SeeAuctions.com™ Seller Agreement
SeeAuctions.com™ is an online hosting and live auction service for buying and selling antiques, collectibles & fine art. The terms of all sales under SeeAuctions.com™ are subject to the individual sellers’ policies, in accordance with the SeeAuctions™ Seller Agreement. Copyright ©2009 SeeAuctions™, Inc. All rights reserved.
Our Responsibilities as a HostYou agree that SeeAuctions™ is acting as a host only of seeauctions.com web site and is not liable for your items you are listing for sale, sales, payments, or shipping. You agree that we are not liable for your actions or representations or for those of any other users. You waive any rights to make any claims against us regarding any dispute related to any use of the seeauctions.com web site by anyone. SeeAuctions™ will oversee the seeauctions.com web site activity and may suspend any Seller Accounts or take other measures or pursue other remedies where in its sole discretion it has determined that (1) there is a violation of this Seller Agreement including the Selling Guidelines; (2) there are numerous valid complaints about a Seller; or (3) a governmental agency alleges illegal conduct.
Your Responsibilities as a SellerBy registering as a seller on the seeauctions.com web site you agree to abide by this “SeeAuctions™ Seller Agreement” and all other SeeAuctions™ agreements including the “Terms and Conditions of Use,” the “Privacy Policy” and any other agreements posted on the seeauctions.com web site, including all future changes and agreements.
Seller FeesBy registering as a seller you also agree to pay all fees charged by SeeAuctions™, including the initial fees to establish your Seller Account. All fees are payable in U.S. currency. You agree to pay any additional fees charged by us for additional services you select on the seeauctions.com web site. Fees are automatically deducted from your credit card on file.
Signing Up as a SellerAll Seller registration information shall be subject to approval by SeeAuctions™ and your Seller account will not be activated until we have granted such approval, normally within 3 business days. By registering, you grant us legal authority to perform a complete background check on all information you provide us. You agree to choose a URL and Username are relevant to your business. You agree not to use the terms “.com” or “dotcom” and agree not to use any vulgar URL or Username as determined in SeeAuctions' sole discretion. Any violation of these naming conventions shall subject your account to immediate suspension or termination by us.
Listing PoliciesPermissible Items
Sellers may list items in the following categories on the seeauctions.com web site:
1. True Antique Items: “True antique” means something dating 100 years or older which has a monetary value and is collected because of its age, rarity, condition, utility, or other unique feature(s).
2. True Collectibles/Vintage Items: “True Collectible/Vintage” means an item dating 25-99 years old collected because of its age, rarity, condition, utility, or other unique feature(s). Permissible exceptions to the date requirement are newer items with real investment values and not mass-produced, such as Hummel® figurines.
3. Fine Art: “Fine Art” means any piece of art that complies with categories 1 and 2 above. Permissible exceptions to the date requirements are newer art which originates from the artists listed in national art directories. No unknown local artists’ works or mass produced art is allowed.
4. Jewelry: “Jewelry” means any jewelry which complies with categories 1 and 2 above. Permissible exceptions to the date requirements are newer jewelry which is manufactured and/or signed by a named designer.
Sellers are restricted of prohibited from listing items in the following categories on the seeauctions.com web site:
1. Firearms, ammunition, explosives of any kind are prohibited. Cap guns are permissible if they have an orange cap on the end of the barrel. Seller shall comply with all state, federal and local laws regarding the sale of other weapons including antique swords and knives.
2. Drugs and drug paraphernalia are prohibited.
3. Any item originating from an endangered species or other restricted species is prohibited.
4. Alcoholic beverages are prohibited. However, empty bottles which no longer contain alcoholic beverages and are fully cleaned and dried but are permitted.
5. Liquids and perishables are prohibited.
6. Tobacco products are prohibited. However, empty packs and tins are permitted.
7. Slot machines are permitted only if they are over 30 years old and only in states where Sellers and Buyers reside which permit such sales. Sellers and Buyers in the following States may not participate in antique slot machine sales due to laws prohibiting slot machine ownership in their State: Alabama, Connecticut, Hawaii, Indiana, Nebraska, South Carolina and Tennessee.
