Marketplace Policy

1. General.

1. Services. This Terms and Conditions of Use Agreement (hereafter this “Agreement”) sets forth the general terms and conditions that apply to the use CSS Auctions website to, including the features and services offered by us from time to time at or through the Sites (collectively with the Sites, the “Services”). It is your obligation to carefully review and read these terms of service before registering to participate in our online auctions. Once you elect to participate in our online auction, you agree to bound by the terms and conditions set forth herein. Our website can also be found at www.cssliveauctions.com You are entering into a legally binding agreement between you or your business and us. In addition, you are bound by any and all terms incorporated by reference, which incorporates by reference our privacy notice. If you do not agree to all of these terms, do not register or otherwise utilize the site to participate in the bidding BY USING CSS AUCTIONS, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN. Please take the time to carefully review the within terms as it does among other things, limits the liability of CSS Auctions. Before using any of the Services, please read all of this Agreement carefully.

2. General Eligibility Requirements

a) Age:

By accessing or using any Services, you affirm that you are over 18 years of age and are otherwise capable of forming legally binding contracts, and that you agree to be legally bound and to abide by this Agreement. If you are under 18 years of age, or are otherwise incapable of forming legally binding contracts, or do not agree with any part of this Agreement, YOU MUST NOT ACCESS OR USE THE SERVICES.

b) Identification:

A valid, State or Federal issued ID is required to pick up all purchases. It is your responsibility to pick up your items at your expense following the auction. For further information please see paragraph 8 below. Following a successful bid CSS Auctions will send you an email confirmation. You must present this email confirmation at the time of pick up. Further, if your company will not Be picking up your items, you will need to send us written authorization of the person or carrier Who will be picking up your merchandise.

c) You agree that you will not open or use multiple accounts:

You further agree that you will not use or website to interfere with or obstruct the rights of other bidders. CSS Auctions reserves the right to suspend or revoke any account, which CSS Auctions believes, in its sole discretion is using the for an improper purpose or otherwise not following the terms the conditions set forth herein.

All decisions by CSS Auctions regarding account eligibility are final and not subject to review.

c) Credit cards:

To be eligible to participate or bid in any auction with CSS Auctions, you must set up an account with Shopify to pay for your items you successfully bid on. You can click the hyper-link on our site to set up your Shopify account. Please be advised that Shopify has its own terms and conditions which you should review. These terms and conditions can be found at https://cssauctions.com/pages/terms-and-conditions.

d) Bidding:

By bidding you affirmatively are representing that you are authorized to bid on behalf of your company. Your company will be bound by the terms and conditions set forth herein. If you do not agree with any of the terms stated herein you should not subscribe or bid on our site. You will be deemed to have given your assent to the terms and conditions set forth herein when you register to bid on www.cssliveauctions.com

e) Inspection Acceptance:

You shall have three business days (3) from the date you take possession of Inventory to inspect the Inventory for any discrepancies with the description of the Inventory contained in the Listing, and to report any discrepancies to CSS Auctions. To report a discrepancy, you need to send an email to ecommerce@cssincusa.com which identifies the Inventory and describes the purported discrepancy or issue (“Complaint”). CSS Auctions will thereafter forward the complaint to the email address found on our website. CSS Auctions shall have the right to conduct an additional inspection at its own expense. If CSS Auctions agrees that there was an issue, we will work with you to reach an amicable resolution.

3. Sale Procedure

Inventory will be sold pursuant to the following process. If you wish to bid on inventory displayed on www.cssliveauctions.com, site you will be prompted to enter your bid amount.

A. Your bid must be (i) in an amount equal to or greater than the opening bid. Thereafter, all subsequent bids you will likewise be required to enter a bid equal to or greater than the current (last) bid.

B. Your bid must be timely placed before the scheduled closing time for each listing. If your bid is placed after the listing has expired, it will not be recognized. You understand and agree that CSS Auctions and its affiliates, representatives, officers, servants and employees are not responsible for an equipment failure or disruption which results in an unsuccessful bid.

