Terms & Conditions

Please review our policy and terms documents below.

Updated April 25, 2020

This privacy policy (“Privacy Policy”) tells you how we use your information when you use our Auction Experience Management Platform on the website(s) (the “Site”) and mobile application(s) (the “Application”) made available by Auction Mobility LLC (“we,” “us” or “our”) on behalf of SHENBERG AUCTION (the “Auction House”). Our Terms of Use and the Auction House’s Conditions of Sale are incorporated by reference.

The Site and Application allow you to, among other things use your computer or mobile device(s) to place bids and monitor live auctions (collectively, the “Services”). Pursuant to our agreement with the Auction House, the Auction House is the owner of any information collected through the Site, and we act as a processor. This Privacy Policy is only applicable when users access the Site and the Application and may not be applicable to information collected by the Auction House in other channels (for example, valuation services, subscriptions to catalogues, telephone bid transactions, etc.). We share your information with the Auction House, and by conducting a transaction using the Application, you consent to that sharing. The Auction House may have their own privacy policy, please consult the Auction House’s privacy policy for information on how the Auction House uses it. Auction House Privacy Policy

What types of information does the Site and the Application collect?
How do you use my information and how long do you keep it?
How do you share my information with others?
How do I change or delete my Personal Data?
How do you protect my information?
How do the Services use cookies or other technologies?
Effective Date; Policy Changes
Notice to California Residents
Notice to Nevada Residents
For Users Located in the European Economic Area (including the United Kingdom)
Contact Us

What types of information does the Site and the Application collect?

We collect and store information that you voluntarily provide to us as well as data related to your use of the Site and Application.

When you register with us and use the Services, we ask that you provide your name, email address, user name and password. You can also choose to provide us with additional information, such as a contact phone number. All of the information listed in this paragraph is collectively referred to as your “Personal Data”. This Personal Data is necessary to provide you with the Application and we are processing this Personal Data in accordance with your request.

If you choose to purchase an item at auction, your payment information is processed by a third party payment processor. Please carefully read the section titled “Processing Payments for Auction Items” below. All payment information is necessary to process for the purpose of completing the transaction that you have requested with the Auction House.

The Application can also provide you with push notifications of upcoming events, such as sales or auctions. You can opt out of receiving push notifications at any time by using the settings on your mobile device. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

In addition, we automatically collect certain information and analytical data related to your use of the Site and Application (“Usage Information”). In the aggregate, this Usage Information is non-personally identifiable or anonymous information about you, including the date and time of your visit, the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, location and the features of our Application you accessed (collectively “Aggregate Information”). This Aggregate Information is in no way associated with your Personal Data. Usage Information is necessary for the operation and optimization of the Site and the Application.

How do you use my information, and how long do you keep it?

We use collected information, including Personal Data, to make available and to improve our high standard of reliable services. We use such information to:

respond to inquiries or service requests and monitor such responses;
provide information about and market our products or services;
enable transactions conducted between you and the Auction House using the Application;
resolve problems; and
manage the Site and Application and assess usage of the Services.

We will retain Personal Data for as long as you continue to use the Site and/or Application and as long as is necessary thereafter to meet our obligations to the Auction House or other legal obligations. We will retain Aggregate Information for up to 24 months.

We host the Site and Application and provide the Services in connection with and on behalf of the Auction House. We do not sell or rent your Personal Data to third parties. .We share your Individual Information and Usage Information with the Auction House for their business purposes, including marketing purposes. The Auction House may have its own privacy policy and you should consult that for information on how the Auction House uses it.

The ways we may share your Personal Data are outlined below.

Processing Payments for Auction Items

We use third-party credit card processors to process payments for auction items that you choose to make through the Services. To make this possible, your name, billing address and order total are shared via secure (encrypted) means with our third-party payment processors for the sole purpose of completing your order. Please note that your credit card information (number, expiration date, security code) is stored by the third party payment processor and not us. We have entered into agreements (including data processing agreements for our users located in the European Economic Area) with our payment processors to protect and secure your information. If you would like information on our payment processors, please contact us at legal@auctionmobility.com.

Service Providers

We may disclose Personal Data to our third party service providers to provide you with the Services, including our third party payment processor. We share Aggregate Information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our Site, Application and Services.

Legal Processes

We may disclose information, including Personal Data, which we believe is appropriate to protect our rights, or to cooperate in investigations of fraud or other illegal or inappropriate activity or in response to a subpoena, court order or other comparable legal process. If a subpoena seeks information about an identified user or limited group of users, we’ll make reasonable business efforts, if permitted, to contact the user(s) before providing information to the party that requests it. We cannot guarantee that we will be able to contact the user(s) in all cases.

We may disclose Personal Data to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you) and may request identity verification before disclosing Personal Data in such a case.

As with any other business, it is possible that in the future we could merge with or be purchased by another company. If we are acquired, the company that acquires us would have access to the information maintained by us, including Personal Data, but would continue to be bound by this Privacy Policy unless and until it is amended.

Aggregate Information

We are not limited in our use of Aggregate Information that does not permit direct association with any specific individual, or non-identifiable aggregate information about our users (such as the number of users of our Services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

How do I change, delete or access my Personal Data?

You may view, change, or access your Personal Data at any time by logging into the Services and changing your account information. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at legal@auctionmobility.com and we will forward your request to the Auction House.

How do you protect my information?

We have implemented industry standard information security practices including administrative, physical, and technical measures to protect your Personal Data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction. The security of your account relies on your protection of your password and mobile device(s). You are responsible for maintaining the security of your password. You are solely responsible for any and all activities that occur under your account or on your mobile device. You may not share your password or Services account with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site or the Application interface. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately at legal@auctionmobility.com. You must promptly notify us if you become aware that any information provided by or submitted to in connection with the Services is lost, stolen, or used without permission.

If you have general concerns or questions regarding the security of information collected, processed or stored by the Site and/or Application, you can contact us at legal@auctionmobility.com.

How do the Services use cookies or other technologies?

We collect certain information about your mobile device automatically, such as the type of mobile device you use, your mobile device’s unique device ID, the Internet Protocol (IP) address of your mobile device, your mobile device operating system, location, the type of mobile device Internet browser you use, and information about the way you use the Application. If you prefer, you can program your mobile device so that it does not store this information while utilizing the Applications. Certain Application features may only be available through the collection and use of this type of “cache data”. We may use cache data to assist in data collection and to track Application usage and trends to help us better serve you.

