Terms and Conditions
Terms and Conditions
Buyers must accept the following Terms & Conditions to participate in Cool Stuff/Heroes and Legends auctions. By signing up as a bidder, you acknowledge that you have read and understood our Terms & Conditions and agree to abide by them.
Bidding
Each participant who has been approved to bid must purchase all winning lots.
Please note a bid is a legal binding contract and all sales are final. If you are unsure of a lot condition, size or provenance do not bid. All winning lots MUST be paid for in 3 business days from the close of auction. All lots left after that will be subject to proper disposal by the auction house. Please email us for any information. Please remember all sales are FINAL.
Shipping Terms
We ship worldwide. Buyer pays for shipping, customs and duty. At the end of the auction, we will calculate shipping and add it to your final invoice. If you win multiple items, we will combine shipping. Heroes and Legends packs each item with a professional care using the safest materials.
Buyer's Premium
Taxes
The winning bidder will pay all applicable taxes, tariffs and buyer premiums
Condition
All lots are sold as-is and as pictured with all flaws. Bidders should contact us for condition reports. If a purchase is defective or damaged, you will get a full refund or replacement item with a similar value of your choice if it was Cool Stuff/Heroes and Legends mistake. If a refund is necessary processing time is generally 21 days from time of receipt of item. We do NOT take returns after 30 days.Prior to returning an item, the customer must obtain a Return Authorization from one of our representatives.
Authenticity
All of the items come with a certificate of authenticity (COA) from Heroes and Legends. All items are authenticated by Myron Ross who has been selling to dealers for 55 years.By bidding Heroes and Legends you are accepting that the only authenticator on these items is Myron Ross.
If you require additional authentication, we will be happy to send your purchase to a court certified forensic authenticator for an additional cost paid by the buyer. The item must be paid in full prior to additional certification. The turnaround time for this service is roughly 14 -28 days from full payment of item.
Heroes and Legends hold no credibility in the findings of authentication companies who do not use court certified forensic authenticators, and negative findings from such authenticators are not justification for a return or refund. Furthermore, no compensation for authentication costs will be issued to a buyer, should they decide to acquire additional certification resulting in a positive/negative or finding.
Myron Ross the following credentials:
"This autograph is certified by a 20 year plus member of IADA (International Autograph Dealers Association) , UACC (Universal Autograph Collectors Club), IACC - International Autograph Collector Club), Manuscript Society, SAG (Screen Actors Guild), Southern California Motion Picture Council, APS (American Philatelic Society), ASCC (American Society Of Check Collectors), AFDCS (American First Day Cover Society), Hollywood Heritage Museum, and the Golden State Boxing Association. Additionally a member of the British Autograph Club and German Autograph Collectors Club.
The COA issuer has the following credentials
UACC - Autograph Appraisal Course
UACC- Autograph Authentication Course
US Army CID Handwriting Program
Payments
All payments are due to auction house within 3 business days from close of auction. Please remember bids are legal binding contracts. All sales are final. For any questions regarding payments please call our payments department atl 310 801 3059. If unpaid after 3 days auction house charges a 1% per day storage fee.
Shipping Terms
Shipping Terms
We ship worldwide. All items are FOB California. Buyer pays for shipping, tariffs, customs and duty. At the end of the auction, we will calculate shipping charges and add it to your final invoice. If you win multiple items, we will combine shipping. Heroes and Legends packs each item with a professional care using the safest materials. If you require more than the normal $100 insurance it is customers responsibility to let Heroes and Legends know in writing before shipment leaves. Address changes must also be made in writing 24 hours before shipment. All sales are final.
Authenticity
Authenticity
All of the items come with a certificate of authenticity (COA) from Heroes and Legends. All items are authenticated by Myron Ross who has been selling to dealers for 53 years.
If you require additional authentication, Heroes and Legends will send your purchase to a court certified forensic authenticator for an additional cost to buyer. The item must be paid in full prior to additional certification. The turnaround time for this service is roughly two weeks from full payment of item.
Heroes and Legends hold no credibility in the findings of authentication companies who do not use court certified forensic authenticators, and negative findings from such authenticators are not justification for a return. Furthermore, no compensation for authentication costs will be issued to a buyer, should they decide to acquire additional certification resulting in a negative finding. All Sales are Final.
Myron Ross has the following credentials:
"This autograph is certified by a 20 year plus member of IADA (International Autograph Dealers Association) , UACC (Universal Autograph Collectors Club), IACC - International Autograph Collector Club), Manuscript Society, SAG (Screen Actors Guild), Southern California Motion Picture Council, APS (American Philatelic Society), ASCC (American Society Of Check Collectors), AFDCS (American First Day Cover Society), Hollywood Heritage Museum, and the Golden State Boxing Association. Additionally a member of the British Autograph Club and German Autograph Collectors Club.
