Terms & Conditions
Welcome to the Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com).
The following Terms and Conditions are applicable to all transactions and dealings with Peaks Auction LLC Auction Site.
By accessing the Site, utilizing the services of Auction user, or by registering as a user regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the services and the Site. The services provided on the Site enable Users, among other things, to:
- place bids on items in auctions;
We refer to any person who (i) accesses the Site or (ii) registers to use the services as a “User” regardless of whether the person purchases items in an auction. Also, the term “you” and “your” refers to both an individual user and the business if registered by an authorized individual.
These Terms and Conditions, together with (i) any additional terms and conditions specific to a particular auction, or (ii) terms and conditions anywhere else on the Site constitute the entire agreement between Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) and you related to your access and use of the Site and the services, including, but not limited to, the bidding and purchase of items in an auction. These Terms and Conditions supersede and replace any and all prior or contemporaneous written or oral agreements between the parties regarding such subject matter. These Terms and Conditions can only be changed or waived by an authorized representative Peaks Auction LLC.
Registration
You must register and agree to these Terms and Conditions as a prerequisite to submit bids for items in an auction. To register as a User on the Site you must provide, among other things, your name, the name of the business you are authorized to act for, your title, phone number, e-mail address and a valid credit card. Upon your completion of a registration application and acceptance of these Terms and Conditions, your registration application will be reviewed by Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) and will be accepted or rejected in Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) sole discretion.
You warrant that all registration information provided to Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) is true, accurate and complete and, if registering for a business, that you are authorized to act on behalf of and bind the business. You will immediately inform Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) of any change in your registration information.
In registering or in any other communication with Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) you may not impersonate or misrepresent an affiliation with any other person or entity. Upon your completion of a registration application and acceptance of this Agreement, your registration application will be reviewed by Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com).
The Site is intended for users 18 and older. By accessing the Site or using the Services, Users represent and warrant that you are at least eighteen (18) years old, or any higher minimum age in the jurisdiction where you reside. Parents or guardians are responsible for all activity of minors on the Sites, including but not limited to, the submission of a bid, purchasing Buyers Assurance and joining the paid membership program.
When you register for auctions, you will be required to confirm (i) your initial registration, and (ii) that you and your company, as applicable, agree to these Terms and Conditions (as then in effect) and to all other terms and conditions set forth anywhere on the Site or related to the auction.
Our Privacy Policy (Privacy Policy) details how we handle the information you provide to us whether as part of your registration or in the use of the Site or services.
Users are assigned an account name and password on registration. Users are responsible for all actions taken under their account name and password and shall only use the Site using their own account name and password. Users must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilize their account details. Users are required to complete those transactions that occur using their account name and password, whether such transactions are authorized or not.
Without limitation to any other remedies, Peaks Auction LLC Auction Site (Peaks Auction LLC.Com) may exclude any User from any Auction and block any registration if the User has breached or threatens to breach these Terms and Conditions or engages in any behavior which Peaks Auction LLC Auction Site (Peaks Auction LLC.Com) in its sole discretion regards as likely to have an adverse effect on the conduct of the Auction or the reputation of Peaks Auction LLC Auction Site (Peaks Auction LLC.Com). Furthermore, Peaks Auction LLC Auction Site (Peaks Auction LLC.Com) reserves the right, in its sole discretion, to exclude products from offers and refuse acceptances, bids or offers, as well as to discontinue Auctions or its Services altogether at any time or for any reason.
By placing a bid in an auction, you are extending an irrevocable offer to purchase the items at the price set forth in the bid. Once entered, a bid may not be retracted.
All items will be available for inspection prior to the auction. All Users should inspect items prior to bidding. Failure to inspect an item is not the fault of Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) and will not be deemed reason for issuing a refund.
The User that entered the Winning Bid will consummate the purchase of the item within the time specified in the Terms and Conditions for the auction. Unless stated in the specific terms and conditions for an auction, all items will be charged to the User’s default credit card on file following sale. In most cases this will be the evening of the action close date. This amount will include the Winning Bid, all buyers premiums, sales tax, if applicable. Upon receipt of payment, all risk of loss shall pass to User. Winning Bids may not be cancelled at any point following the close of an auction.
Specific lot closing times are published on the Site. Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) shall not be responsible for notifying any User of a change in any closing date or time. Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) will not accept a bid that is received after the closing date and time for the auction and all dynamic close time extensions. In the event that a higher bid is entered within a designated time period, chosen by Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com)., of the scheduled lot closing time, the closing time will automatically be extended, in increments specified by Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com), until no bids have been entered in the pre- stated increment prior to the closing time for the auction. Each User is solely responsible for taking such actions as are appropriate to learn of changes to a closing date or time. The User bears the sole risk of transmitting bids so that such bids are received on the site prior to close of the auction lot.