We may use third party analytics services on our website, such as Google Analytics. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to analyze use of our website. To disable Google Analytics, please download the browser add-on for the deactivation of Google Analytics provided by Google at Google Analytics Guide. We use this information only to improve the Services, but do not combine it with personally identifiable information. See our Cookie Policy for further information on our use of cookies.

Effective Date; Policy Changes

Each time you use the Services, the current version of the Policy will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top of the Policy) and review any changes since the last version. Our business changes frequently and this Policy is subject to change from time to time. Unless stated otherwise, our current Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of Personal Data collected in the past without the consent of affected customers.

Notice to California Residents

California Civil Code Section 1798.83, known as the “Shine the Light” act, permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us via email at legal@auctionmobility.com or by mail at:

Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478

Under the California Consumer Privacy Act (“CCPA”), Auction Mobility is a “service provider” to the Auction House. The CCPA grants California residents certain rights with respect to disclosure, access, and deletion of personal information collected by a covered business. If you are a California resident with questions about your rights and personal information under CCPA, please contact the Auction House and we will cooperate with the Auction House to address your requests.

Notice to Nevada Residents

We do not sell, rent, or otherwise share your data to any third-party for a business or commercial purpose, other than the Auction House. By establishing an account via the Auction Mobility Site and the Application, you specifically consent to such disclosure. Pursuant to Section 603A of the Nevada Revised Statutes, residents of Nevada may, at any time, submit a request to an operator of a website in Nevada directing the operator not to make any sale of any personal information the operator has collected or will collect about the consumer. If you are a Nevada resident and want to opt-out of the sale of any personal information at any future time, please submit an email request to legal@auctionmobility.com. In your request, please specify that you want to “Opt-Out of Sale of Personal Information in Nevada.” Please allow 60 days for a response.

For Users Located in the European Economic Area (EEA) or the United Kingdom

If you are located in the EEA or the United Kingdom, you are entitled to certain information regarding your Personal Data and our legal basis for collecting and processing such Personal Data.

Purpose	Examples of Personal Data (please note that the list is not exhaustive)	Legal grounds for processing
To provide you with requested services (for example, bidding, shipping, payment)	Name, contact details (including email address, postal address, telephone number)Your payment card detailsRecords of your communications with use (including bidding instructions recorded in online bidding logs)	Performance of a contract
Performance of a contract	Details of your past transactions (including any tax paid or tax withheld) and/or shipments (including any permits obtained or duties paid)Any information relating to a dispute or legal proceeding	Compliance with a legal obligation
To provide you with details about upcoming auctions or other events from the Auction House	Your name, email addressYour marketing and communication preferences (in your Auction House account)	Legitimate interests
To monitor the performance of our Site and Application and make your user experience better	Your IP addressYour browser type, device ID, and operating systemThe resources your access on your Auction House account and the ServicesThe data obtained from cookies, web logs, and other similar technologies that monitor the use of our Site and Application (please see our Cookies Policy)	Legitimate interests

Rights of EEA and United Kingdom residents

You may have rights of access, correction, or deletion of your Personal Data. You may access or correct Personal Data at any time through your Auction House account. If you’d like to delete your Individual Information that you have provided in connection with the Services, please contact us at legal@auctionmobility.com and we will forward your request to the Auction House. For all other data subject requests under the General Data Protection Regulation (or comparable UK data protection law), we will cooperate with the Auction House as the controller of your Personal Data.

Is my Personal Data transferred out of the EEA or the United Kingdom?

We are located in the United States and provide our Services from the United States, and as such, your Personal Data will be held in our servers located in the United States. The United States does not have the same data protection laws as in the EEA or the United Kingdom.

We provide the Services to the Auction House as a data processor pursuant to instructions and a data processing agreement, including the EU Commission approved “standard contractual clauses.” More details about typical standard clauses can be found here. Auction Mobility complies with the EU-US Privacy Shield Framework as set for the by US Department of Commerce regarding the collection, use, and retention of your Individual Information transferred from the European Union and the United Kingdom to the United States. To read Auction Mobility’s Privacy Shield Statement click here. To learn more about the Privacy Shield program, and to view Auction Mobility’s certification, please visit https://www.privacyshield.gov/list and search for Auction Mobility LLC.

Contact Us

To contact us with your questions or comments regarding this Policy or the information collection and dissemination practices of the Application, please email us at legal@auctionmobility.com or contact us by mail at:

Auction Mobility LLC
464 Common Street, Suite 326
Belmont MA 02478

If you have questions about the Auction House’s use of your Personal Data, please refer to the Auction House’s privacy policy and contact the Auction House directly.

General Conditions of Sale

TERMS AND CONDITIONS FOR THE EXECUTION OF SHENBERG AUCTION ONLINE AUCTION

GENERAL PROVISIONS

1. The Terms and Conditions for the execution of SHENBERG AUCTION online auction (hereinafter referred to as the Terms and Conditions) determine the procedure for organising and execution of the online auction SHENBERG AUCTION (hereinafter referred to as the Auction).

2. The purpose of the auctions is to sell to the Bidders numismatic and phaleristics items and paper money, as well as other antique items, selected by the Organiser and provided to the Auction. Batches of these items are set at the Organiser’s discretion and are referred to below as a lot/lots. One lot consists of one or more items specified in this paragraph of the Terms and Conditions, which are combined to a lot by the Organiser at his/her own discretion after assessing the interconnectedness and overall (collection) demand of the items.

3. Auctions are organised and executed by SHENBERG AUCTION LTD legal entity established under the laws of the Republic of United Kingdom ; Company name . 15959476, registered address 14 ANDERSON AVENUE CHELMSFORD ENGLAND CM1 2BZ (hereinafter referred to as the Organiser).

4. The trade in the Auction is carried out online at rcoinstore.com (hereinafter referred to as the Website).

5. Natural persons over 18 years of age and legal entities (hereinafter referred to as the Bidders) can participate in the Auction.

6. All persons who are willing to participate in the Auction can familiarise themselves with the lots provided for the Auction at the Organiser’s office (PILS LAUKUMS 4 , Rīga, Latvia LV-1050) during the whole duration of the Auction, on working days, after agreeing on the time for familiarisation in advance with the person authorised by the Organiser.

https://calendly.com/coinstore_meet/30min
(Table for reserving time, information is updated every week.)

7. Bidders cannot make any claims or objections to the condition of the lot/lots during the auction or payment for the purchased lot/lots referring to the fact that they have not been familiarised with them (lots) or because the Organiser did not provide information on the lots being sold at the Auction.