The COA issuer has the following credentials
UACC - Autograph Appraisal Course
UACC- Autograph Authentication Course
US Army CID Handwriting Program
Terms of Use – Bidspirit (R.A,) Ltd
Welcome to "bidspirit.com" Website, owned and managed byBidspirit (R.A) Ltd., Israeli company number514945559, mailing address:9/12 Dov Fridman St., Ramat Gan, Israel.Email:[emailprotected].
The Website provides a virtual platform for auction houses, galleries, car sellers,Receivers and real estate sellers or any other business who chooses to use the Website's online platform in order to make their products available for sale to the public through the Website.
These terms of use (the "Terms of Use") are phrased in a masculine form for convenience purposes only.
Any use, entrance or login to the Website and conducting service orders or purchases using the Website, constitute a confirmation that you have read and agreed to be bound by (i) these Terms of Use; (ii) the terms of use of a Product's Seller from which you make a purchase; (iii) any notice displayed through the Website and/or by the Sellers; and (iv) to the terms of any Service or Product you ordered through the Website.
It is hereby clarified that the Products supplied and sold via the Website are sold and supplied solely by third parties. The Website is merely a platform which allows Users and Sellers to engage in the sale and purchase of Products, and therefore the applicable Seller shall be solely responsible for any Product sold by him, its quality, nature and conditions of sale and supply and its supply shall be made solely by the Seller. In addition, the User shall be responsible for performing all necessary tests required for the purpose of completing a purchase, prior to the actual purchase via the Website, including (but not limited to) viewing the Items physically (on dates and places indicated on the applicable sale page), checking the terms of sale presented by the applicable Seller, including any costs associated with the price of the Product being sold and so forth.
You hereby represent and warrant that you are qualified and authorized to engage and be bound by the obligations specified in these Terms of Use, and in case you make any service order, you declare that you are at least 18 years old. If you do not agree to the foregoing, you are not authorized to use the services offered via the Website.
These Terms of Use constitute a binding legal agreement; therefore, it is recommended that you read them carefully.
Specific provisions that apply certain jurisdictions are set out in the relevant Jurisdiction Appendix attached hereto. Please make sure that you review the Jurisdiction Appendix that applies to you (if any).
1.Definitions
1.1."Website" - means "www.bidspirit.com" and/or Bidspirit's employees, its representatives, webmaster, the Website's management and/or anyone acting on behalf of the Website.
1.2."Users" and/or "Customers" - means the Website's users and/or customers who made a purchases through the Website and/or anyone on their behalf.
1.3."Seller" and/or "Sales House" - means parties which operate and manage the sale, supply and marketing of the Products sold via the Website.
1.4."Products", "Services", "Items" - means any Product and/or service offered for sale via the Website.
1.5."Direct Sale" - means a sale in a fixed and unchangeable price by the Seller in advance.
1.6."Auction" - means a sale to which a starting price shall be set, and any User interested to purchase the Product being sold in such sale shall have to place a bid, the User who offered the highest price at the end of such sale shall "win" such sale.
1.7."Portal(s)" - means sections of sale within the Website.
1.8."Bidspirit" or the "Company" - means Bidspirit (R.A) Ltd.
1.9."Receivers" or "the Receiver" or "Trustee" or "Estate Manager" – meansSeller whichappointed by a court house or by the execution authorityor any other competentauthorityfor selling the Product, which puts up Product for sale via the Website by bidding process.
2.Services offered by the Website
2.1.The Website provides you with a platform which allows Sellers and Users to engage for the purchase of a wide range of Products from various fields, such as the art Portal which contains art, antiques and collectibles, car sale Portal which contains a wide range of cars for sale, and the real estate Portal in which properties are mainly sold from receivership.
2.2.Any service and/or Product which shall be offered for sale via the Website by a Seller, will be placed and displayed within a designated page (a "Purchase Page") according to the specific Portal to which it belongs, in which relevant information regarding the applicable Service and/or Product shall be provided.
2.3.The Website allows Users to place bids for Auctions as well as to make direct purchases of Products (in case of Direct Sales) from Sellers via the Website. With respect to Auctions, in some cases, placing a bid prior to the opening of a sale may be allowed ("Absentee Bids").
2.4.Absentee Bids, bids placed with respect to time-based auctions, live bids and purchases of Items you made via the Website shall be binding. In case such bids are placed and selected as the winning bids, you shall be required to exercise such bids. Cancellation of bids and/or purchases shall be possible subject to the Seller's policy and in accordance with these Terms of Use.
2.5.You are aware that the Seller is not obligated to accept the highest bid or any bid whatsoever, and will be entitled to hold an additional bidding process between the bidders or some of them, even following the applicable sale date, to extend the deadline for submission of bids, to extend the time of any bidding process and to cancel a bidding process, all in its sole discretion and subject to applicable law.
2.6.It should be clarified that both the initial price and the price offered by Users in Auctions with respect to a Product is a net price for such applicable Product only. Commissions, shipping fees and VAT will be added to the Product's price as specified in the applicable Product Purchase Page and subject to the terms of use of each applicable Sales House.
