Manhattan Art Auctions:
Terms and Conditions
This Agreement sets forth the terms and conditions that govern the relationship between Manhattan Art Auctions (“Manhattan Art Auctions”) and you (“you” or “Buyer”) with respect to process, terms and conditions under which you may bid, offer to purchase or otherwise participate as a potential buyer in online or live auctions for items such as art, books, music, services, personal property and other similar items (collectively “Property”) on Manhattan Art Auctions websites (collectively, the “Site”). If you wish to access or use the Site to bid on or offer to purchase any items of Property through the Site (the “Services”), you must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. BY REGISTERING AND USING THE SERVICES OF THE SITE AS A BUYER, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN.
Use of the online auction portion of the Site and the Services is limited to Buyers that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not bid on or offer to purchase items of Property through the Site. Every Buyer who uses the Services hereby represents and warrants to Manhattan Art Auctions that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register, you must provide your real name, address, phone number, e-mail address and valid credit card number, along with other information that may be required from time to time. Providing inaccurate registration information constitutes breach of this Agreement.
Use of the Site
You may bid on or offer to purchase items of Property for sale at auction on the Site during the term of this Agreement, subject to the following terms and conditions:
* You must honor all bids placed in an auction, and are obligated to complete the transaction if you are the winning bidder. The winning bid is defined as the highest bid in an auction without a reserve, and/or the highest bid in a reserve auction that meets or exceeds the reserve price. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
* You are responsible to read and understand, and will be bound by, all terms of sale described in the auction listing including, but not limited to, method of payment, appropriate state or international sales tax, shipping and handling fees, and the applicable seller’s return policy for each auction listing.
* You understand and agree that a bid is a legal obligation to purchase the item under the terms described in the auction listing. Bids are not retractable except under circumstances deemed appropriate by Manhattan Art Auctions in its sole discretion. Possible examples include, but are not limited to, bids made in error, the revocation of a listed item, material changes to the description of an item or blatant errors in a listing. You must contact Manhattan Art Auctions immediately after placing a bid to retract any bids made in error.
* An auction is extended when a bid is made 10 minutes before that auction ends.
* The Site and its Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding your use of the Site and its Services, including in regard to bidding, and purchasing items. The minimum regulatory venue is deemed to be United States of America and the State of New York.
* You will not to allow other persons or entities to bid for items on the Site using your membership name. Unauthorized use of passwords or user accounts is also prohibited. You agree not to share account information with other parties. Manhattan Art Auctions will not be held liable for any activity resulting from compromised account information.
* You will not interfere with the operation of the Site or with any auction being conducted on the Site, through any device, software, virus or other means, including without limitation, sniping, time bombs, etc.
* You will immediately notify Manhattan Art Auctions if you suspect that your information or data has been compromised.
* You are strictly prohibited from placing bids or causing bids to be placed on any item of Property for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any item of Property listed on the Site.
* It is your responsibility to pay any sales or use taxes apply to any purchase transactions conducted by you through the Site. Manhattan Art Auctions is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
* Buyer agrees not to use brand names, and/or misleading or inappropriate aliases for his/her screen name.
* Buyer agrees to notify Manhattan Art Auctions of the resale or transfer of ownership of the Art Work, including the name of the new owner and the price of the sale.
* Manhattan Art Auctions has right of first refusal on any resale of art by any artist.
* Manhattan Art Auctions retains copyright on images of the work.
As permitted by applicable law, Manhattan Art Auctions also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Manhattan Art Auctions’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Site, Manhattan Art Auctions’s business and systems or other purposes deemed reasonable by Manhattan Art Auctions, Manhattan Art Auctions may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. Special thanks to everyone involved.