8. The condition of participation and purchase of lot/lots in the Auctions is the completion of the procedure of registration of the potential Bidder (a person willing to participate in the Auction) on the Organiser’s Website.

9. Bidder registration is free and must be completed in order to participate in the Auction and purchase the lot/lots.

10. Registration takes place on the relevant page “Bidder Registration” of the Organiser’s Website where a potential bidder (registrant) must provide his/her personal data, such as name, surname, as well as his/her contact information, such as email, to which the Bidder wishes to receive all information related to the organisation and execution of the Auctions and a telephone number for the Organiser to contact the Bidder. A potential bidder (registrant) should create a username and password, which, once entered in relevant fields, shall enable him/her to log in and enter his/her ‘private office’. In addition, the registration should include the exact address (country, city, postal code, street, house and apartment numbers) at which the lot/lots purchased/won by the Bidder can be delivered. If the Bidder does not provide the exact address, as well as the full name of the recipient of the dispatch (lot/lots), the lot/lots purchased/won by the Bidder shall not be dispatched.

11. The personal data referred to in paragraph 10 of the Terms and Conditions shall be processed and stored in accordance with the legal acts regulating the processing and storage of personal data and shall not be disclosed or provided to third parties.

12. On the relevant page ‘Bidder Registration’ of the Organiser’s Website, a potential Bidder (registrant) should confirm in a specified line that he/she has read and agreed with the conditions set out in the Terms and Conditions and other documents related to the organisation and execution of the Auction. At the same time, by marking his/her consent to the Terms and Conditions of the Auction, the potential Bidder confirms that he/she is over 18 years of age.

13. Successful registration of a potential Auction Bidder shall be confirmed by a notice of the Organiser, which shall be sent to the Bidder’s email. This notice means that the person who has registered himself/herself becomes a Bidder, he/she is given bid limit and is aware of and, without exception, agrees that his/her personal data will be managed by the Organiser when organising and performing the Auction. Successful registration of a potential Auction bidder also means that the Bidder agrees to all Terms and Conditions of the Auction organisation and execution, including conditions of the payment and delivery of the purchased/won lot/lots, receipt of notices (including informational content thereof) by the Bidder’s email. The Bidder can unsubscribe to the Organiser’s newsletters at any time.

14. The Bidder is not advised to disclose his/her personal data and other data specified in paragraph 10 of the Terms and Conditions (including username and password) to any third parties. The Bidder shall be responsible for the protection of these data. Any bet made using a username and password created by a Bidder through its “private office” shall be considered a Bidder’s bet. If the Bidder suspects that the username and password that he/she has created may have been accessed or disclosed to third parties, the Bidder should immediately inform the Organiser who in turn shall block access to the Bidder’s “private room”.

15. In order to submit bids for the Auction, the Bidder should obtain activation of his/her personal entry on the Organiser’s Website.

16. The Organiser has the right to call by the telephone number specified by the Bidder. If the person who answers this telephone does not confirm all or part of the data provided by the Bidder in the course of his/her registration, the Organiser shall cancel the registration of such Bidder and shall not give access to the Auctions. The Organiser should cancel the Bidder’s registration if the voice of the person who answers the telephone gives doubts about the capacity of the potential Bidder, his/her age, etc.

17. The Organiser reserves the right to cancel the Bidder’s registration or prohibit further participation in the Auctions without any explanation.

TRADING AT AUCTIONS

18. The official language of the Auction is English. When a Bidder uses a Chrome browser, it (the browser) enables him/her to automatically translate texts into the language the Bidder understands. Prices of the lot/lots are provided in Euro. The lot/lots shall be purchased in Euro.

19. By publishing the online Auction directory on the Website, the Bidders permitted to bid can offer their prices (place bets).

20. The minimum auction step is provided in the table below:

From	To	Increments
0	20	1
20	70	2
70	200	5
200	500	10
500	1000	25
1000	2000	50
2000	5000	100
5000	10000	250
10000	50000	500
50000	And up	1000

TIME OF THE AUCTION

21. The Auction is announced on the Organiser’s Website. The announcement shall state as follow:

All lots to be auctioned with the starting price per lot.

Starting time of automatic (non-live) betting at the Auction.

Starting time of live betting at the Auction which means live bets on the first lot in the auction shall be accepted in real time from the specified time.

22. The time specified in paragraph 21.2 and paragraph 21.3 of the Terms and Conditions, as well as other time used in the Auction shall be given in hours and minutes or in hours, minutes and seconds. If the time is given in hours and minutes, all actions up to and including the last second of that minute shall be considered completed on time. If the time is given in hours, minutes and seconds, all actions up to the last thousandth of a given second (0.999) shall be considered as completed on time.

23. If no new bets are placed within 10 seconds of the live bets on the Auction, bets shall be no longer accepted and the lot shall be closed. If at least one bet (bid) has been received within 10 seconds of the start of the live bets on the Auction, the trading of that lot shall be automatically renewed for other 10 seconds from the time (moment) of placing this bid and during this additional time Auction Bidders can bid (offer prices per lot). The winner of this lot is the bidder who offered the highest price (highest bidder).

24. Bets on the other lots are completed (stopped) in a row, i. e. before bets on one lot are not completed, bets on the other lots are not completed (not stopped) as well. The time interval between closing lots is 10 seconds.

25. Due to technical problems caused by actions of third parties or force majeure that have affected the normal operation of the Website during the execution and closing of the Auction, the Organiser has the right to:

Cancel the Auction results.

Until the lot winner is announced, remove any lot from the Auction at his/her (the Organiser’s) discretion.

PARTICIPATION IN THE AUCTION AND ITS EXECUTION

26. To participate in the online auction, the Bidder should meet the following conditions:

If the Organiser remark the relevant page of the Website, the Bidder is entitled to participate in the Auction.

The Bidder has successfully completed his/her identity verification (authorisation), i.e. has logged in to the Organiser’s Website by using his/her (the Bidder’s) own username and password and entered his/her ‘private office’.

The Bidder proceeded the lot/lots page that he/she is interested in.

27. Bidders can increase (place) bids for the lot automatically (non-live) or live.

28. The Bidders can make bets (increase bids) automatically (non-live) at the start of the automatic (non-live) bets at the Auction as specified in the Auction announcement. When placing bets automatically (non-live), the Auction Bidders use the Autobid button on the Organiser’s Website, clicking of which, as well as the actions of a Bidder described in paragraph 35 of the Terms and Conditions mean that a Bidder increases a bid (bets) automatically (non-live).

