Terms of Service
Southernestatesales.net and its related sites, services, applications, domain names, and tools (collectively, the "Site") are owned and operated by Southern Estate Sales and its subsidiaries dba Southern Estate Sales ("Southernestatesales ," "us" or "we"). This page explains the terms by which you may use the Site and our online and/or mobile services, and software provided or in connection with the service (collectively, the " Service"), including by (i) submitting bids for the purchase of items posted for auction by the Company as a " Buyer" and (ii) submitting an item description and any other related information in connection with the listing of an item for sale on the Site as a "Seller." These terms and conditions (the " Southern Estate Sales Terms and Conditions") apply to all Buyers, Sellers, visitors, users and others who register for or otherwise access the Service ("Users").
1. Eligibility to Use the Site
- You must be able to form a legally binding contract and you must be at least eighteen years of age.
-You agree that you will not manipulate the price of any item that you do not intend to buy.
_You may not use the site if you have been removed or suspended from the site. You may not engage in any activity that could result in removal or suspension.
-You must deliver payment for any items purchased by you along with any. fees and shipping costs that are due.
-You may not share or transfer your account with anyone else without our consent.
-You may not create an account that attempts to hide or misrepresent your identity.
-You may not create an account that uses the personal information of someone other than yourself.
-You may not conduct any fraudulent activities on our site.
-You may not log onto our site by any automated means
- You may not access data that is not intended for you and you may not log into our server any account of ours that you are not authorized to access.
-You may not use the site in a way that would disrupt, interfere with or inhibit other users from using or enjoying the site.
-You may not use the site in any way that could disable, damage or impair the functionality of the site.
-You may not bid on any item that may only be sold to someone 21 years or older if you are not 21 years old or older.
Southern Estate Sales is an auction site that brings together Buyers and Sellers. Items are sold through a consignment arrangement with Southern Estate Sales. We will also accept some listings from third parties. We will assist in preparing the listings for consignment items on our site. Southern Estate Sales is not a broker or dealer and we do not hold the title to any items on our site.
We do not warranty or make any representations regarding any third party listed items. We cannot guarantee the accuracy of any description submitted to our site.
All items are sold "as is" and most items will be in acceptable used condition. We will state when an item is new, unopened or never used. Users must understand that our information regarding any item may be limited but we will always describe it to the best of our ability and knowledge. Because of the nature of the business and the number of items we sell, we cannot possible list every flaw associated with an item. We will do our best to describe any obvious faults like chips or cracks. This is not to say that we assess flaws like you do so you should always read the descriptions carefully, study the pictures and ask appropriate questions. You must take responsibility upon yourself to assess the item before bidding and understand that Southern Estate Sales relies upon information provided to us by the Seller of the item.
Southern Estate Sales and Sellers MAKE NO GUARANTEE, WARRANTY OR REPRESENTATION (EXPRESSED OR IMPLIED) ON ANY ITEM. WE DO NOT GUARANTEE OR WARRANTY THE CONDITION, RARITY, SUITABILITY FOR PARTICULAR PURPOSE, MARKETABILITY, SIGNIFICANCE OR IMPORTANCE OF ANY ITEM.
All bids must be placed through our site. We do not allow absentee bidding. Reserve prices will be visible on items with a reserve, if none is visible, the item is being sold to the highest bidder with no reserve price. Auctions do not require competing bids to be considered complete. Sellers may not withdraw any item once the auction begins and a solicitation of public bids has begun, however Southern Estate Sales reserves the right to withdraw an item or content on our site at our discretion. We will not be liable to any user if we withdraw an item or remove any content from the site.
At the scheduled closing date and time of a sale, items will begin to close at predetermined times. The auction may be extended by our automated extension system. If an item receives a bid with less than five minutes remaining in the auction, the closing time of the auction will reset to five minutes. The closing time will continue to reset with each new bid. The auction will not close until five minutes have elapsed with no new bids.
3. Bidding and Auction
Buyer's Contract - Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to Southern Estate Sales. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items.