2.7.In some of the Portals, you will be required to be pre-approved by the applicable Sales House in order to be able to browse into Sales Houses' pages and to participate in the applicable sales of such Portals.
2.8.In order to browse into the cars and real estate Portals, you will be required to meet certain threshold conditions that will be defined by each applicable Sales House and to carry out the required actions (e.g. approval of applicable terms of sale, setting a deposit, providing credit card details, etc.), all in accordance with the terms of use of each applicable Sales House and subject to its sole discretion ("Sales Terms and Conditions").
2.9.All Product images presented on a Purchase Page are for illustration purposes only and there may be differences between the images presented and the Products actually sold on the Website.It is hereby clarified that all images presented on the Website are uploaded and provided by the Sellers, which represents they hold all rights in such images.
2.10.You must not use the services if your business falls into the categories of businesses and business practices listed on this webpage (or any link subsequently updated):https://stripe.com/fr/restricted-businesses.
3.Limitation of Website's Liability
3.1.The information on the Website is provided 'AS IS'. We do not guarantee its accuracy or correctness.
3.2.The content of the Website is uploaded to the Website by third parties and/or transmitted by such third parties to the Website's representatives only for uploading purposes, and is published without any prior examination.
3.3.The Bidspirit Website is an online brokerage platform between Receivers, Trustees, Estate Managers, Sellers and Customers. The Website is not responsible and will not bear any responsibility for the contents and/or the availability of the services of the Website and/or other linked websites (including the contents submitted for publication).
3.4.To the fullest extent permitted by applicable law, the User agrees and approves that the Company, including its representatives, employees, directors, managers, shareholders, and/or agents will not be held liable for (i) any damage (direct or indirect) caused to the User and/or any other third party in relation to the use made by the User (whether directly or indirectly) of the Website and/or the Services; (ii) any malfunction, error, or omission of the Website and/or the Services; (iii) any direct, indirect, consequential, or incidental, special, punitive, exemplary damage or other indirect damages under any legal theory due to access to the Website or its use and/or the use of any part of the Services or due to any hindrance from accessing or using the Website, even if the Company has been advised of the possibility of such damages.
3.5.The Website allowsReceiver, Estate Manager, Trustee andSellers, who so interested, to execute online clearing of credit cards, for the purpose of charging payments for Users ("Clearing"). TheWebsiteengages suppliers and other third parties, for the execution of the Clearing and for interfacing to clearing houses, such as: Stripe, Cardcom, and/or Payme and/or PayPal ("Suppliers"). It is hereby clarified, thattheWebsite does not guarantee the quality of the work or services rendered by Suppliers, and is not responsible for the standard and/or ongoing activities of the Suppliers. The Website shall not be liable for any damages caused to Sellers and/or Users, in connection with any transaction executedwith the involvement ofsuch Suppliers. Furthermore, Users shall be solely responsible for using credit cards and/or any other online payment means, and the Websiteshallnot be held responsible for any damages in this regard, including leakage of details, theft, etc.
3.6.If the Company shall be found liable for any loss or damage that is in any way connected with your use of the Website and/or the Services, then the Company's liabilities will in no event exceed, in the aggregate, the total amount paid by you to the Company for the use of the Website and/or Services during the twelve (12) month period that immediately preceded the event that gave rise to the applicable claim, or if no such amount was paid by you to the Company, One-Hundred Dollars (US$ 100). The limitation of liability is hereby agreed upon, and reflects the allocation of risk between the parties.
3.7.All content presented on the Website expresses its writer's personal opinion, which is not the Website, does not form any recommendation, advice or opinion and does not substitute professional consultation. Any legal and/or professional matter and/or suspicions of such matter should be directed to the applicable authorized persons, and the Website and the information contained therein should not be relied on.
3.8.The Website's management reserves the right not to approve purchase of Products and/or Services by a Customer and/or his participation in sales on the Website, in the event that approval of any payment for Products in the respective means of payment provided by such Customer is denied, or in the event that a Customer which have purchased any Products does not comply with the Terms of Use or any other applicable law.
3.9.The Website may contain links to other websites. Displaying such links does not, in any way, imply of any approval of such third parties websites' content or reliability. The Website shall not be liable for information or services which are displayed in other websites.
3.10.The Website reserves the right to change, remove or omit any information from any content uploaded to the Website at its sole discretion.
3.11.The Website is not committed to its continuous and proper operation or to the execution of any transaction. The Website shall not be liable for any malfunctions that may result from the transfer of information from the Customers to the Seller or from the Seller to the Customers.
3.12.The Website operates as a platform only, and is not responsible for the correctness and accuracy of any publications, change of prices, dates or any other information relating to sales.
3.13.The Website reserves the right to block Users at its sole discretion.
