LUXURY HOME AUCTIONS
Terms and Conditions for Online Bidding and Auctions
Effective Date: November 1, 2024 Last Updated: December 09, 2024
1. Acceptance of Terms
By accessing or using Luxury Home Auctions’ online bidding and auction platform on HIBID.COM either via direct log-on or a re-direct from any of Luxury Home Auction’s social media platforms, including, but not limited to Instagram, YouTube, Tik Tok, (Herein, “the Platform"), you agree that you have read and agree to be bound by these Terms and Conditions and any other terms and conditions set forth within the individual lot descriptions (Herein, "Terms").
2. Eligibility
Participation is limited to individuals who are at least 18 years old and legally capable of entering into binding contracts under Florida law. By registering with the Platform or any other bidding mechanism utilized by Luxury Home Auctions, you are affirming that you meet the minimum eligibility requirements.
3. Registration
To participate in auctions, users must register for an account on the Platform. By registering, you agree to provide accurate and complete information and to update such information as necessary.
• You are responsible for maintaining the confidentiality of your account credentials.
• Pre-registration is required for each auction.
* This auction will require a refundable credit or debit card authorization
4. Auction Formats
Luxury Home Auctions shall list items for sale in the form of either (1) reserve auctions, (2) no-reserve auction(s) or (3) another sales format as deemed appropriate.
On the Platform, Luxury Home Auctions will list as follows:
• Reserve Auctions: Items may have a reserve price, which must be met before the sale is finalized.
• No-Reserve Auctions: Items will be sold to the highest bidder regardless of the price subject to final approval of Luxury Home Auctions.
Details about bidding increments, starting bids, and other rules will be listed on the Platform in the description section of the auction or in the description of each listed item (lot).
Bidding details associated with each item (lot), including those for no-reserve items, are binding upon all participants and are fully incorporated by reference herein as if fully set forth.
5. Item Descriptions and Preview Day
• All items are sold "AS-IS" and "WHERE-IS," with no guarantees or warranties, unless otherwise stated.
• Luxury Home Auctions makes reasonable efforts to ensure accurate descriptions but does not guarantee the accuracy of listings. For any questions on listed items please submit a message through the Platform.
• All sales are final.
• Preview Day is a select day(s) where interested bidders can visit the location of the auction items and inspect items for sale. Bidders are encouraged to visit location on Preview Day to inspect items in person. Inspection of the items is the sole responsibility of the bidder.
• Luxury Home Auctions is not liable for any injury, harm, or damage to persons or property sustained by any individual visiting a property or location to inspect an item, whether such damage or injury is foreseeable or unforeseeable. Any individual entering the premises does so at their own risk, and Luxury Home Auctions expressly disclaims any and all liability arising from such visits.
• Information on Preview Day shall be listed on the Platform associated with each Auction Sale Listing.
6. Bidding Process
• All bids are final and binding.
• Bids cannot be retracted.
• Luxury Home Auctions reserves the right to reject or cancel bids at its sole discretion, with or without cause.
• The highest bid at the close of the auction is considered the Winning Bid, subject to seller final approval.
7. Fees and Charges
• Winning Bidders (Herein, “Winning Bidders” or “Buyers”) are subject to a buyer’s premium of 18.0% USD.
• Taxes shall be collected at the rate of 7%
• Winning Bidder must provide a Resale certificate/dealer license or tax-exempt certificate if applicable for non taxable sale.
• Other applicable fees, will be disclosed prior to the final payment.
8. Payment Terms
• All sales are final; placing a bid on any item allows Luxury Home Auctions to charge the submitted payment method for all due payments and fees due.
* Credit Card and Zelle accepted
• No onsite payments will be allowed.
• Payment must be made in full prior to item pickup. No exceptions.
• Winning bidders must complete payment within 48 hrs. through the Platform.
• Late payments may incur additional fees up to 18% as allowable by law.
9. Item Removal, Shipping and Pickup
• All items shall be prepared by Luxury Home Auctions representatives for pickup.
• Winning Bidders are responsible for arranging the shipping or pickup of items. A Checkout Date is detailed in each auction listing. Checkout Date is ONLY on the listed date. Please make arrangements to assure you are able to pickup item(s) if you are the Winning Bidder.
• Winning Bidders are responsible to arrange pickup within the allotted time. Failure to pickup will lead to abandonment of the item(s). Winning Bidders shall still be responsible for the payment of the item.
• Luxury Home Auctions is not liable for items damaged during pickup or shipping.
• Luxury Home Auctions is not liable for any injury, harm, or damage to persons or property sustained by any individual visiting a property or location to inspect an item, whether such damage or injury is foreseeable or unforeseeable. Any individual entering the premises does so at their own risk, and Luxury Home Auctions expressly disclaims any and all liability arising from such visits.
• Winning Bidder assumes all risk of damage or loss to any person or property picking up item on their behalf. Luxury Home Auctions is not liable for any injury, harm, or damage to persons or property sustained by any individual visiting a property or location to inspect an item, whether such damage or injury is foreseeable or unforeseeable. Any individual entering the premises does so at their own risk, and Luxury Home Auctions expressly disclaims any and all liability arising from such visits.
10. Dispute Resolution
• Luxury Home Auctions shall seek to settle all disputes through good-faith negotiation.
• If unresolved, legal disputes will be settled in court of proper jurisdiction in Broward County, Florida.
• Luxury Home Auctions shall be entitled to seek bid price, buyer’s premium, all costs associated with bringing a claim to include but not limited to, cost of storing item, cost of transporting item, cost of reselling item and any other costs and fees.
• Luxury Home Auctions is authorized to resell any item(s), without notice, at any public or private sale. In such an event, the Winning Bidder shall still remain liable and responsible for any deficiency, resale costs, transportation of item cost, and any other costs and fees associated with the Winning Bidders default.
11. Limitation of Liability
Luxury Home Auctions and its affiliates shall not be liable for:
• Loss or damage arising from the use of the Platform.
• Errors or omissions in listings or item descriptions.
Winning Bidder waives rights to any claims or dispute arising out of the sale of any item once the transaction is completed and the Winning Bidder has collected, removed and transported the item. The sales transaction is complete for the AS-IS items sold on the Platform.
12. Termination
Luxury Home Auctions reserves the right to suspend or terminate any account or auction activity without prior notice for violations of these Terms or applicable laws.
13. Governing Law
These Terms are governed by the laws of the State of Florida. Any legal proceedings arising under these Terms shall be brought exclusively in the courts located in Broward County, Florida.
14. Changes to Terms
Luxury Home Auctions reserves the right to amend these Terms at any time. Continued use of the Platform following changes constitutes acceptance of the revised Terms.