8. Stolen or missing items. If you suspect an item may be stolen or missing you shall immediately contact SeeAuctions™.
9. Any item which is illegal to ship or transport across State lines. Sellers are solely responsible to determine the federal, state and local laws governing their transactions and agree to indemnify an hold SeeAuctions™ harmless for any violations of such laws.
Sellers must provide accurate descriptions, titles, conditions, dimensions, and shipping information regarding all items listed. All information relating to an item listed must be written in a way that is not misleading, does not misrepresent the item or is difficult for a potential buyer to understand. At a minimum, the listing of each item shall include:
1. At least one clear photograph of the actual item listed for sale;
2. An accurate written description of the item;
3. Correct dimensions of the item and optionally, the weight.
4. A precise and honest description of condition of the item, including any defects. “Defects” include, but are not limited to, chips, cracks, blemishes, rust tarnishing, scratches, hairline fractures, fleabites, factory defects, and damage of any kind. All defects must be mentioned somewhere in the item’s description on the listing.
SeeAuctions™ offers a maximum of 3 category listings per item. All categories listed for an item by a Seller must relate to the item listed. Sellers cannot list an item in an irrelevant or misleading category.
Shipping, Handling, Materials and InsuranceSeller must ship each item sold within five (5) business days of Buyers’ payments clearing. Seller agrees to charge reasonable shipping fees to Buyers. Shipping fees shall not exceed the actual cost of shipping, handling and materials cost combined. Insurance, if offered, shall not exceed the actual cost of insurance determined by the carrier. “Shipping Cost” means the cost of
the item to ship determined by the chosen carrier (postage cost). “Handling Cost” means the cost of time and effort for item packaging prior to shipment. “Materials Cost” means the cost of materials involved in packaging the item. “Insurance Cost” means the cost to fully or partially insure item(s) as determined by the carrier.
Sellers are solely responsible for compliance with all sales and other tax laws and regulations, including requirements for collection and payments, including any international laws.
Selling GuidelinesYou agree to abide by all SeeAuctions™ “Selling Guidelines” listed below:
1. Pick a USERNAME which will be unique to your business and easy to remember for your users.
2. Your web “Storefront” should be well-maintained and unique to your business. Remember that flashy colors and loud designs might be fun for you, but they irritate most users. External links are permitted within an item listing or on your Storefront. However such links shall relate to the item or store; links for personal use, giveaways or gimmicks along with spamming are prohibited.
3. When listing items, keep in mind that the title and subtitle are the default fields used by search engines to locate items searched by Buyers. Place all necessary key words in the title and subtitles to optimize searches of your URL.
4. Featured listings receive from 100% to 1000% more traffic and greatly increase item visibility. If you have a very unique item, it may be worth the extra attention to be gained from making it a featured listing.
5. Sellers should always accept as many forms of payment as possible to increase the potential number of Buyers.
6. Sellers should always be courteous and respond timely to potential Buyer’s questions, comments or concerns. All communications should be responded to within a 24-hour period.
7. Sellers must accurately describe any defects in an item. Defects include, but are not limited to, chips, cracks, blemishes, rust, tarnishing, scratches, hairlines, fleabites, factory defects, and damage of any kind.
8. If a Buyer requests a new invoice, Sellers shall provide one or otherwise resolve any Buyer requests.
9. When shipping an item, Sellers shall always purchase delivery confirmation and/or insurance on EVERY item. This will serve as proof of shipment and can be of great help with any claims of a package not received or an item received in a damaged condition.
10. Sellers shall adopt a fair return policy and shall consider every item for return. A fair return policy will help ensure a Seller’s positive image and trustworthiness.
Shill Bidding is Prohibited.
Shill bidding on seeauctions.com is prohibited. “Shill bidding” means any method used to artificially increase an item’s value or desirability. Any person who has any information about an item which is not included in the Item Description on seeauctions.com may not bid on that item, including, family, friends, employees and co-workers.