3.14.The Sales House may impose a block and/or local ignore upon a User (as defined below) for the causes listed below. It is clarified and agreed that a block imposed upon a User, due to causes listed below, is visible to all Sales Houses operating on the Website,and the User hereby declares that he will have no claim and/or demand regarding this matter.
3.14.1.The Sales House may impose a block upon a User, subject to the following causes:
3.14.1.1.A User who won a Direct and/or Auction Sale and did not make the agreed payments with respect to the price listed on the Website and in accordance with the sale policy set by the relevant Sales House, including payment terms, unless otherwise agreed in writing between the User and the applicable Sales House;
3.14.1.2.At Bidspirit’s sole discretion, a User who has violated the Terms of Use, including but not limited to, non-private and non-personal use of the Website and/or discrepancy between the User's details and the bidder details in the Direct and/or Auction Sale.
3.14.2.The Sales House may impose a local ignore upon a User (ie, the User will not be able to participate in any Direct Sale and/or Auction within the relevant Sales House),when suchlocal ignore is not visible to other Sales Houses operating on the Website, subject to the following causes:
3.14.2.1.A User who won a Direct Sale and/or Auction and did not make the agreed payments according to the price listed on the Website and in accordance with the sale policy set by the relevant Sales House;
3.14.2.2.A User who has insulted, harassed or harmed the Sales House;
3.14.2.3.A User who has violated the terms of sale of the Sales House, which were approved in advance for the purpose of participating in the Direct Sale and/or Auction, without holding a conversation and/or inquiry with the Sales House and/or Bidspirit, prior the actual participation in the Direct Sale and/or Auction, concerning the terms of sale of the Sales House, including, warranties, presentations, authenticity of the product, the condition of the product, etc.
3.14.2.4.A user who behaved in an unfair or fraudulent manner vis-à-vis theSales House, including but not limited to, in an attempt to withdraw money from the auction house on false grounds, cancellation of payment after item is sent without returning to theSales House, and other cases of financial damage to the auction house.
3.14.2.5.A User who has been locally ignored by the Sales House and uses another’s User account or opens a new account with another’s details.
3.14.3.The User hereby declares that he is aware that the Sales House has in addition to the option of imposing a block and/or local ignore upon a User, tools that may limit the User activity with the relevant Sales House, such as limiting the bid amount and/or purchase of the User. The User hereby declares that he will have no claim and/or demand in this matter.
3.14.4.The User and the Sales House hereby declares that they dismiss Bidspirit and the Website from any claim and/or demand and/or damage of any kind,including libel, smear, humiliation, slander and reputational damage, which may arise due to the block and/or local ignore imposed upon the User. It is clarified that Bidspirit and/or the Website will not be held liable for (i) any damage (direct or indirect) caused to the User and/or any other third party in connection with the block and/or local ignore; (ii) any direct, indirect, consequential, or incidental, special, punitive, exemplary damage or other indirect damages under any legal theory due to the block and/or local ignore, even if Bidspirit and/or Website has been advised of the possibility of such damages.
3.14.5.The User and the Sales House hereby declares that they will bear full responsibility for the Direct Sale and/or Auction process and the execution process of the imposed block and/or local ignore. The User and the Sales House undertakes to fully indemnify Bidspirit and/or the Website for any damage caused in connection with this Section.
3.14.6.Without derogating from the above, the User hereby undertakes to compensate and indemnify Bidspirit for any damage and/or expense and/or loss caused to Bidspirit, which originated due to the provisions of this section 5.14, within 7 days of receiving Bidspirit first demand. In addition, the User will compensate and indemnify Bidspirit, in the full amount for which it was obligated to pay according to a judgment that its performance was not postponed, following a lawsuit for injury and/or loss and/or damage of any kind for which Bidspirit exempted according to the terms of this Terms of Use and the expenses for which Bidspirit incurred in order to defend itself against such lawsuit. Bidspirit will notify the User upon receiving the claim and/or demand from a Sales House, in order to allow the User to defend himself against such claim. Upon receiving the said claim and/or demand from the Sales House, BidSpirit shall transfer the claim/demand documents to the User, and the User shall be entitled to defend himself against such claim/demand through his attorneys and he must cooperate with Bidspirit as part of the defend strategy.
3.14.7.Bidspirit will work to resolve disputes between the Users of the Website and the Sales Houses, to its best efforts, but it shall bear no responsibility over such dispute.
3.14.8.It is clarified that in any case of dispute between a User and a Sales House, Bidspirit shall act in accordance with a final judgment by the respective court.
3.15.The Website may include third party advertisem*nts. It is hereby clarified that the Company is not responsible for the content of the said advertisem*nts and/or for the suitability of the Products and/or Services marketed through such, and does not recommend and/or encourages Users to purchase the Products and/or Services offered as part of such advertisem*nts.
3.16.The Products' images presented on the Website are for illustration purposes only, as provided to the Website by the applicable Sellers for advertising purposes on the Website.