C. In the event you have winning bid you will receive an Email Invoice confirmation from CSS Auctions. The email confirmation will be sent to the email address you provided when you registered for your account. It is your responsibility to ensure that all of your contact information is kept current. Should you need to update any of your information please click on the appropriate link and follow the instructions on the Site. It is your responsibility to keep your email address current.

D. It shall be your responsibility to timely check your email to determine if you are the winning bidder for any listing. CSS Auctions are not responsible for the failure of an Email Invoice to reach you for any reason, including, but not limited to, technical problems or other system error.

4. Bidding terms / Auctions with and without Reserve

CSS Auctions will have two types of listings:

A. Wholesale Auctions:

Wholesale Auctions sponsored by CSS Auctions will be conducted with a reserve.

CSS Auctions will display a conspicuous online notice on all wholesale listings which will alert prospective bidders that the minimum threshold or reserve on a given lot has been met. Once the minimum reserve has been met, the lot will go to the highest bidder whose bid equals or exceeds the reserve. As noted above, it shall be your responsibility to timely check your email to determine if you are the winning bidder on any of our Wholesale Auctions.

B. Liquidation Auctions:

Liquidation Auctions sponsored by CSS Auctions unlike Wholesale Auctions will be auctioned to the highest bidder without any reserve. That means any prospective bidder who tenders the highest bid will be deemed the winner. It shall be your responsibility to timely check your email to determine if you are the winning bidder on any listing designated as a liquidation Auction.

5. Inspection, due diligence

You shall have three (3) business days from the date you possession of Inventory to inspect all items for any discrepancies with the description of the Inventory contained in our Listing.

a) You must, within Three business days of taking possession to report any discrepancies or issues to CSS Auctions (see paragraph 6 below).

b) Failure to comply with this time frame will constitute a waiver of your right to do so.

6. Reporting

If your items are non-conforming, damaged or defective in some respect, you must timely report a problem or issue by going to www.cssliveauctions.com and click on the email link to report an issue with items you received.“ CSS Auctions will thereafter review your complaint and apply its best efforts to resolve this issue[s]. CSS Auctions shall have the right to conduct an additional inspection at its own expense. If CSS Auctions agrees that there was a discrepancy or problem, CSS Auctions will work with you to reach an amicable resolution. If you have taken possession of Inventory and do not report an issue within 3 business days, you shall be deemed to have made an unqualified acceptance of the Inventory, and you waive all claims with respect thereto. All sales are final.

7. Disclaimer

As noted in Paragraph 6 above, CSS Auctions will make a good faith effort to resolve any discrepancies (timely reported in accordance with paragraph 5 above) or issues with the items you purchased as a successful bidder. CSS Auctions will post photographs to enable you to view the items being put up for auction. CSS Auctions will attempt to make sure that all photographs fairly and accurately depict the items listed for auction. If you have questions or need additional information about any item to be listed for auction you can reach out to our support staff at https://cssliveauctions.com/contact-us

A. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE, THE SITE AND RELATED SERVICES, AND ALL INVENTORY IS PROVIDED TO YOU “AS IS” AND “WHERE IS”. IN ADDITION, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CSS AUCTIONS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE INVENTORY, THE SERVICE, THE SITE OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION THE INVENTORY’S CONDITION OR QUALITY OR THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

B. CSS AUCTIONS WILL LIKEWISE NOT BE RESPONSIBLE FOR ANY ISSSUES, DISRUPTIONS OR PERFORMANCE ISSUES WITH OUR WEBSITE. CSS AUCTIONS DOES NOT WARRANT OR CSS AUCTIONS DOES NOT GUARANTY THAT OUR WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

C. THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CSS AUCTIONS ITS SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND BIDDER AGREES NOT TO HOLD CSS AUCTIONS RESPONSIBLE, FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM THE FOLLOWING, EVEN IF CSS AUCTIONS OR SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