29. The Bidders can make bets (increase bids) in live manner at the start of these bets at the Auction as specified in the Auction announcement. When placing bets (increasing a bid) in a live manner, the Auction Bidders use the Place Bid button on the Organiser’s Website, clicking of which, as well as the actions of a Bidder described in paragraph 33 and paragraph 34 of the Terms and Conditions mean that a Bidder increases a bid (bets) in a live manner.

30. Actions described in paragraph 28 or paragraph 29 of the Terms and Conditions means that the Bidder unconditionally and irrevocably agrees to purchase the lot displayed at the Auction at the price announced by the Bidder. By following the steps described in paragraph 28 or paragraph 29 of the Terms and Conditions, the Bidder also agrees with the commission fee and the delivery price of the winning lot set by the Organiser.

31. The lot for which a Bidder has placed a bid, either in automated (non-live) or live manner, goes to My Bids.

32. If a Bidder clicks the asterisk button (‘*’ Watching’) on the particular lot page of the Auction Website, then this lot shall go to the Watched Lots section of the lot.

33. If the price is increased in live manner, the Bidder shall bid for the lot being sold, which cannot be lower than the initial sale price of this lot set by the Organiser.

34. Other Bidders can only offer a higher price per lot live but each bid increase shall be within the range specified in the column ‘Step, in Euro’ of the table as specified in paragraph 20 of these Terms and Conditions (hereinafter referred to as the Step). When placing bets live, the Auction Bidder can set a higher price increase interval than one Step. During the Auction, its Bidders see the lowest price in Euros they can bid to win the Auction. Until the end of the Auction, the same Bidder can increase the price for an unlimited number of times. The Auction shows the highest bid for the lot being sold at the time.

35. If the price is increased automatically (non-live), the Bidder shall indicate his/her highest bid price, which shall be equal or at least one Step higher than the starting lot price set by the Organiser or the higher price already offered by another bidder in the Auction. The interval for automatic (non-live) price increase is one Step. By automatically increasing the price, the Bidder at the Auction can set a higher price increase interval than one Step. If the price is increased automatically (non-live), the starting price offered by the Bidder shall be displayed, which shall remain until the other Bidder offers a higher bid for the lot. If the other Bidder offers a higher bid, the price of the Bidder who has set the automatic (non-live) price increase shall be automatically increased in the interval specified by this Bidder (by one or more steps) until the price of the other Bidder exceeds the highest price of the Bidder who bid automatically.

36. If the Bidder, who is bidding live, offers the same price as the other bidder who bids automatically (non-live), then the bid of the Bidder who has previously increased his/her bid live shall be shown and it shall become the bid of the lot being sold at that time. This price can be increased by offering a higher bid live or by bidding higher than the current maximum bid automatically (non-live).

37. Until the end of the Auction, any Bidder can set an automatic bid increase or increase the highest bid previously set automatically (non-live). A Bidder cannot reduce the bid previously set automatically. A Bidder who raises his/her bid live cannot lower the bid.

38. The Winning Bidder shall be the Bidder who offered the highest bid. The bid price of the winning Bidder and the commission set by the Organiser, as well as the standard lot delivery costs, shall be the final price paid by the winning Bidder in accordance with Section 6 of the Terms and Conditions (hereinafter referred to as a Winning Bidder).

39. At the end of the Auction, the Website shall display the prices offered by each Winning Bidder per lot.

40. The Organiser’s Website software will automatically send notifications to the emails specified by the Winning Bidders. The notice to the Winning Bidder will specify all the lots he/she has won with the prices and separately the commission fee and standard lot delivery costs set by the Organiser.

VI. PAYMENT FOR WINNING LOTS,

ISSUE AND DELIVERY OF WINNING LOTS

41. The Organiser’s commission fee is 24 % of the winer bid in the Auction.

42. The Winning Bidder should pay for the lot and the commission fee specified in paragraph 41 of the Terms and Conditions within 14 calendar days after the end of the Auction.

43. Payment shall be made at the choice of the Bidder either by cash at the Organiser’s office, by transfer to the Organiser’s bank account or by credit card. Payment shall be based on the invoice issued by the Organiser in accordance with the results of the Auction.

44. If the Winning Bidder fails to pay the Organizer or agree with the Organizer regarding the postponement of the payment term in the procedure set forth in paragraph 43 of the Terms and Conditions, the Organizer can cancel the winning of such Winning Bidder. In the event of cancellation of the win, the Organizer shall declare the auction of this lot to be unsuccessful and can, at his/her own discretion, display the unpaid lot in other auctions or return the lot to its owner.

45. When sending the lot/lots to the Winning Bidder, the Organiser will use the dispatch delivery services provided by Ups Global Shipping unless the Winning Bidder after the Auction, within 10 calendar days sends an email from his/her email to the Organiser’s email info@v to inform the Organiser about the other method of picking up or sending a dispatch (lot/lots) specified in paragraph 45.1, paragraph 45.2 and paragraph 45.3 of the Terms and Conditions, namely:Taken in person at the Organiser’s office.By handing over to the person specified by the Winning Bidder. The Winning Bidder shall forward the personal data of the Winning Bidder to the Organiser by email. All risks related to handing over the lot/lots to the person specified by the Winning Bidder shall be borne by the Winning Bidder. The Winning Bidder can choose the courier service himself/herself and notify the Organiser of it by email. The Winning Bidder email should include the name of the courier service and other details relating to the delivery of the dispatch to the courier service. All risks related to the dispatch (lot/lots) from the moment when it (the dispatch) was handed over by the Organiser to the courier or postal services shall be assumed by the Winning Bidder.

46. The Winning Bidder willing to insure the dispatch shall send a request for it to the Organiser’s email. Upon receipt of this request, the Organiser shall send a summary price of the insurance costs of the dispatch (lot/lots) to the Winning Bidder’s email. Insurance costs (prices) for each dispatch shall be calculated separately. Thus, upon delivery of a dispatch (lot/lots), lot/lots shall be fully insured against theft, damage and/or destruction. The dispatch with lot/lots shall be insured by the Organiser. The insurance contract shall enter into force and the delivery of a dispatch with lot/lots shall be started only after the Winning Bidder pays to the Organiser his/her specified price for the delivery services which includes the dispatch insurance and delivery costs.

Maximum insurance amount 41,000 euros, 2% of the insurance amount is required

47. After sending the lot/lots, the Organiser shall send a notification to the Winning Bidder’s email stating the details (registration number, etc.) identifying the dispatch.