3.17.The Company and/or the Website do not supervise and are not responsible for the reliability and/or accuracy of the information presented by the Sellers, the level of service of the Sellers, delivery schedules, the compatibility between the images and the Products supplied, and so forth.
3.18.BidSpirit reserves the right to technically block a user's option to bid on his/her items offered for sale, and the relevant user orSales Housewill not have any complaint and / or claim against BidSpirit, including but not limited to, loss of profits.
3.19.Bidspirit and the Website shall only be obliged by the terms of these Termof Use. Where there is a conflict or any discrepancy between the provisions of these Terms of Use and those stated elsewhere on the Website or any other source, including the terms of use of each Sales House, Receiver, Estate Manager and/or Trustee (in this section, the"Other Source"), the provisions of these Terms of Use shall prevail, even if it was created prior to the creation of the Other Source, if these Terms of Use are mentioned in the Other Source, and even if the Other Source is more specific with respect to the applicable issue. Provided however, that these Terms of Use shall prevail only if and to the extent that the Other Source does not expand the rights of Bidspirit and/or the Website and/or the Other Source does not reduce from any of Bidspirit's and/or the Website's liability.
3.20.The contents of the Website, in whole or in part, including these Terms of Use, may be translated into different languages by means of different translation tools; only the Hebrew translation of the content of the Website, including these Terms of Use shall bind Bidspirit. Any translations to any languages which may be made, shall be for the Users convenience only.
4.Limited License
4.1.Subject to your compliance with these Terms of Use, you are hereby granted with a limited and personal license to use the Website's services.
4.2.The use of the Website and its service for any purpose is subject to the laws of the State of Israel and all local regulations applicable to its citizens. By agreeing to these Terms of Use, you undertake to comply with all local laws, national laws and regulations relating to the use of the Website or its services in general, and online Auctions in particular.
4.3.Each User may only hold one account.
4.4.A transaction will not be completed until the Website's management approves such transaction.
4.5.A User who has been blocked from using the Website, is strictly prohibited from using others' accounts or opening new accounts using others' information.
4.6.The Website and/or anyone on its behalf do not obligate to maintain information which is stored about you. You shall be solely responsible for keeping and backing up any information relating to you.
4.7.It isstrictlyforbidden to perform any robotic scan of the Website and/or to impose an unreasonable load of traffic on its servers.
4.8.The Website and/or anyone on its behalf shall be entitled to terminate the Website's activity at any time and without prior notice, and there is no warranty whatsoever with respect to the Website's availability. You undertake toprovide the Website and/or to anyone on its behalf with accurate information and not to mislead, impersonate, slander, infringe any privacy rights, or act against in any unlawful manner.
4.9.If you wish to delete your account, please contact us at[emailprotected]. Please notethatinformation with respect to offers made by a User will not be deleted and the User will be charged with respect to such offers in accordance with these Terms of Use.
4.10.The Website and/or anyone on its behalf shall not be liable for any malfunctions caused as a result of cyber intrusions, force majeure, deliberate or unintentionalmalfunctions, hostile action, acts of war, terrorist activity, natural disasters, malfunctions of credit clearing companies and any other reason not deriving from the Website's activity, in any act or omission.
4.11.While using the Website, you undertake not to: (a) perform or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, basic structure, ideas or algorithms of the Website; (b) modify, translate or create derivative works based on the Website or its contents; (c) copy, rent, lease, distribute, transfer or allow any use of the Website by a third party; (d) use the Website for the purpose of cooperating with a third party; (e) break into, disturb, or disrupt the Website's activity or otherwise attempt to gain unauthorized access to the Website; (f) perform any manipulation or attempt to manipulate the selling price of a Product sold as part of an Auction and/or any bidding process performed on the Website by any means, including by placing bids by other Users or instructing others to place bids to purchase a certain Product; or (g) Users who deliver items for sale to theSales House, undertake to act fairly and not to perform any manipulation or attempt to manipulate the selling price of the products offered by them for sale through theSales House.
4.12.Without derogating from the above, it is clarified that the use of the Website can be for private and personal use only. It is prohibited to sell the Bidspirit services, rent, make it available to another or integrate it into another service, unless an express written permission is given in advance by Bidspirit. It is prohibited to use the Website in order to offer your own service to third parties. You may not copy, store or use the information from the Website and/or Bidspirit database, except for private and personal use of the Website. In addition, any discrepancy between the User's details and the bidder details (name, identification number, credit card number, etc.) is prohibited. It is prohibited to use the Website in a manner that is not expressly permitted under these Terms of Use.
5.Privacy Policy
We will use your information in accordance with our Privacy Policy. Byagreeing to these Terms of Use, you also agree to and approve the Website's Privacy Policy. In order to view the Privacy Policy pleaseclick here.
6.Ownership of intellectual property
6.1.You undertake not to infringe the copyrights and/or intellectual property and/orany other rights (under any applicable law) of the Website and/or of others and to refrain from harming and/or altering and/or disrupting any of the Website's content or to infringe any other third-party rights.