Placing a Bid — You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services and participate in the online auction), all bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time prior to the close of the auction. You expressly agree that, due to the irrevocable nature of the bids, any cancellation or correction of a bid by Southern Estate Sales may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item and agree to any additional handling and shipping fees applicable for shipped items. It is your responsibility to understand the pickup and delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional.
Minimum and Maximum Bids — When submitting a bid, you must raise the bid by a minimum established increment. You may elect to raise the bid by more than the required minimum by entering a higher bid in the "Your Minimum Bid" box. If you enter a higher minimum bid and your bid is the winning bid, you agree to be bound to your bid amount, regardless of any other previous bids. You may also elect to enter a proxy bid in the "Your Maximum Bid" box. If you enter a maximum bid, the system will automatically raise your bid by the specified increments if you are subsequently outbid, up to your designated maximum bid amount ("Maximum Bid"). Maximum Bids are not disclosed. Maximum and/or Minimum Bids do not include any taxes, shipping or handling fees.
Increasing Your Own Bid — The system will permit you to raise your own bid by rebidding on the same item. This is to permit you to raise the price of an item out of the reach of other bidders. If you rebid on an item, your new bid is binding.
Bid Correction/Retraction — As stated above, all bids represent irrevocable offers to purchase that may not be withdrawn prior to the close of the auction. It is your sole responsibility not to submit erroneous bids. In the event that you submit an erroneous bid more than twenty-four (24) hours before the scheduled close of a sale, you may request a correction by calling us or emailing us. Bid corrections are at the sole discretion of Southern Estate Sales. Bid correction requests will become part of your user history, and are subject to review. Under no circumstances will a bid correction request be honored in the final twenty-four (24) hours of a sale. Notwithstanding any of the foregoing, Southern Estate Sales reserves the right to cancel any bid at any time if, in our sole discretion, we determine an error was made.
Bidding Notices — For your convenience, Southern Estate Sales provides certain e-mail, push and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. You expressly agree that the display of the highest bid and the status of your current bid on the Site at the close of the auction are both accepted means of acceptance of your bid by the Seller. The bid history reflected on the Southern Estate Sales system supersedes any e-mail, push or SMS communication in dispute resolutions.
Shill Bidding — You represent and warrant that you will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the Seller. You will be held liable for and agree to indemnify Southern Estate Sales against any damages incurred by Southern Estate Sales due to your related shill bidding.
Payment Forms Accepted - If you have placed the winning bid on an item that is eligible for in person pickup, you can pay for your purchases during the designated removal and payment times listed by cash, or you may prepay online with a credit card and present your ID for pickup. All invoices under five thousand dollars ($5,000) that are shipped must be paid with a credit card. Purchases over five thousand dollars ($5,000) will require payment via cashier's check, ACH or wire. Winning bidders with questions of how to make payment should submit a question via our email or by phone. If you do not elect a fulfillment method and you do not pick the item up during the scheduled pickup time outlined, Southern Estate Sales reserves the right to charge your payment method on file for the total purchase price of the item plus any applicable handling and shipping charges, and may ship the item to your address of record. You hereby expressly grant Southern Estate Sales the right to hold a winning item until confirmation of cleared funds has been received by us.
Escrow Arrangements – A Seller utilizing the Service to sell Third-Party Listed Items will have payments held in a non-interest bearing general escrow account maintained by Southern Estate Sales for all such Sellers for a period of not more than 30 days until the Buyer of the Third-Party Listed Items receives that Third-Party Listed Item by means of one of the fulfillment options discussed below. Should the Buyer not receive the Third-Party Listed Item within that 30 day period through no fault of such Buyer or should Buyer return, within that time period, the Third-Party Listed Item due to the failure (as determined by Southern Estate Sales in its sole discretion) of that Third-Party Listed Item to conform in a material manner to the Third-Party Listed Item description, Southern Estate Sales will remit the escrowed funds to the Buyer. Upon Buyer's receipt of the Third-Party Listed Items sold by a Seller, Southern Estate Sales shall remit the escrowed funds to Seller.