48. Issue of lot/lots to the Winning Bidder or a person selected by him/her or the dispatch shall be started only after the Winning Bidder has paid the whole sum of the invoice issued by the Organiser.

49. If necessary, the Organiser can draw up the documents permitting the export of the lot/lots if the lot/lots is/are to be shipped (transported) outside the territory of the Republic of Latvia. The dispatch (transportation) of lots purchased at the Auction without the documents permitting the export shall only be possible in the territory of the Republic of Latvia. When formalising the documents permitting the export of lot/lots, the calculation of issue, delivery of all lot/lots and other deadlines provided in these Terms and Conditions shall be suspended. The calculation of terms shall be renewed once the documents permitting export of the lot/lots have been completed.

50. The Winning Bidder should pick up the insured dispatch (lot/lots) insured according to the procedure established in paragraph 46 of the Terms and Conditions personally and check that the package is not damaged in the presence of a courier service representative. In the event of any damage of the package, the Winning Bidder should immediately notify the Organiser of it and, together with the representative of courier service, draw up a report on the damage of the package.

51. Failure of the Winning Bidder to comply with the requirements set forth in paragraph 50 of the Terms and Conditions (i.e. if the violation of the package was found by the Winning Bidder in the absence of the courier service representative), the Winning Bidder (consignee) shall lose his/her right to the indemnity and shall be able to recover his/her damage only from the guilty individuals/persons who caused damage (if they are found by law enforcement agencies or the Winning Bidder independently).

52. If the parcel is insured in accordance with paragraph 46 of the Terms and Conditions, in the events of damage, irreparable destruction, theft and other similar cases, the Winning Bidder shall be indemnified only after the event has been recognised as insured and the Organiser has received the indemnity.

VI. ORGANISER’S GUARANTEES

53. The Organiser guarantees the authenticity of the lots displayed at the Auction and these guarantees are applied only for the Winning Bidder. The transfer of the lot/lots won by the Winning Bidder in any way to third parties shall result in the cease of the guarantees of the Organiser. The Organiser’s guarantee shall not be applied to coins in plastic capsules (SLABS). Such coins have the guarantee of GRADING companies.

54. Claims regarding the authenticity of the lot/lots purchased at the Auction can be submitted to the Organiser within 30 calendar days of the closing date of the Auction. When submitting a claim, the Winning Bidder should rely on the findings of at least two independent experts. These findings should include indisputable proof that the lot/lots are inauthentic (fake or counterfeit).

55. If the lot is found inauthentic (forged or counterfeit) by experts, the Winning Bidder should return the lot to the Organiser only in the condition the lot was on the day of the Auction. The lot/lots shall not be accepted by the Organiser if it is not in the same condition as it was on the day of the Auction. If coins, etc., were placed in plastic capsules (SLABS) on the day of the Auction, the Organiser shall not accept any claims from the Winning Bidder if coins or other items are removed (unpacked) from plastic capsules (SLABS) or that the integrity and tightness of these capsules (SLABS) were damaged.

56. The Organiser shall not accept any claims regarding the authenticity of the lot/lots purchased in the Auction if the inauthenticity (falsification) thereof is found by an expert examination which could not be carried out due to technical reasons prior to the Auction date or high costs of organising and conducting the expert examination (e.g. necessary transportation of the item for the expert examination abroad, etc.) were not expedient.

57. The Winning Bidder shall not be entitled to claim for the damages that exceed the lot price paid to the Organiser and the commission fee set by the Organiser, nor shall he/she be entitled to claim any moral damage and other additional expenses incurred by the Winning Bidder.

58. The evaluation of the condition of the lot on the Website is subjective opinion of our expert (if the coin is packaged in a plastic capsule (SLABS), the evaluation of condition of the coin is presented on the plastic capsule (SLABS)). Such evaluation of the condition of the coin cannot be considered as a basis for any claim against the Organiser.

59. Any claims regarding the lot status, weight, authenticity, etc. related to the lots for which the final price of the lot in the Auction is between €1 and €100 (excluding commission set by the Organiser) shall not be accepted and analysed due to inexpedience of the analysis, high costs of paying experts for work, etc.

60. Grouped lots and coin sets are sold as one piece. Claims for the parts of the items in grouped lots and authenticity for the individual coins contained sets and other types of the requirements (claims) shall not be accepted or analysed.

61. A registered Bidder, who has access to the auctions planned by the Organiser and lots sold therein on the Website, can verify the authenticity of the lot/lots placed at the Auction before making a bet, contact the Organiser’s specialists and obtain detailed information, including detailed photos of the lots to be sold.

VII. CONCLUDING PROVISIONS

62. The Terms and Conditions are subject to the amendment at the Organiser’s discretion. Information on the amendment to the Terms and Conditions and other documents related to the Auction is posted on the website. For registered Bidders, information about the amendment specified in this paragraph of the Terms and Conditions may be additionally provided to the emails specified by the Bidders.

This distance purchase agreement is concluded between “SHENBERG AUCTION LTD”, reg. No. 15959476, legal address: 14 Anderson Avenue, Chelmsford, England, CM1 2BZ (hereinafter referred to as the Seller), and a natural or legal person (hereinafter referred to as the Buyer) who places an order and purchases goods on the online trading site auction.shenbergs.com (hereinafter referred to as the Website).

SUBJECT OF THE AGREEMENT

1.1. The Buyer orders, purchases, and pays for, and the Seller delivers and sells the goods placed on the Website and selected by the Buyer in accordance with the terms of this distance agreement (hereinafter referred to as the Agreement).

1.2. The Agreement is binding on all orders and purchases of goods made on the Website.

ORDER FORMATION

2.1. The Buyer selects a product by reviewing its description, characteristics, main properties, and price, as well as assessing its suitability and compliance with their needs.

2.2. By confirming the product order, the Buyer fills out the order form, indicating:

Accurate information about themselves (name, surname, contact phone number, email address);

The chosen delivery method and delivery address (if the selected delivery method requires an address).

The chosen payment method; and

Comments (if the Buyer chooses to provide them).

2.3. The Buyer is responsible for accurately completing the order form and providing correct data. The Seller is not responsible for losses incurred by the Buyer or third parties due to the Buyer providing an incorrect delivery address or incomplete data.

2.4. Upon receiving the Buyer’s order, the Seller sends the Buyer an order confirmation via email. If the Buyer does not receive a confirmation email from the Seller, the Buyer’s order has not been accepted, and this Agreement has not entered into force.