6.2.All rights and/or intellectual property presented on the Website are solely owned by the Website and/or any other website which holds a right to use such rights, and they are protected by any law, including all accounts, titles, computer code, subject, objects, characters, names, stories, dialogues, key sentences, locations, ideas, artistic presentations, animations, sounds, musical compositions, image and sound effects, operating methods, Customers lists, marketsegmentation, User lists, graphics, User-supplied information, and so forth.
6.3.It may bepresumedthat the contents of the Website are the sole property of the Website,unless such are attached to a logo or to a trademark of any other party.
6.4.Any copying, photocopying, translation, storage in a database, transmission or reception in any means, by any electronic, optic or mechanical means or by any other means and/or commercial use in whole or in part and/or making any derivative work of the Website's contents are strictly prohibited, and form, inter alia, a criminal offense, civil and contractual wrongdoing, unless written approval is obtained from the Company to make use in its materials.
7.Payment Method and Purchase Confirmation
7.1.All amounts presented as part of any Direct Sale includes VAT, except for certain cars and real estate properties sold through the Website, as well as Auctions made as part of the art Portal for which additional VAT may be required in addition to any winning bid amount or the Sales House commission as stated on the applicable Product Purchase Page and/or in the terms of sale of the relevant store owners, and the User is solely responsible to verify such issues with the applicable Seller, Receiver, Estate Manager and/or Trustee, as the case may be.
7.2.In each Auction, the Purchase Page and/or the Sales House terms of use will indicate the payment terms and a detailed description of the price breakdown.
7.3.Products prices as presented on the Website shall be valid for purchases made via the Website only.
7.4.Prices are presented on the Website in Dollars (USD), Euros (EUR) or in Rubles (RUB), the effective date for each sale currency rate will vary according to the applicable Sales House terms of use and as presented on the applicable Purchase Page by the Seller.
7.5.The Products shall be provided to you by the Sellers, subject to Customer submitting Customer's details and completing the purchase process and/or winning an Auction, all subject to any law.
7.6.It is hereby clarified that some of the sales procedures may be delayed and/or canceled due to judicial orders provided by any authorized authority.
7.7.As part of any Product order process, the User may be required to provide details of his payment method, personal details of such payment instrument holder, and contact details with such payment instrument holder as requested. If you are required to provide such details, you undertake to provide accurate details in accordance with any law.
7.8.You undertaketouse nay means of payment according to law, and in accordance with the instructions of the owner and/or the issuer of such means of payment.
7.9.The Customer undertakes to bear all the payments imposed on him according to the applicable price presented on the Website and in accordance with the procedureprescribedby the relevant Sales House.
7.10.TheCompany'srecords and/or of anyone on its behalf shall constitute prima facie evidence of the execution of a purchase by you.
7.11.You undertake to keep your password and username details in strict confidence. It is clarified that any activity which included logging in to your account using your password will bind you with all respects.
8.Restriction of the right to cancel the order and return the purchased products
8.1.The right of cancellation of a transaction shall be limited to the greatest extent permitted under applicable law. To the extent specific provisions apply to specific jurisdiction, such provisions shall be set out in the relevantJurisdiction Appendix.
8.2.Cancellation policies in respect of sale of cars and/or real estate assets are in accordance with the terms of sale and/or the terms of participation, in the sale procedure of the Receiver and/or seller of the cars, as published for each such sale.
9.Credit card information
9.1.As part of the conditions of registration as a User of the Website and in order to participate in Auctions through the use of the Website, the User may be required to enter credit card information as a means of payment or temporary deposit (the "Card").
9.2.The Card must be owned by the User and/or someone on his behalf, provided that the User is given permission to use the Card that is not in his name.
9.3.At the time of registration for a particular Auction through the Website, and in accordance with the terms of sale to be determined by the Seller, an amount of credit may be temporary held as a temporary deposit, in order to check the validity of the Card and/or deposit an amount required for participation in an Auction. The required amount will be determined by Seller or Company and may vary from sale to sale.
9.4.In order to confirm the registration of the User in the Website, it is mandatory that the Card information will be valid, updated and ready for use, and that there will be an available credit for charging the amount required for the sale/sales to which the User is registering. At the end of each Auction, and no later than 30 days from the date of registration for the Auction and the temporary deposited held, the amount will be refunded to the balance of the Card.
9.5.It is hereby clarified that entering fraudulent card details by the User and/or anyone on his behalf, may constitute a violation of law and the Company and/or Seller, may report to authorities any such fraudulent attempt and/or act in other legal channels, at their sole discretion. User will not have a reasonable expectation of privacy in such instances.
9.6.Removal/updating Card information from User's account will only be possible if no commitments have been made through Card and/or after payments User has committed to through it, have been fulfilled, for example when User has advance offers in future Auctions or when the User has purchased items and has not yet made payments accordingly.