Sellers are required to accept money orders and cashier’s checks. Optional payment methods include personal checks, Paypal®, Google® Checkout®, e-check and credit cards through a Seller merchant account. Cash transactions may be unsafe and are discouraged. Sellers cannot harass or intimidate Buyers to pay for an item and are required to comply with all federal, state and local laws regarding collection of accounts. Sellers shall report any item remaining unpaid for thirty (30) days after the award or purchase date to SeeAuctions™.
Buyer ResponsibilityBuyers are responsible to make payments for items awarded or purchased from Sellers by auction or fixed price by making an online or mailed payment to Sellers within five (5) business
days of the award or purchase.
Seller agrees to offer a reasonable return policy.
Seller Indemnification and Hold Harmless AgreementYou agree to indemnify and hold us, our officers, directors, agents and employees, harmless from any claim maybe by anyone due related to your breach of this Agreement, or your violation of any law.
Intellectual Property RightsThis Agreement does not grant any intellectual property rights in our trade name, trademarks, logos, the web site, or any content developed by SeeAuctions™, which shall at all times remain our intellectual property. You, as a Seller, are granted a non-exclusive, non-transferable, limited license to use the Buttons we provide in the form of our logos to be used on your Seller’s
Dashboard which use shall be limited to use as links to your Seller Storefront. Such Buttons are to be displayed only on your Seller web pages or applications and remain the sole property of SeeAuctions™. All other uses of all SeeAuctions™ intellectual property is prohibited.
A violation of any provisions of this Agreement by you may result in the following actions as determined in our sole discretion.
1. Listing cancellation with or without a refund of the listing fee.
2. Account limitation with full access to dashboard feature but no listing capabilities.
3. Account suspension from your account login and no access to your account.
4. Account termination including removal of your entire account from seeauctions.com, loss of your Username, URL address, Storefront, Listings and all other personal information.
5. Legal action as deemed necessary or advisable.
This contract is governed by Minnesota law. Except as qualified below, any dispute between you and SeeAuctions™ arising under, out of, or in connection with or in relation to this Agreement or any transaction on seeauctions.com will be first submitted to a Voluntary Resolution process with us. The parties shall make a good faith effort to resolve such dispute through this voluntary process, including the option of Mediation with a qualified neutral mediator, who shall be selected mutually by the Parties from the Minnesota Supreme Court’s Qualified Neutral Roster, at Stillwater, Minnesota, by a written notice of by either you or SeeAuctions™ to the other party. Should we fail to come to a written agreement under a Voluntary Resolution or Mediation process within ninety (90) days of a written notice by a party invoking the Mediation process, then the dispute shall be submitted to binding arbitration under the authority of the Federal Arbitration Act and will be arbitrated in accordance with the-then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”); provided, that the parties will be entitled to conduct discovery as set forth in the Minnesota Rules of Civil Procedure and the arbitrator will have the power to compel discovery. The arbitration will take place before a single arbitrator in Stillwater, Minnesota, or at such other place as is mutually agreed to by the parties. Arbitration will be commenced by a party giving written notice to the other party stating the grounds of the dispute, the relief sought and that the dispute is being arbitrated under this Agreement. If the parties cannot mutually select an arbitrator and agree to administration of the arbitration within 30 days after written notice is given, then the arbitration will be administered by the AAA. The decision of the arbitrator will be final and binding on all the parties to the dispute; however, the arbitrator may not under any circumstances assess punitive or exemplary damages. A judgment may be entered upon the arbitration award by any state or federal court in Minnesota. SeeAuctions™ will be entitled to its costs and expenses of arbitration including without limitation reasonable attorneys’ fees if it prevails.
Changes To Agreement SeeAuctions™ reserves the right to make any amendments to this Agreement at any time in our sole discretion as posted on SeeAuctions.com and you agree that you are bound by such modifications to this Agreement.
Updated: January 27, 2009