2.5. By confirming this Agreement and purchasing products whose use and purchase restrictions are determined by the laws of the Republic of Latvia, the Buyer confirms that they are at least 18 years old.

ENTRY INTO FORCE OF THE AGREEMENT

3.1. The Agreement enters into force when the Buyer has placed an order for the product on the Website.

PRODUCT PRICE AND DELIVERY COSTS

4.1. The product price on the Website is indicated in EUR. The product is sold to the Buyer at the price valid on the Website at the time of placing the order.

4.2. The product price does not include delivery costs. Delivery costs are applied separately according to the delivery method chosen by the Buyer. Delivery costs are indicated on the Website before order confirmation and are included in the Seller’s issued invoice. Delivery costs include VAT at the rate specified in the applicable laws of the Republic of Latvia.

PAYMENT TERMS

5.1. The Buyer is obliged to pay for the product and the chosen delivery method in the manner and within the time specified in the Agreement.

5.2. The Buyer makes the payment for the ordered product and delivery method in accordance with the payment method chosen on the Website.

5.3. Payment for the product and the chosen delivery method is considered completed when the Seller has received the full amount for the product and the chosen delivery method.

5.4. If the Seller is obliged under the terms of this Agreement to refund the Buyer for the paid amount for the product and its delivery, the Seller will refund the amount in the same payment method used by the Buyer unless the Buyer has explicitly agreed to another payment method, and no additional charges are imposed on the Buyer for using such a method.

PRODUCT DELIVERY

6.1. When placing an order, the Buyer can choose any of the delivery methods indicated on the Website www.shenbergs.com

6.2. The Seller and the Buyer agree that the delivery costs specified in clause 6.1 may change following changes in the rates set by the delivery service provider.

6.3. Depending on the delivery method chosen by the Buyer, the Buyer ensures that:

When receiving the product on-site, the Buyer presents an identity document.

Upon delivery, the Buyer is at the address specified in the order, immediately accepts the product, signs the delivery document (invoice), and makes necessary notes (if applicable) as well as returns a copy of the invoice to the courier; or

The Buyer collects the product at the collection points specified in the order within the period stated in the service provider’s notification.

6.4. If the product’s packaging is crumpled, wet, or otherwise damaged externally upon delivery, the Buyer must indicate such defects on the delivery confirmation or draw up a separate statement of such defects. The Buyer must do this in the presence of the courier. The Seller is not responsible for visible product defects that were apparent upon delivery but were not noted in the delivery confirmation.

6.5. Upon delivery of the product to the Buyer, the risk of product loss or damage passes to the Buyer at the moment the product is delivered to the Buyer as per this Agreement.

CLAIMS FOR NON-COMPLIANT PRODUCTS

7.1. Upon delivery, the Buyer must ensure that the product meets the Buyer’s order and the Agreement’s terms (e.g., verifying product name, volume, and other essential visible parameters).

7.2. If the Buyer (consumer) is sold a product that does not comply with the order or Agreement terms and the non-compliance is not minor, the Buyer has the right to request the Seller to eliminate the non-compliance at no cost or exchange the product for one that meets the order or Agreement terms unless this is impossible or disproportionate. If the Seller does not take the above actions within a reasonable period or causes significant inconvenience to the Buyer, the Buyer has the right to request the Seller reduce the product’s price or cancel the Agreement and request a refund for the amount paid. When reducing the price or canceling the Agreement, the Seller has the right to consider the product’s depreciation.

7.3. A claim for product in non-compliance with the Buyer’s order or Agreement terms should be sent:

By mail to the address: 14 Anderson Avenue, Chelmsford, England, CM1 2BZ

Electronically to the Seller’s email address: info@shenbergs.com

PRODUCT USE

8.1. Before starting to use the product, the Buyer must carefully read the product’s usage instructions.

8.2. The product must be used only in accordance with its manufacturer’s instructions, usage guidelines, and intended purpose.

8.3. Upon receiving the product, the Buyer (consumer) has the right to examine the product’s nature, characteristics, and functionality as far as would be possible in a physical store purchase.

RIGHT OF WITHDRAWAL

9.1. The Buyer (consumer) has the right to use the right of withdrawal included in the Consumer Rights Protection Law of the Republic of Latvia and Cabinet of Ministers Regulations No. 255 “Regulations on Distance Contracts” of May 20, 2014, and unilaterally withdraw from the Agreement without providing any reason to the Seller.

PERSONAL DATA

10.1. By registering and/or ordering a product on the Website, the Buyer grants the Seller, as the data controller, the right to collect, store, systematize, and use all information and data provided directly or indirectly by the Buyer on the Website. Additional information about the Seller’s personal data processing is provided in the Privacy Policy, which is an integral part of this Agreement.

LIABILITY

11.1. The Seller is released from liability in all cases where losses arise from the Buyer acting unlawfully or contrary to this Agreement.

CONTACT INFORMATION

12.1. All Buyer questions related to this Agreement, or its execution should be submitted in writing by emailing info@shenbergs.com or orally by calling the phone number: +1 (775) 269-8255

13.1 SHENBERG AUCTION House provides buyers with the opportunity to complete payment within 14 calendar days from the end of the auction.

13.2 Starting from the 15th day after the auction date, a storage fee of €5 per day per lot will be charged in case of non-payment or delayed collection.
If the payment is received after the 15th day, it will be first applied to cover the accrued storage fees. After that, a revised invoice will be issued to the buyer, showing the remaining balance after deduction of storage costs.

14. In the event that payment is not received within a period of 14 (fourteen) calendar days, the amount paid shall not be subject to cancellation and shall instead be retained as a deposit for participation in future auctions. Such deposit may be applied toward the purchase of lots in subsequent auctions.

As of the 28th day following the auction date, all items shall be returned to their respective lot owners. This provision is intended to ensure the proper execution of transactions and to maintain an efficient operational process.

If the client requests a refund, a storage fee of €5 (five euros) per lot per day shall be charged, commencing on the 15th day following the auction date. In addition, all costs associated with the refund, including the bank transfer fee, shall be deducted from the refunded amount. The bank transfer fee shall be a fixed amount of €50 (fifty euros).

If the client has made payment via the payment system Exacly (http://exacly.com), all commissions and fees incurred by us in connection with such payment shall be borne by the client in full and deducted accordingly. This includes, but is not limited to, a payment processing fee of 5% (five percent), currency conversion fees from euro (EUR) to British pounds (GBP), and any transfer charges applied in accordance with the applicable bank’s tariffs and conditions.

