SORTITOUT Online Auction – Buyer Terms & Policies Agreement
PLEASE READ CAREFULLY. BY REGISTERING TO BID, PLACING A BID, OR PARTICIPATING IN ANY AUCTION, YOU AGREE TO THESE TERMS AND AUTHORIZE PAYMENT USING YOUR CREDIT OR DEBIT CARD.
1. Registration and Eligibility
- Buyers must be at least 18 years of age.
- Buyers must provide accurate, current, and complete contact and payment information.
- Participation is subject to approval by SORTITOUT.
- SORTITOUT reserves the right to reject registrations, suspend accounts, or revoke bidding privileges at its sole discretion.
2. Bidding and Contract Formation
- Each bid constitutes a legally binding offer to purchase.
- The highest bidder at auction close enters into a binding contract to purchase the item.
- The winning bidder agrees to pay all amounts due, including:
- Hammer price
- Buyer’s premium
- Applicable taxes
- All applicable fees
3. Buyer’s Premium
- A 14.5% buyer’s premium applies to all winning bids.
Example:
Hammer price: $500
Buyer’s premium (14.5%): $72.50
Subtotal: $572.50 (before taxes/fees)
- The buyer’s premium covers auction operations, platform costs, and advertising.
4. Payment Authorization
- By registering, buyers authorize SORTITOUT to automatically charge the card on file for:
- Hammer price
- Buyer’s premium
- Applicable taxes
- Payment processing fees (e.g., approximately 3%)
- All payment processing fees are non-refundable.
- If automatic payment fails, full payment must be completed within 48 hours using:
- Cash
- Bank draft
- Interac e-Transfer
- Cheques are not accepted.
- Failure to complete payment may result in:
- Cancellation of the sale
- Resale of items
- Account suspension or termination
- Additional fees (see Sections 11 and 18)
5. Taxes and Fees
- Applicable GST/HST will be added to all invoices.
- Payment processing fees are included in the total charged amount and do not require separate authorization.
6. Item Condition and Liability
- All items are sold AS-IS, WHERE-IS, with no warranties or guarantees, express or implied.
- Buyers are strongly encouraged to inspect items during the preview period.
- Failure to inspect does not relieve the buyer of responsibility.
- SORTITOUT is not responsible for damage, loss, or disputes after the sale is completed.
- Sellers represent that items are free from liens, encumbrances, or theft claims.
7. Auction Preview
- Preview details will be posted on the website or app.
- Typical preview: the day before the auction (e.g., 10:00 AM – 3:00 PM).
- Buyers are strongly encouraged to attend.
8. Pickup, Shipping & Delivery
Pickup Requirements
- Auctions are primarily pickup-based.
- Items must be collected at the designated date, time, and location.
- Buyers must bring adequate help, tools, and transportation.
- SORTITOUT staff do not assist with moving or loading.
- Failure to attend pickup or remove items during the scheduled time will result in forfeiture without refund.
- No alternate pickup dates or storage will be provided.
Optional Shipping (Canada Post)
- Shipping requests must be made within 2 days after auction close.
- Shipping is limited to items within Canada Post size and weight restrictions.
- Fees include:
- Minimum $35 handling fee, plus shipping and insurance
- Processing time: 3–7 business days after full payment is received.
- Buyers are responsible for all shipping and insurance costs.
Large Item Removal Safety
- SORTITOUT reserves the right to refuse release of any item if removal is deemed unsafe.
- Buyers may be required to hire professional movers.
- Buyers are responsible for any damage caused during removal.
- Failure to safely remove items within the scheduled pickup period will result in forfeiture without refund.
9. Bid Increments & Soft Close
- SORTITOUT uses structured bid increments to maintain fair and efficient bidding.
- Some items may be subject to reserve pricing.
- Soft Close Rule:
- Bids placed within the final 2 minutes of an auction will automatically extend the closing time by an additional 2 minutes.
- This extension will continue repeatedly until no bids are received within the final 2-minute period.
- The auction will only close once a full 2-minute period passes with no new bids.
- Official Time:
- All auction times are based solely on SORTITOUT’s system/server time.
- In the event of any dispute, SORTITOUT’s recorded time and system data shall be final and binding.
- SORTITOUT is not responsible for technical issues, internet delays, or missed bids.
10. Errors & Withdrawal
SORTITOUT reserves the right to:
- Correct typographical or catalog errors
- Modify descriptions
- Withdraw items before closing
- Cancel sales due to system errors or malfunctions
Remedy: Buyer’s sole remedy is a refund of amounts paid.
11. Chargebacks & Payment Disputes
- Buyers agree not to initiate chargebacks for valid auction charges.
If a chargeback or dispute is initiated, the buyer remains responsible for:
- The full invoice amount
- All non-refundable processing fees
- All chargeback and dispute fees (including $15–$30 CAD or more per dispute, as charged by payment processors such as Stripe)
- Any administrative, collection, or legal costs incurred
- If SORTITOUT contests a dispute, the buyer agrees to reimburse all additional dispute-related fees, regardless of outcome.
- Initiating a chargeback without first contacting SORTITOUT constitutes a breach of contract.
Consequences may include:
- Immediate suspension or permanent ban
- Collections action
- Legal proceedings to recover funds
- All disputes must be submitted in writing prior to initiating a chargeback.
12. Updates to Terms
- SORTITOUT may update these Terms at any time.
- Continued use constitutes acceptance of updated Terms.
- Material updates may require re-acceptance.
13. Privacy
- Personal information is collected and handled in accordance with SORTITOUT’s Privacy Policy.
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14. Limitation of Liability
- SORTITOUT’s liability is limited to the amount paid for the item in dispute.
15. Governing Law
- These Terms are governed by the laws of the Province of Alberta and applicable Canadian federal laws.
- All disputes shall be resolved exclusively in Alberta courts.
16. Back-End Record Keeping
SORTITOUT securely maintains:
- Timestamp of acceptance
- IP address
- Terms version
- Full Terms snapshot
These records serve as proof of agreement and enforceability.
17. Buyer Acknowledgment
By clicking “I Agree” or registering, the buyer confirms they:
- Accept the 14.5% buyer’s premium
- Authorize automatic payment of all charges
- Agree to pay all taxes and fees
- Accept AS-IS, WHERE-IS item condition
- Understand inspection responsibility
- Understand pickup deadlines and forfeiture rules
- Understand shipping requirements and timelines
- Accept Large Item Removal Safety requirements
- Agree to soft-close bidding rules and system time authority
- Accept error correction and withdrawal rights
- Agree not to initiate chargebacks without first contacting SORTITOUT
- Accept responsibility for all chargeback/dispute fees ($15–$30 CAD or more)
- Acknowledge that processing fees are non-refundable
- Accept administrative and default fees for non-payment or cancellation
18. Buyer Default, Cancellation & Administrative Fees
- All bids are final and binding. No cancellations or retractions are permitted.
If a buyer fails to pay, cancels, or defaults:
SORTITOUT may:
- Cancel the sale
- Relist the item
- Retain any partial payments
The buyer agrees to pay:
- $50 CAD minimum or 15% of the invoice total (whichever is greater)
- All payment processing fees
- All chargeback/dispute fees
- Any loss if the item resells for a lower price
- These amounts are agreed to as reasonable pre-estimated damages, not penalties.
Sort-It-Out Estate Services
Edmonton, Alberta, Canada
Email: iwillsortitout4u@gmail.com
Phone: 825-967-0271