The User is required to pick-up all items purchased by the removal time set forth in the specific auction. All removal shall be at the expense, liability and risk of the User. If the User does not pick-up an item within the removal period for the specific auction, Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) may, at their sole discretion, deem the item to have been Abandoned by the User and the User will have no further rights with respect to the item. If items are not removed by the removal deadline, User is liable for all removal and disposal costs associated with disposing of the assets that were not removed.
No shortage or damage claims will be allowed after the items have been removed from the premises (see section Refunds). Peaks Auction LLC Auction Site (PeaksAuctionLLC.Com) shall not be liable for non-delivery to any User of all or any portion of a lot/item, other than for the return to the User of the corresponding portion of the sum paid on said lot/item. All of the limitations contained in Section Disclaimer of Warranties & Limitation of Damages & Liability below shall apply.
All items will be listed for sale with a “Condition Code”. This Condition Code will dictate the type of refund, if any, that will be considered. The Condition Codes are as follows:
Appears New
These are items that appear to be in a new condition or have never been used previously. These items are tested to ensure they power on and not tested for functionality or completeness. For items that are marked Like New a bidder must examine the item thoroughly when claiming the item. If the item does not appear new or unused or if there is an issue, the bidder MUST report this to Peaks Auction prior to leaving the premises. Once the bidder has left the premises with the item, Peaks Auction cannot issue any refund for issues arising with the item
Open Box
These are items that the retailer sold and potentially used before being returned by the customer. Open Box items may be damaged or have an opened box with missing pieces, so unless the condition of a specific item is explicitly stated, the bidder should not make any assumptions about it other than that it may be ripped, scratched non-functionally or otherwise damaged. All open-box items are sold AS/IS. Peaks Auction makes all items available for inspection before bidding. It is the responsibility of the bidder to inspect all items before placing a bid on the site.
Damaged
Factory Sealed
Items marked “Factory Sealed” indicate that they could come from the manufacture and have not been opened.
Used
Items marked “Used” indicate that they could come from the retailer and the product was returned from the customer. Product has been opened and possibly used. We verify the product still works and identify any missing parts. If there are any missing parts, it will be listed in the product details.
If a user account is suspended for any reason, the User may be assessed an additional Reinstatement Fee up to fifty ($50.00) dollars. At Peaks Auction LLC sole discretion, a User account may be permanently suspended for repeat violations of the Terms and Conditions.
Pick-Up: If you are unable to pick up your items during the scheduled pick-up times, do not bid. By bidding in a Peaks Auction LLC, auction you are legally bound to be charged for all won items and are agreeing to remove them from the auction location. Standard pick-up times are:
Wednesday: 1:00pm – 5:00 pm
Thursday 10:00am – 6:00 pm
Friday 10:00am to 7:00 pm
Holidays/weather may affect these hours. Your item(s) need to be picked up by the Friday after the auction closes. If pickup outside of the allotted time is needed, please text/email (PeaksAContact@peaksauctionllc.com) to work out a pickup time.
If you fail to pick up the items you have won within the above time frame, items will be forfeited and returned back to auction. Regardless of any agreed upon storage of your items, all invoices must be paid by the end of regular scheduled removal. You are still liable for paying for your item(s) and will be charged at the default credit card on file, regardless of whether you have picked up the items.
Hold requests – please send e-mail (PeaksAContact@peaksauctionllc.com) requesting a delayed pickup time by 8:00pm on the Sunday after the auction closes.
Removal:
Once a bidder has paid for and picked up their items, the items become the property of the winning bidder (buyer). The buyer assumes all risk of loss and damage to property from that point forward, including at the premises of the sale. If you feel you have won an item and have not received an invoiced email, you must notify the Peaks Auction LLC office by email or phone no later than 9:00 am the day following the auction’s close.
Regardless of any agreed-upon storage of your items, all invoices must be paid by the end of regularly scheduled removal. You are still liable for paying for your item(s), and you will be charged to the default credit card on file, regardless of whether or not you have picked up the items.
Carrier services like Uber, Door Dash, Lyft, and similar pickups are not permitted for pickup.
Site and all communication from Peaks Auction LLC (push notification, email, and/or text message) shows business hours, auction closing time and payment processing time is based off of the local time zone of the business location (Mountain Time Zone), regardless of location or client device time zone.
Peaks Auction LLC may transmit all information in connection with the registration, the posting of an offer/bid/acceptance and offers/listings of products to the other Users in any part of the world in the form and to the extent suitable for the execution of an auction. All data produced or transmitted in connection with the execution of an auction at Peaks Auction LLC may be stored, used and transmitted as described in the Peaks Auction LLC Privacy Policy. Users undertake that information concerning other Users and their employees, contractors or agents obtained through the Site shall not be used for sending unsolicited commercial messages or for any purpose other than participation in auctions or use of the Site. Users also agree that they will only use such information in accordance with applicable laws and regulations, including, without limitation, data protection and privacy laws.