15.

If a client wishes to increase their bidding limit, the client shall be required to provide a deposit equal to 5% (five percent) of the requested limit increase amount.

In the event that the client does not win any lots during the auction, the deposit shall be refunded within 30 (thirty) business days, unless otherwise required by applicable law.

The client may also request an increase of the bidding limit by providing references, invoices, and/or proof of purchase history from other auction houses. Upon receipt and successful verification of such information with the relevant auction houses, the Company may, at its sole discretion, acting reasonably, increase the client’s bidding limit without requiring a deposit.

15.1 Payment may be made either via a payment link provided through the payment system Exacly (http://exacly.com) or by bank transfer to the Company’s designated bank account. The Company reserves the right to determine and provide the available payment method(s) at its sole discretion.

Updated April 25, 2020

THESE TERMS OF USE (THESE “TERMS OF USE”) DEFINE THE RELATIONSHIP BETWEEN AUCTION MOBILITY LLC (THE “COMPANY”, “WE”, “US” OR “OUR”) AND YOU, THE PERSON ACCESSING OUR AUCTION EXPERIENCE MANAGEMENT PLATFORM OVER THE WEB AT HTTPS://AUCTION.SHENBERGS.COM/ (THE “SITE”) AND/OR DOWNLOADING OR USING OUR AUCTION EXPERIENCE MANAGEMENT PLATFORM MOBILE APPLICATION(S) (THE “APPLICATION”) AND REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). WE MAKE THE SITE AND APPLICATION AVAILABLE TO YOU ON BEHALF OF SHENBERG AUCTION (THE “AUCTION HOUSE”). BY USING THIS SITE AND APPLICATION, YOU AGREE TO BE BOUND BY THE AUCTION HOUSE’S CONDITIONS OF SALE, LOCATED HERE, WHICH ARE INCORPORATED BY REFERENCE. YOU ACKNOWLEDGE THAT WE ARE NOT A PARTY TO YOUR PURCHASE OF ITEMS FROM THE AUCTION HOUSE, AND THAT THE PURCHASE AND SALE OF ITEMS IS A TRANSACTION CONDUCTED EXCLUSIVELY BETWEEN YOU AND THE AUCTION HOUSE, AND NOT BETWEEN YOU AND AUCTION MOBILITY. YOU MAY USE THE SERVICES (DEFINED BELOW) ONLY IF YOU CAN FORM A BINDING CONTRACT WITH US AND ARE NOT A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT DOWNLOAD OR USE THE SITE OR APPLICATION OR USE THE SERVICES. YOU MAY USE THE SERVICES ONLY IN COMPLIANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS.

Binding Arbitration

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING BILATERAL ARBITRATION AND APPLICABLE LAW” CAREFULLY.

Services

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Services and/or notifying you. You can see when these Terms of Use were last revised by referring to the “Updated” legend above. The Site and Application allow you to place bids, monitor live auctions and perform other related activities in connection with the Auction House (collectively, the “Services”). Your continued use of the Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. No amendment or modification of these Terms of Use will be binding unless in writing and signed by our duly authorized representative or posted to the Site and/or Application by our duly authorized representative.

Agreement with Respect to Terms of Use

These Terms of Use constitute a legally binding agreement between the Company and you. You acknowledge that you have read these Terms of Use, and accept, understand and will be bound by such terms and conditions. You further acknowledge that these Terms of Use, together with the Privacy Policy (defined below) and terms governing any individual section of the Site or Application, represent the complete and exclusive agreement between us, and supersede any proposal or prior agreement oral or written, and any other communications between us relating to the Site, Application and Services.

Registration and Privacy

To register with us and use the Site or Application, we require that you provide certain information, including your name, email address, username and password (collectively, your “Account Information”). If you provide any information that is untrue, inaccurate, not current or incomplete, or if you impersonate someone else, or we have reasonable grounds to suspect so, we may terminate your account and refuse any and all current or future use of the Site and Application by you.

We are committed to your privacy, and our privacy policy (the “Privacy Policy”) explains how we use, store and protect your Account Information and other information you provide to us. You can read the Privacy Policy here.

You are solely responsible for maintaining the confidentiality of your user name and password. You must notify us immediately of any unauthorized use of your Account Information. We will not be responsible for any losses arising out of the unauthorized use of your account and you will indemnify and hold us harmless from and against any losses, damages, claims or liabilities relating to the improper, unauthorized or illegal uses of your account.

If you are a user accessing Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which is governed by U.S. law, you are transferring your personal information to the United States and you consent to such transfer.

Use and Restrictions

Content

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site and Application (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

The Application and Services are licensed, not sold. The Content, Site and Application, and all related intellectual property, are solely and exclusively owned by us and/or our licensors and suppliers. We grant you a personal, limited, nontransferable license to download, display and use the Application and use the Services available through the Site strictly in accordance with these Terms of Use. This license does not allow you to use the Application on any device that you do not own or control. You may not copy, reproduce, republish, post, publicly display, translate or distribute the Application or Content in any way, except as specifically authorized by the features and functions of the Services (such as posting to or sharing images with certain social media sites). We grant you no license by implication or estoppel, and reserve all rights not expressly granted in these Terms of Use. The license granted to you pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of the Services, and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface(s) made available from, on or through the Application or Site. You have no right or claim of right to the Content or any unique ideas found on the Application or Site.

Links to Other Sites

The Application and Site contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon your Account Information or the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Application and/or Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Prohibited Uses

You may not use the Application, Site or Services for illegal or unlawful or malicious activities or for activities that we deem improper for any reason whatsoever in our sole judgment. While using the Application, Site and Services, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Application, Site or Services; (f) “frame” or “mirror” any portion of the Application, Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application, Site or Services; (h) harvest or collect information about or from other users of the Application, Site or Services; (i) use the Application, Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Application or Site, nor breach the security or authentication measures on the Application or Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Site, such as a denial of service attack; (k) access or use any portion of the Content or Services if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (l) use or distribute any Content to directly or indirectly create or contribute to the development of any database or product; or (m) facilitate or encourage any violations of this Section.