Failure to Pay — Any items not paid for in accordance with Southern Estate Sales Terms of Service within seven (7) days of the sale closing (or upon a later applicable payment due date as may be provided herein) will be forfeited by you and, as to Consignment Items, Southern Estate Sales may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of Southern Estate Sale's choosing. Third-Party Listed Items not paid for in accordance with the Southern Estate Sales Terms of Service will be retained by the Seller that listed the Third-Party Listed Item and may be re-listed for sale on the Site. Southern Estate Sales reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by Southern Estate Sales in collecting your payment.
Should you place the final winning bid on an item, you will receive an invoice from Southern Estate Sales. By selecting the invoice and clicking "Checkout" you will be able to designate your final fulfillment method.
Pickup Option — Certain sales and items may have a designated pickup time and location. Before bidding, confirm whether you can pick up your item at the designated time and location. You must provide your own tools, labor and transportation to facilitate safe removal of your item(s). Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment. Southern Estate Sales will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
_Delivery – Southern Estate Sales and Sellers utilize third party shipping agencies for packaging, handling and delivery of most items. Please be aware that not all items are eligible for shipping. If you intend to have an item delivered, it is your responsibility to understand the potential delivery costs before placing your bid. Southern Estate Sales will use reasonable efforts to ship the Consigned Items within ten (10) business days after the scheduled sale removal and payment date. Seller, as to Third-party Listed Items, must use reasonable efforts to ship the merchandise within five (5) business days after the scheduled sale removal and payment date. When you win an item, any shipping times we provide are estimates only and actual delivery dates may vary. You acknowledge that some items may have a longer processing period such as large items which may take six (6) to eight (8) weeks for delivery.
Alternate Pickup - In certain locations, Southern Estate Sales may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have your item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.
Handling Fee — Items which must be moved from one location to another in order to make alternate pickup arrangements are subject to a minimum handling fee of ten dollars ($10.00) per lot. You agree that Southern Estate Sales may charge a higher handling fee, in its reasonable discretion, for certain items which are difficult to transport.
Title and Risk of Loss — Subject to these Southern Estate Sales Terms of Service, title and risk of loss to purchased items will transfer from the Seller to Buyer upon the completed processing and receipt of your payment by Southern Estate Sales made in accordance with these terms. Southern Estate Sales is not responsible for insuring items while in Southern Estate Sales' possession. Upon the transfer of risk of loss to you, you agree to maintain adequate insurance coverage on such items located on Southern Estate Sales' premises. In the event you take possession of any purchased item before the completed processing and receipt of your payment by Southern Estate Sales, the risk of loss will transfer to you upon your taking possession.
Failure to Pickup
-IN THE EVENT THAT A BUYER FAILS TO PICKUP OR DESIGNATE SHIPPING FOR ANY ITEMS, YOU HEREBY AUTHORIZE SOUTHERN ESTATE SALES TO CHARGE YOUR CREDIT CARD ON FILE. IN THE EVENT, WE DO NOT HAVE CORRECT CREDIT CARD INFORMATION, YOU WILL RECEIVE A FINAL INVOICE THAT MUST BE PAID WITHIN 5 DAYS. IF THE BUYER DOES NOT COMPLY IN THE 5 DAYS, YOU WILL TURNED OVER TO OUR COLLECTION AGENT, LOSE ALL PRIVILEGES ON OUR SITE AND REPORTED TO CREDIT AGENCIES. THE ITEMS IN QUESTION MAY BE RESOLD, RETURNED TO THE BUYER OR DONATED, SOLELY AT THE DISCRETION OF SOUTHERN ESTATE SALES.
All items are sold 'as is, where is". We will only accept returns in the case of a grave error made by Southern Estate Sales or the Seller in the description as determined by Southern Estate Sales in our sole discretion. All requests for return must be submitted with 30 days of the delivery date or your pickup date.
Additional terms and conditions may be announced and/or posted prior to any sale and will take precedence over any previously announced or posted terms.