Terms & Conditions

Introduction

Welcome to HB Auction. By using our auction, you agree to the following terms and the general principles for the site. This Agreement is effective upon acceptance. When you place a bid, you accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement.

Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Limitation of Liability section below).

Before you may become an HB Auction bidder, you must read and accept all of the terms in, and linked to, this User Agreement. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use or access the Auction.

We rely on the information you provide through this website, including registration information (name, email address, and phone number) which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You consent to being added to HB Auction’s email list. You acknowledge that you will keep your name and address current and accurate.

In connection with using our auction, you will not:

• fail to deliver payment for items purchased by you, unless, for example, HB Auction has materially changed the item’s description after you bid or a clear typographical error is made.
• distribute viruses or any other technologies that may harm the website, or the interests or property of our Users;
• reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to Auction.
• commercialize any application or any information or software associated with such application;
• harvest or otherwise collect information about users, including email addresses, without their consent; or
• circumvent any technical measures we use to provide our Services.

If we believe you are abusing the auction in any way, we may, in our sole discretion without limiting other remedies, limit, suspend, or terminate your access to our services, delay or remove hosted content, remove or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our services.

Additionally, we reserve the right to refuse or terminate our services to anyone for any reason at our discretion.

When a buyer issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for buyers.

Unless otherwise stated, all prices are quoted in Canadian Dollars and are subject to HST.

You consent to receive calls, emails, or text messages from HB Auction at any telephone number you have provided us. We may place such calls and texts to: (i) notify you regarding your bid or purchase; (ii) troubleshoot problems with your bid or purchase; (iii) resolve a dispute; (iv) collect a debt; (v) contact you with offers or promotions; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

HB Auction may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under this User Agreement, our policies, or any other agreement we may have with you. You agree these service providers may also contact you using autodialed or prerecorded calls and other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

HB Auction may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with HB Auction or its agents for quality control and training purposes, or for its own protection.

We try to keep HB Auction and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications or tools. You further acknowledge that operation of and access to our sites, services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Auction’s applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All products sold on HB Auction are guaranteed for quality for 30 days from the date of receipt by you. All merchandise is so warranteed to be in as-new condition and the warranty so applies. From time to time HB Auction will present product online in the auction that may have been pre-owned. Nevertheless, the warranty will apply. HB Auction may in its sole discretion provide reserve bids on products appearing in the auction. Such bids, if they exist, will not necessarily be disclosed. In some cases, bidders will provide us in advance their maximum reserve and we will inch the bidding up at a prescribed pace so as to not hit the maximum provided by the bidder unless absolutely required to do so. Where there are multiples available of a specific item, HB Auction may make available to unsuccessful bidders the identical item at the successful bid price. HB Auction is not required to do so.

All auction wins are final sale.

In the event that a bid is placed in the last five minutes prior to an auction closing, such auction will be automatically extended for an additional five minutes from the closing time, and will continue to be extended for as many additional five minute intervals, so long as bidding continues. Only when no bidding occurs for a continuous five minute period prior to an auction expiration will an auction come to an end.

Retails are MSRP, for insurance purposes only, and may vary significantly depending on many variables, such as the price of gold, the currency exchange to the USA dollar, the time of year, the retailer’s financial situation , high-low pricing as opposed to every-day-low pricing strategy, quantities manufactured at one time and geographic location of manufacturing facility, as well as other factors.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• Your use of or your inability to use our sites, services, applications and tools;
• Delays or disruptions in our sites, services, applications or tools;
• Viruses or other malicious software obtained by accessing our sites, Services, applications or tools or any site, services, applications or tools linked to our sites, Services, applications or tools;
• Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, applications and tools or in the information and graphics obtained from them;
• Damage to your hardware device(s) or loss of data that results from the use of our sites, services, applications and tools;
• The content, actions, or inactions of third parties, including items listed using our sites, services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;
• A suspension or other action taken with respect to your account;
• The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
• Any and all damages required to be paid for any damages incurred by a bidder for any reason including the mis-description of any item on the auction will be limited to the amount paid by the successful bidder upon return of the item purchased in the same condition it was received within 30 days from date of purchase.

Additionally, you agree that you will not:

• take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, Services, applications or tools without the prior express written permission of HB Auction and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of our sites, services, applications or tools, or any activities conducted on or with our sites, services, applications or tools;

You are responsible for reading the full item listing, including any instructions HB Auction provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on HB Auction, you are committing to buy the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with HB Auction and are obligated to purchase the item.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the HB Auction Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the HB Auction Privacy Policy. If you object to your information being transferred or used in this way please do not use our Services.

You have read the HB Auction Privacy Policy, the terms of which appear on here and are incorporated into this User Agreement, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by Auction in accordance with the terms of and for the purposes set out in the Auction Privacy Policy.

You will indemnify and hold Auction (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, your use of the HB Auction site, services, applications, or tools, and/or your violation of any law or the rights of a third party.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.

Except as explicitly stated otherwise, legal notices shall be served on HB Auction Head Office. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AUCTION HAVE AGAINST EACH OTHER ARE RESOLVED

If a dispute arises between you and HB Auction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HB Auction agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes – This Agreement and any dispute or claim you have against Auction shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against Auction must be resolved by a court located in Toronto, Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario for the purpose of litigating all such claims or disputes.
• Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Cdn $15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims – All claims you bring against Auction must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Auction may recover attorneys’ fees and costs up to Cdn $1500, provided that Auction has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

These policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the general section below. When using particular HB Auction services, applications or tools, you are subject to any posted policies or rules applicable to Services, applications or tools you use, which may be posted from time to time.

Auction takes its good reputation seriously and will accommodate most, if not all, reasonable requests for resolution of issues. Should a customer elect to take his issues to the internet or otherwise besmirch, slander, or liable HB Auction or its employees, officers, directors, shareholders, or other stakeholders, HB Auction will make best efforts to hold such persons responsible for any damages resulting there from.

You may contact HB Auction via phone by following the instructions listed on our contact page. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this Agreement, any amendments will be posted at an accessible location, such as the one where in you read these original rules.

Please read this agreement on a regular basis to learn of any amendments which may effect you.

We take no responsibility for your failure to become aware of any such amendments.

This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Resolution of Disputes.