Warranties, Disclaimers and Limitations of Liability

Your Warranties

You represent and warrant to us that (a) all information, including, without limitation, Account Information, that you provide to us is accurate and truthful, (b) you have the authority to share Account Information with us and to grant us the right to use Account Information as provided in these Terms of Use and Privacy Policy and (c) your use of the Services pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Disclaimer of Warranties

ALTHOUGH WE MAKE EFFORTS TO PROVIDE AN ACCURATE APPLICATION AND SITE, THE APPLICATION, SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE APPLICATION, THE SITE, THE SERVICES, AND ANY INFORMATION OR DATA WE PROVIDE TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND (4) THAT ACCESS TO OR USE OF THE APPLICATION, SITE, CONTENT OR SERVCIES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE APPLICATION, SITE AND SERVICES IS AT YOUR OWN RISK.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

Please note that we do not have control over, and cannot guarantee the existence, quality, safety or legality of any item offered by the Auction House, the truth or accuracy of Auction House representations, or the ability of Auction House to sell any item.

Your reliance upon the information available on the Application and/or Site or through use of the Services and your interactions with third parties identified through the Services is SOLELY AT YOUR OWN RISK. The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications and mail delivery systems. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, Site and Services, or any portion thereof; and (2) to interrupt the operation of the Application, the Site and/or provision of Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes, or to comply with laws.

Some jurisdictions do not allow the above disclaimer of warranties, so such disclaimers might not apply to you.

Limitations of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

THE AGGREGATE AND CUMULATIVE LIABILITY OF COMPANY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TEMRS OF USE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

Some jurisdictions do not allow the above limitation of liability and/or exclusion of damages, so such limitations and exclusions might not apply to you.

Release

If you have a dispute with the Auction House, you release Company (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Indemnification

You will indemnify and hold the Company and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, the Application and/or Services or your misuse or abuse of the Site, Application and/or Services or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services. YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE COMPANY AND/OR ITS PARTNERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Consent to Electronic Notice

By using the Site, the Application or the Services, you agree that Company may communicate with you electronically regarding administrative, security and other issues relating to your use of the Site, Application and Services. You agree that any notices, agreements, disclosures or other communications that Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.

Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Massachusetts, United States, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute between you and Company.

Binding Bilateral Arbitration and Applicable Law (Continued from Section titled “Binding Arbitration” above)

PLEASE READ THIS SECTION CAREFULLY. You and Company agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to the Site, Application and Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Section.

Agreement to Arbitrate – You and Company each agree that any and all disputes or claims that have arisen or may arise between you and Company relating in any way to or arising out of this or previous versions of the Terms of Use, the relationship between you and Company, your use of or access to the Site, Application or Services, or any products or services sold, offered, or purchased through the Services (a “Dispute”) shall be resolved exclusively through final and binding arbitration, and not in court. Notwithstanding the choice of law provision governing the Terms of Use above entitled “Governing Law”, the Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the maximum extent possible and to the exclusion of any conflicting federal or state laws. The Terms of Use and this Agreement to Arbitrate contemplate a transaction involving interstate commerce.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief – YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU THEREFORE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO FILE, COMMENCE OR PARTICIPATE IN ANY CLASS ACTION OR CLASS ARBITRATION AGAINST COMPANY OR ANY PUTATIVE CLASS ACTION OR CLASS ARBITRATION AGAINST COMPANY. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any limitations in this Agreement as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Company’s right to appeal the court’s decision. All other claims will be arbitrated.
2. Arbitration Procedures – Notwithstanding any contrary provision in the FAA or the applicable AAA rules, all issues in a Dispute are for the arbitrator to decide.The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this Agreement to Arbitrate. The rules promulgated by the AAA concerning class arbitration shall not apply. The AAA Rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to Company at the Notice address below. You acknowledge that you have access to the AAA Rules and consent to them and that you can obtain a printed copy of the AAA Rules from Company or AAA. In the event of any conflict between the AAA Rules and this Agreement to Arbitrate, this Agreement to Arbitrate shall control and the arbitrator is bound by the terms of this Agreement to Arbitrate.A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute that identifies your name, contact information, a description of the dispute, and your requested relief (“Notice”). The Notice to Company should be sent to Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States. Company will send any Notice to you to the physical address we have on file associated with your Company account, with a copy to your email address on file; it is your responsibility to keep your physical address and email address up to date.If you and Company are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Company at Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States. If Company initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Company account, with a copy to your email address on file. Any settlement offer made by you or Company shall not be disclosed to the arbitrator.The arbitration hearing shall be held in Boston, Massachusetts, United States.The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Company user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.The arbitrator shall have the authority to compel adequate discovery for the resolution of the Dispute and to award such relief as would otherwise be permitted by law; provided, however, that in no event shall the right to discovery granted to the parties exceed 25 interrogatories, 35 documents requests, 10 third-party subpoenas, and three depositions (of not more than seven hours each), including third-party depositions, per side. The parties may submit such pre-arbitration and post-arbitration briefs (including briefs during arbitration) as they choose, provided that no party shall submit briefing exceeding a reasonable page limitation to be set by the arbitrator. If any party submits a motion, the arbitrator shall consider the motion and either deny it or request opposition briefing by the non-moving party, which shall not be required until requested by the arbitrator. The arbitrator may not grant a motion without allowing the opposing party an opportunity to oppose. The total length of the arbitration hearings on the merits shall not exceed 25 hours of hearing time, to be divided equally between the opposing sides. All discovery shall be completed no later than one hundred 120 days after appointment of the arbitrator. The hearing shall be concluded no later than 180 days after appointment of the arbitrator, unless the arbitrator’s schedule requires a later hearing. The arbitrator may only extend these limits at the request of a party when the arbitrator finds exceptional cause for the extension. The parties may extend these limits upon their agreement.
3. Costs of Arbitration – Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
4. Severability – With the exception of any of the provisions in Section 1 above (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure – IF YOU ARE A NEW COMPANY USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING COMPANY A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States.Your Opt-Out Notice must include your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Company account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Company.This Agreement to Arbitrate shall survive termination of this Agreement.
Judicial Forum for Legal Disputes – Unless you and Company agree otherwise, if the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Company must be resolved exclusively by a state or federal court located in Boston, Massachusetts, United States. You and Company agree to submit to the personal jurisdiction of the courts located within Boston, Massachusetts, United States for the purpose of litigating all such claims or disputes.

Interpretation

These Terms of Use are intended to be interpreted in the English language, and any translation is made for the convenience of the parties only. In the event of a conflict between the English and the translated versions, the English version will control and supersede.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using the Site, the Application or their respective contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by the Company with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: Auction Mobility, attn. President, 192 South St., Suite 600, Boston, Massachusetts 02111, United States, and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Term and Termination

The term of these Terms of Use will continue for as long as you access and use the Application, Site and/or Services. Sections titled “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

Questions? Contact us at legal@auctionmobility.com.