, we charge the credit card of the highest bid price plus an 18% BUYER’s PREMIUM and applicable retail sales taxes on top. A pre-authorization (hold) for $1.00 is done to validate the credit card(s) on file but this hold will drop after a few days (as it is not a charge).
Items purchased
You agree and/or acknowledge to inspect the items at pickup (and preview if available) and IMMEDIATELY inform the Wild Rick’s Auctions team member or Consigner/Seller where applicable of any issues related to mis-cataloging.
You further agree and acknowledge you will not be entitled to possession of any of the said lot(s) purchased until the total purchase price of all the lot(s) have been fully paid. In the event that the you fail to pay the full purchase price for any lot(s) with the prescribed time, or fails to comply with any of the "Terms of Sale", you may be sent to collections and/or shall be subject to a court action for payment without notice.
By leaving from the pickup site, you are deemed to have all your items and that you are satisfied with them. No claims are permitted after removing items from the premises as item condition issues cannot be validated once items are released into your possession. If required, bring an expert to validate purchases at pickup. We are not responsible for the acts or omissions of the Seller.
No Warranty
You agree and/or acknowledge Wild Rick’s Auctions, Wild Rick’s Auctions subsidiaries, officers, directors, employees, and Wild Rick’s Auctions suppliers provide Wild Rick’s Auctions website and services “as is” and without any warranty or condition, express, implied or statutory.
You agree and/or acknowledge Wild Rick’s Auctions, Wild Rick’s Auction subsidiaries, officers, directors, employees and Wild Rick’s Auction suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Wild Rick’s Auctions shall create any warranty. Some provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Condition of Items purchased
You agree and/or acknowledge all items/property is sold "AS IS", "WHERE IS" without any representations or warranties by Wild Rick’s Auctions or the consignor/seller of the item/property being sold as to merchantability, fitness for a particular purpose, the correctness of any catalogue or other description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any property and no statement anywhere, whether oral or written, whether made in the catalogue, an advertisement, a bill of sale, a salesroom posting, or announcement, or elsewhere, shall be deemed such a warranty, representation or assumption of liability.
Neither Wild Rick’s Auctions nor the Consignor make any representations or warranties, express or implied, as to whether the Purchaser acquires any copyrights, including but not limited to any reproduction rights in any property. Neither Wild Rick’s Auctions nor the Consignor shall be responsible for errors and omissions on Wild Rick’s Auction’s website, in any catalogue, glossary or any supplemental material.
Furthermore, you also agree and/or acknowledge We do not guarantee the safety or regulatory compliance of any items, which may include infant and child products. UNLESS authentication is provided, all items are sold without a Certificate Of Authenticity. Buyer beware.
Invoicing
Invoices for the winning bidders will be sent to them shortly after closing. Invoices not paid in full prior to the start of pickup will mean the purchased lots are considered abandoned and may be dispersed in any way the seller and/or we deem appropriate.
You will be prohibited from bidding on future auctions until such time as your account is in good standing with Wild Rick’s Auctions.
Email Notifications
You agree and/or acknowledge you may receive emails regarding changes/updates to listings, pickup information, invoices, etc. You can choose to receive outbid notifications by email. These notifications are sometimes delayed and may not be received in time to rebid and Wild Rick’s Auctions will bear no liability to you or anyone else in connection with any delayed or undelivered notification, which may result in loss of bidding on an item in the final minutes of the auction.
Indemnification:
You agree and/or acknowledge you will indemnify and hold us, our affiliates, our and our affiliates’ successors and assigns, and each of our and their equity owners, directors, officers, employees, agents and other representatives, harmless from any expenses, including reasonable attorney’s fees and court costs, losses or damages arising from or relating to:
- your breach of any of your representations, warranties or obligations under these Terms of Use;
- your violation of any law or the rights of any third party;
- your negligent acts or omissions,
- the Seller’s breach of any of their representations, warranties or obligations to you; or
- any third party’s violation of any law or rights.
Guarantee of Operations
You agree and/or acknowledge Wild Rick’s Auction does not guarantee continuous, uninterrupted access to the website, and the operation of the website may be interfered with by numerous factors outside our control. In addition, you also agree and/or acknowledge we do not warrant that our online bidding services will be uninterrupted or error-free or that errors in software or online content will be corrected.
Addition(s) To or Removal from Sale
You agree and/or acknowledge we may add lots (or items to lots) and remove lots (or items from lots) at any time during and after the auction. You further agree that we reserve the right to reset any bid(s) on a lot in an auction at our sole discretion in the event there is a material change to a lot that will impact the value of the item.
Resolution of Disputes and Release
You agree and/or acknowledge in the event that you were the successful bidder of an item listed and sold with the terms “as is, where is” or “in its present condition” no disputes or claims will be accepted and you are bound to complete the transaction.
You agree and/or acknowledge in the event that you were the successful bidder of an item not listed and sold with the terms “as is, where is” or “in its present condition” and dispute arises in relation to a purchase you have made through our services, you will contact us with details of the item you bid on, the applicable consignor/Seller and the details of the complaint to see if we can help with a resolution. You further agree and/or acknowledge we will try and resolve any dispute however we use sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that Wild Rick’s Auctions attempts to resolve a dispute, Wild Rick’s Auctions will do so in good faith based solely on our policies.
If we find a breach of any of our policies applicable to the dispute, you agree and/or acknowledge we may revoke any future buyers and sellers’ privileges. Wild Rick’s Auctions will not make judgments regarding legal issues or claims.
If your dispute persists, you agree and/or acknowledge to release Wild Rick’s Auctions (and Wild Rick’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event a dispute arises between you and Wild Rick’s Auctions, please email admin@wildricksauctions.com
Privacy
You agree and/or acknowledge Wild Rick’s Auctions will not sell or disclose your personal information (as defined in our Privacy Policy) to third parties without your explicit consent. An exception to this policy we may disclose your Personal Information to third parties (including, but not limited to, law enforcement or other governmental authorities) without your consent or notification to you.
Agreement
You agree and/or acknowledge these Terms of Use, together with Wild Rick’s Privacy Policy and any other documents or guidelines incorporated by reference into these Terms of Use, constitutes the entire agreement between users who are Buyers and Wild Rick’s Auctions to the Website, our services and all related activities.
You agree and/or acknowledge these Terms of Use, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Wild Ricks Auctions in connection with the Services. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.
Severability
You agree and/or acknowledge If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
Changes to Current live auctions
You agree and/or acknowledge we may add lots (or items to lots) and remove lots (or items from lots) at any time during and after the auction. Keep in this mind an rare occurrence. (see also Bid Reset).
Bid Reset
You agree and/or acknowledge that we reserve the right to reset bids on a lot in an auction if, in Wild Rick’s Auctions sole discretion, there is a material change(s) to the lot that will impact the value of the item.