D. CSS AUCTIONS IS NOT RESPONSIBLE IN THE EVENT YOU ARE UNABLE TO USE THE SITE OR SERVICES.

E. CSS AUCTIONS IS NOT RESPONSIBLE FOR VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SITE OR SERVICES.

F. CSS AUCTIONS SHALL NOT BE HELD RESPONSIBLE FOR ANY GLITCHES, BUGS, NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. Time for Pick Up

It is agreed and understood that you have seven calendar (7) days from the date you won the bid to pick up your items from our warehouse at the following address:

35 Love Lane
Netcong, New Jersey 07857

*** If your goods are located at another facility, you will be given an email confirmation at the email address we have on file. As noted above, it is your responsibility to make sure your information is up to date.

9. Failure to take possession before deadline

CSS Auctions has limited warehouse space which costs money to use and occupy. It is imperative that all bidders remove their merchandise from our warehouse in a timely manner. In the event you do not pick up your items within seven (7) days, CSS auctions will have no choice but to impose a per diem penalty in the amount of $100.00 per day. In the event you do not pick up your items within 30 days from the date of your email confirmation memorializing the acceptance of your bid by CSS Auctions.

10. Confidential Information

CSS Auctions will treat your company profile information as confidential. As used in this Agreement, “Confidential Information” shall include information provided to CSS Auctions by your company that is non-public, confidential, or proprietary, including, but not limited to, your profile information relating to your bidding history and activity while utilizing our website. Confidential Information shall not include:

a. Information that has come within the public domain through no fault of or action by CSS Auctions or its affiliates; or

b. Information, which is in the possession of CSS Auctions, at the time of disclosure by your company or which is independently discovered, after the date hereof, by CSS Auctions, without the aid, application or use of the Confidential Information, in each case as evidenced by written records of CSS; or

c. Information, which is obtained, after the date hereof, by CSS Auctions, from any third party which is lawfully in possession of such information and not in violation of any contractual or legal obligation with respect to such information.

11. Amendments

CSS Auctions reserves the right, in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms and conditions of this Agreement at any time. Except as otherwise stated below, all changes, modifications, or other amendments shall be effective on a prospective basis once they are posted on our site. This Agreement may not otherwise be amended except in a writing signed by you and CSS Auctions. Continued use of the Services by you constitutes your binding acceptance of this Agreement, including any changes or modifications made by us as described above. You agree to review the terms and conditions of this Agreement periodically to become aware of such revisions and to review your compliance with them. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you must immediately cease all use of the Services. The right to access and use the Services is personal to you and is not transferable to any other person or entity.

12. Indemnification

YOU WILL INDEMNIFY AND HOLD CSS AUCTIONS AND ITS RESPECTIVE SUBSIDIARIES, AND AFFILIATES, AND ALL OF ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS PURCHASE AGREEMENT OR THE USER AGREEMENT, (B) YOUR IMPROPER USE OF THE SITE OR SERVICES, (C) YOUR SUBSEQUENT SALE OF ANY INVENTORY, (D) YOUR BREACH OF ANY APPLICABLE LAW OR REGULATION, OR € YOUR INFRINGEMENT VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

13. Governing Law

These Terms of Purchase will be construed in accordance with and governed exclusively by the laws of the State of New Jersey.

14. Independent Contractors

None of the terms and conditions set forth herein or your access of the website does not create, and nothing contained in These Terms of Purchase will be deemed to establish a joint venture between any of the parties, or the relationship of employer-employee, partners or principal-agent. Further, no party will have the power to bind any other party without the other’s prior written consent nor make any representation that it has any such power.

15. Severability

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

16. Force Majeure

If performance hereunder is interfered with by any condition beyond a party’s reasonable control, such as an act of God, the affected party will be excused from such performance to the extent of such condition.

17. Entire Agreement; Waiver

These Terms of Purchase, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties. The waiver of a breach of any provision of these Terms of Purchase will not operate or be interpreted as a waiver of any other or subsequent breach. In the event of a conflict between these Terms of Purchase and the Terms of Use, the provisions of these Terms of Purchase shall control.