9.7.The Card details will be stored on the Website in a secure, encrypted and confidential manner, in accordance with the accepted credit clearing standard for online payments and credit information.
9.8.It is clarified that the storage of Card details, payments via the Card and the participation and purchase procedures in Auctions, will be at all times subject to customary law.
9.9.it is clarified that the Company is not, and will not at any point, be responsible for the sale process, participation costs or payments that will be charged from the Card for any purchases on behalf of the Seller.
9.10.it is clarified that any matter arising from, or related to the purchase and/or participation in an Auction, including but not limited to - taxation, issuance of receipt, method of billing, refunds, credits etc., will be the sole responsibility of the Seller, subject to the terms of use of the Company's Website and Services.
9.11.In some Auctions, the User may be able to pay for purchases made, using the Card, subject to the terms of the sale.
9.12.Company reserves the right to allow the Seller to charge the User's Card, as a payment method for User's winnings, insofar as the User does not submit another form of payment to Seller after an Auction win, and subject to a pre-determent deadlines.You undertake to familiarize yourself with the relevant Seller’s Sales Terms and Conditions and you hereby authorize such Sellers, without further notice, to charge the Card that you maintain on file in connection with any fees you owe or otherwise debit or Clear the Card in connection with the payment of the purchase price under an Auction win.
9.13.The Seller will be entitled, at its sole discretion, to approve or reject the participation of any User, and this decision will not be the responsibility of Company or in control of Company
10.Product Shipping
Thepricespresented on the Website do not include shipping and/or other shipping charges, which shall be separately paid in addition to the winning bid amount and/or as indicated by the applicable Seller.
11.Updating the terms of the contract
11.1.TheWebsitereserves the right to periodically update these Terms of Use at its sole discretion and without prior notice. You are required to check these Terms of Use from time to time.
11.2.Anychangeto these Terms of Use shall be binding as of the date of its publication on the Website.
12.Indemnity
12.1.You undertake to indemnify the Company and/or anyone on its behalf for any claim, demand, damage, loss, loss of profit, payment or expense incurred by it, including attorney and legal fees, due to your breach of these Terms of Use.
12.2.Nevertheless, if you violateanyof these Terms of Use, the Website will be entitled to disclose your name and the details know to it, as part of any legal process or otherwise, even if no judicial order is provided.
13.Governing Law and Jurisdiction
Any dispute between you and the Company will be settled by the competent courts in the Tel Avivonly, under the laws of the State of Israel. It is hereby clarified that the provisions of this section apply also to a non-resident and/or a User which is not an Israeli citizen, and in no event you shall raise any Forum Non-Convenience claim against the adequacy of Israeli courts and/or claim that any foreign law shall be applicable to any engagement by you and the Company.
14.Electronic Signatures
You acknowledge that the Website facilitates contractual engagements between Sellers, purchasers, estate mangers and receivers via electronic signature and other online andelectronicmeans ("Electronic Communication"). You hereby agree to the use of Electronic Communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Website. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.Further, you acknowledge that the Website engages third party subcontractor to compile digital forms for electronic signatures and you agree that the Website will share with such third party your details necessary for the creation of such digital forms.
15.Notices
15.1.Any notice to the Website and/or the production of legal documents to the Website, shall be deemed as delivered, solely when they are received.TheCompany's mail address for sending registered mail with delivery approval is: 9 Dov Street, Ramat Gan, and by E-mail:[emailprotected].
15.2.You agree that all communications and notices from the Website to you shall be sent via e-mail, to the e-mail address that you have provided and such notices shall be deemed immediately delivered and will constitute legal delivery of legal documents.
Jurisdiction Appendix
ISRAEL
This Jurisdiction Appendix applies only to people who are subject to Israeli Law. To the extent, that the following provisions differ from the provisions the Terms of Use, this Jurisdiction Appendix is attached to, the provisions of this Appendix shall prevail.
1.Car Sale Procedures
1.1.Upon winning the bid process, you undertake to transfer to the Seller a total of 10% of thewinningamount, within 24 hours from the date of award and to sign the sales agreement in the form provided by the Seller.
1.2.You acknowledge and irrevocably undertake, that if you withdraw from your offer to purchase a car as part of the bidding process on the Website and/or if you do not act as specified above, you shall be obliged to pay the Seller an agreed fixed amount of 10% of the winning amount, immediately at the Seller's request, even if you didn’t sign the sale agreement, and if you fail to do so, the Seller shall be entitled to initiate legal action against you for the purpose of collecting the above amount.
1.3.Without derogating from the above, you hereby approve that in the circ*mstances set forth in Section 3.2 above, BidSpirit and/or the receiver may decide to forfeit in favor of Seller a total of 10% of the winnings amount by debiting your credit card, provided(or will be provided)by youto BidSpirit.
1.4.You hereby acknowledge, that the Seller shall be entitled to hold an online and/or frontal and/or telephone bidding, for the sale of the cars at its sole discretion.