To enable the Site to use information provided by all Users, the Users grant Peaks Auction LLC on registration a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise all rights the User has (including copyright and trademark) in any information provided and to do so in any media form whether now known or not currently known, in order to provide the services.
Any price indicated on the Site or agreed to in an auction is stated exclusive of any applicable tax. Users in auctions shall be responsible for paying any value added, sales, use or other taxes which may be due on amounts owed by the Users under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.
Peaks Auction LLC grants a limited, non-transferable, revocable right to each User to access and make use of the Site for the purposes of the User using the Site and the services in accordance with these Terms and Conditions. Users are responsible for procuring and maintaining their network connections and telecommunication links from their systems in order to use the Site.
Users shall not use the Site for fraudulent purposes or in connection with any unlawful activity.
Users are expressly forbidden from any form of bid manipulation, including collusion or bidding on lots that they themselves or a party affiliated with them are selling in an auction. Users may not bid under a false name or as agent for a person or entity which would itself be prohibited by these Terms and Conditions or by the terms and conditions governing the specific auction in question from placing a bid on a particular lot.
Peaks Auction LLC may, in its sole discretion, terminate a User’s right to access and use the Site at any time for any reason.
Peaks Auction LLC shall use commercially reasonable efforts to protect against unauthorized access, but Peaks Auction LLC cannot guarantee the security of any information User discloses online and User does so at your own risk. Peaks Auction LLC is not responsible for the security of any information transmitted via the Internet or any error or delay in transmitting any information over the Internet, and User assumes sole and complete risk for using this Site. By using this Site and providing this data, User consents to the collection of and use of the data in accordance with this Agreement.
Peaks Auction LLC does not guarantee continuous, uninterrupted or secure access to the Site. The Site and services are provided “AS IS” and “AS AND WHEN AVAILABLE”.
Peaks Auction LLC, may change, modify, amend, suspend or discontinue any aspect of the Site or the services at any time without notice and Peaks Auction LLC reserves the right to impose restrictions on certain features of the Site or the services at any time without notice.
If a technology malfunction materially affects the outcome of an auction, Peaks Auction LLC reserves the right to withdraw the auction within 72 hours following the original auction close time.
Users’ access to the Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Peaks Auction LLC will use reasonable endeavors to limit the frequency and duration of any such suspension or restriction.
As a condition of using the Peaks Auction LLC Site and the auction services, User agrees to indemnify, defend, and hold harmless, its subsidiaries and their respective owners, managers, directors, officers agents, partners and employees, from and against any and all liabilities, losses, demands, claims, damages, costs and expenses (including attorney’s fees and expenses) suffered or incurred directly or indirectly arising from or related to (i) your use of the Site in violation of these Terms and Conditions, (ii) your breach of these Terms and Conditions, (iii) any accident, injury or death howsoever arising, sustained by any person or persons who access any MAC premises for the purpose of an auction, inspection, purchase, collection, removal, pick-up or any other related activity, and (iv) any claim related to or arising out of the use of any product sold or purchased, including but not limited to actions or claims for personal injury, death, disability, disfigurement, economic or other loss or damages.
Peaks Auction LLC – Makes no product representations or product warranties about the items or their conditions. We make our best effort to disclose any information about the condition of the merchandise.
The USER acknowledges and agree that the items are SOLD “AS IS” without a warranty of any kind.
In any event shall Peaks Auction LLC be liable for any indirect, punitive, special or consequential indirect damages arising out of or any in way connected with the services or the site or with the delay or inability to use the site. Any information, merchandise and services available on or through the sites, including without limitation loss of revenue or anticipated profits or loss of business or sales, weather based on/in contract, tort, strict liability or otherwise. Peaks Auction LLC has been advised of the possibilities of such loss or damages.
The total liability of Peaks Auction LLC from or related to the purchase of an item(merchandise) in an auction, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the amount paid to Peaks Auction LLC for such item. You acknowledge and agree that the foregoing limitations have been bargained for and represent a reasonable allocation of risk based on the economics of our relationship under these Terms and Conditions. Therefore, the foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
These Terms and Conditions may be amended at any time by Peaks Auction LLC in its sole discretion. Use of the services and the Site constitutes acceptance of these Terms and Conditions, including any amendments.
Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.
Failure or neglect by Peaks Auction LLC to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of Peaks Auction LLC rights hereunder nor in any way affect the validity of the term or any part of these Terms and Conditions nor prejudice Peaks Auction LLC rights to take subsequent action.
Peaks Auction LLC will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.