Terms

Terms and Conditions for Mariner Auction Marketplace Limited

Last Updated: August 21, 2024

Welcome to Mariner Auction Marketplace Limited. Before you participate in any of our auctions, we ask that you carefully read through these Terms and Conditions ("Terms of Service"). These terms apply to all users who wish to bid on items listed on our website at www.marinerauctions.com (the "Website"). Whether you're a new bidder or a seasoned participant, these guidelines will help ensure a smooth experience.

If you’re a seller, or representing a seller’s estate, please contact us directly to receive the specific terms that apply to our services for sellers.

Acceptance of Terms

To use our services, you must be at least eighteen (18) years old. By accessing, browsing, or using the Website, you confirm that you’ve read and accepted these Terms of Service. If you don’t agree with any part of these terms, please do not use the Website or our services. The term "you" or "your" refers to the individual or entity registered as a user on the Website.

If you’re accepting these terms on behalf of a corporation or another entity, you confirm that you have the legal authority to bind that corporation or entity to these Terms of Service.

Changes to Terms

We may update these Terms of Service from time to time at our discretion. When we do, the new version will be posted on our Website, and the "last updated" date at the top of this page will be revised. If you’ve registered and created an account with us, we’ll notify you of any significant changes the next time you log in. By placing your next bid after the changes, you agree to the revised terms. If you don’t agree with the changes, you should stop using our services immediately. Please check back regularly to stay informed about any updates.

Bid Process Terms

Our Services: Mariner Auction Marketplace Limited provides an online platform for auctions. We facilitate both "Mariner Managed Auctions," where we handle the bidding process on behalf of sellers, and "Seller Managed Auctions," where sellers manage their own auctions or those of third parties. It’s important to note that we act as a platform and facilitator; all transactions are directly between buyers and sellers, not with Mariner.

Registration: To participate in our auctions, you must first register on our Website. During registration, we’ll ask for personal information to verify your identity and ensure we can deliver our services. We’ll also collect credit card information to process payments if you win an auction. Your personal information will be handled according to our privacy policy, which you can find on our Website. By submitting your information, you agree to the terms of our privacy policy. We reserve the right to deny registration at our sole discretion.

Item Pickup: Please note that we do not ship items unless the seller is offering shipping options. If you bid, you must be able to attend (or arrange for) pickup at the designated time and location. If you don’t pick up your items, they’ll be considered abandoned without refund, and your bidding privileges may be revoked. We do not provide tools, packing materials, or assistance in moving your purchases, so please bring help for large items. You’re responsible for any damage to property caused by you or your assistance, and repair costs will be charged to your credit card. For safety reasons, please do not bring pets or young children to the pickup location. When collecting your items, you must present a copy of your invoice (digital or hard copy), and be prepared to show photo ID and the credit card used for purchases over the specified threshold.

Billing/Invoicing: Registration is free, and no charges will be applied to your credit card unless you win an auction. We place a $1.00 hold on your credit card to validate it, which will be released after a few days. If you win an item, your credit card will be charged the winning bid amount, plus the buyer's premium (as determined by the specific auction), and any applicable taxes. Credit cards on file will be charged post-auction unless otherwise stated in the terms of the specific auction. Your invoice will be available in your bidder profile shortly after the auction closes. If your invoice isn’t paid in full before pickup starts, your purchases will be considered abandoned and may be disposed of at our or the seller's discretion. You won’t be allowed to bid on future auctions until your account is in good standing.

Finality of Bids: Once a bid is placed, it can’t be retracted. Every bid is a binding offer to purchase the item from the seller at the offered price unless or until outbid by another buyer. If you’re the highest bidder, you’ll be notified, and at that point, a binding contract of sale and purchase is formed between you and the seller—not with Mariner. We aren’t responsible for the delivery of items by the seller or for any other actions or omissions by sellers. Any disputes about the purchase of items should first be directed to us (see further section below). You can review your bids at any time by clicking 'My Account' and then 'My Bids' in your profile. You may adjust your bids at any time on your 'My Bids' page, provided your bid is not currently the highest.

Maximum Bids: You can set a maximum bid amount (the "Mariner bid feature"). By using this feature, our system will automatically bid on your behalf up to your specified maximum, ensuring you only pay one minimum bid increment above the next highest bid.

Claims: We encourage you to inspect items at pickup (and at preview, if available). If there are any issues related to mis-cataloging, inform the Mariner team immediately. Please remember that most items are in used condition and are sold "as is, where is." Once you leave the pickup site with your items, no claims will be accepted, as we cannot verify the condition of items after they’ve been removed. If needed, bring an expert to assess your purchases during pickup. We are not responsible for the actions or omissions of the seller.

Condition of Items: All items are sold "as is, where is." We do not guarantee the safety or regulatory compliance of any items, including infant and child products. Unless specifically stated, all items are sold without a certificate of authenticity. Buyer beware.

Catalogue Errors: If there’s a discrepancy between a description and a picture in a lot, the description takes precedence. Be sure to review both descriptions and images before bidding, and inspect your goods thoroughly at pickup.

Trespassing: You may only be on the seller's property during the designated pickup times. Contacting sellers directly (by phone, email, etc.) outside of these terms is prohibited. Anyone found trespassing will have their bidding privileges revoked immediately and may be subject to legal action.

Soft Close: To ensure fairness, if a bid is placed within the last few minutes of an auction, additional time will be added to allow for more bidding. This process continues until no new bids are placed within the extended time period.

Mariner as System of Record: In the event of a dispute, our records are considered accurate and final.

Community Standards: We strive to create a safe and respectful environment for our clients and employees. Any abusive or threatening behavior may result in the immediate revocation of your bidding privileges and account closure without notice. We expect everyone to treat each other with courtesy and respect.

Risk to Persons and Property: By registering as a buyer, you agree that neither Mariner nor the seller is liable for any damage to the items you purchased, your personal property, or for any injury or death, unless caused by our or the seller’s negligence. Please take care of yourself and your items.

Compliance with Law: You are responsible for complying with all laws governing the purchase and use of the items sold. This includes laws applicable to our services.

Indemnification: You agree to indemnify and hold Mariner, its affiliates, and their respective owners, directors, officers, employees, and agents harmless from any claims, losses, or damages arising from your breach of these Terms of Service, your violation of any law, or your negligent actions.

Disclaimer of Warranties: We disclaim all warranties related to the items for sale, whether express, implied, or statutory, including the implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that our online services will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so certain parts of this disclaimer may not apply to you.

Limitation of Liability: We will not be liable for any indirect, incidental, punitive, or consequential damages arising from the use or inability to use our services. In no event will Mariner’s liability exceed the amount paid by you under these Terms of Service.

Legal Compliance and Responses to Law Enforcement: We may disclose your personal information to third parties, including law enforcement, if required by law or if we believe such disclosure is necessary to protect our rights or the rights of others. Requests for disclosure should be directed to Mariner Auction Marketplace Limited, marked "Legal," at 1E Broom Road, Westphal, Nova Scotia, B2W 6J6.

General Terms

These Terms of Service, along with our privacy policy and any other documents incorporated by reference, represent the entire agreement between you and Mariner regarding your use of the Website and services. These terms can only be modified by a new posting issued by Mariner. If any part of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

If you have any questions or concerns about these Terms of Service, please contact us at customerservicel@marinerauctions.com.