1.5.You hereby acknowledge,that the cars or (any portion of them) will be sold in their existing physical and legal condition AS-IS, and it is the buyer's responsibility to check all information and/or details about the cars before purchasing the same, including accessing the physical place where the cars are located and inspect the car. Any information provided by the receiver, is provided as a service only and does not bind the receiver.
1.6.You hereby acknowledge,that your offer to purchase a car is irrevocable, and that the sale of the car as part of the bidding on the Website is conditional on the debtor's redemption rights and the approval by the Sellerand/or winner in the execution proceedings and/or the court and subject to the approval of the Execution Registrar and or the appropriate judicial body.
1.7.You acknowledge thatBidSpiritallows car dealers and receivers to offer vehicles for sale through the Website ("Merchants and Receivers Service"). Bidspirit will not be liable for any damages, losses or expenses of any kind and type caused to you and / or anyone on your behalf, directly or indirectly, in connection with the Merchants and Receivers Service and you will not have any claim against the company in connection with this service. The Merchants and Receivers Service is the sole responsibility of the Merchants and Receivers who operate them, and BidSpirit shall not be liable for any damage, loss, expense, mental distress and any other damage of any kind whatsoever caused to you as a result of using these Services.
1.8.You acknowledge and agree that Bidspirit is not responsible for the compliance of car dealers and receivers with the requirements of the relevant laws. The sole responsibility for verifying the compliance of car dealers and receivers with the requirements of the law rests solely with you.
1.9.It is further clarified that Bidspirit is not responsible for the presentations and / or representations and / or obligations given by the car dealers and / or receivers and Bidspirit has no obligation to check and verify the correctness and accuracy of these presentations and / or representations and / or obligations. Bidspirit will not be liable for any damage, loss or expense of any kind and type that will be caused to you due to a breach by any of the car dealers and / or receivers of any of their presentations and / or promises and / or obligations.
1.10.It is clarified that it is your responsibility to read and understand the terms of the sale before registering and participating in the sale. Bidspirit is not a party to the terms of the sale and does not guarantee their respect by the seller and / or the receiver. The terms of the sale regulate the relationship between the buyer and the seller. The terms of sale supersede the terms of this agreement.
2.Sale procedures of apartments and/or real estate assets from receivership or estate
2.1. In order to participate in the process of purchasing the property from the receivership and / or estate and / or other, you may be required by the relevant seller to sign a registration form or offer documents for the purchase of that property (the "Offer"). You acknowledge that the offer to purchase the real estate property is irrevocable, but is conditional on the approval of the administrators of the estate and / or the receiver and / or the trustee and / or the family court and / or another authorized judicial body and is subject to the approval of the appropriate judicial body..
2.2.You hereby acknowledge and irrevocably undertake, that if you withdraw from your offer to purchase an apartment and/or a real estate property as part of abiddingprocess on the Website and/or you do not act as specified above, you will be obligated to pay the administrators of the estate and/or receiver and/or trustee and/or Seller an agreed fixed amount of 10% of the winning amount immediately upon the request of the administrators of the estate and/or the Receiver and/or the trustee, and if you fail to do so, the administrator of the estate and/or the Receiver and/or the Trustee and/or the Seller, may initiate legal action against you in order to collect the amount mentioned above, and you hereby irrevocably waive any right and/or claim and/or argument against such procedure.
2.3.Upon winning the bid on the Website, you undertake to immediately sign a sales agreement in the form published by the administrators of the estate and / or the receiver and / or the trustee and / or the seller.
2.4.You herby acknowledge, that the administrators of the estate and/or the receiver and /or the trustee and/or the Seller shall be entitled to hold an online and/or frontal and/or telephone bidding for the sale of the apartment and/ or the real estate property at their sole discretion.
2.5.You herby aware, that the apartment and/or real estate property are being sold in theirexistingphysical and legal condition on an AS-IS basis.
2.6.You herby acknowledge, that the administrator of the estate and /or the receiver and/orthe trustee and/or the Seller are not aware and shall not be responsible the physical and/or legal and/or planning condition and/or any other defect in the apartments and/or the real estate property, whether visible or hidden.
2.7.You are aware and agree that the terms of the offer exceed what is stated in these general terms of service.
3.Restriction of the right to cancel the order and return the purchased products
3.1.The right of cancellation of a transaction is valid in relation to transactions and consumers, to which the Consumer Protection Law refers to purchases made in the State of Israel. Please note, that some of the transactions on the Website are notsubjectto the Consumer Protection Law, and the cancellation policy in relation to these transactions, will be in accordance with the terms of sale to which you have agreed with your participation in the sale. In the case of auctions, not least in the bidding process for products offered for sale by a Receiver, Trustee and/or Estate Manager, the Consumer Protection Act may not apply to them, nor may the cancellation provisions as set forth herein.
3.2.Cancellation policy in respect of cars' sale are in accordance with the ter
