Terms & Conditions
“Seller” shall mean the owner or authorized agent of the owner who consigns one or more lot(s) for sale on Unique Designs. Any agent acting as Seller for the owner of any lot(s) offered for sale certifies to UD that the agent possesses the legal authority to act for and on behalf of the owner of the lot(s).
“Bidder” shall mean any person who has registered as a bidder on the UD website for the purpose of submitting an offer to purchase any lot(s) being offered for sale by a Seller.
“UD” shall mean Unique Designs.
“Buyer” shall mean any “Bidder” who has submitted the successful offer to purchase any lot(s) offered for sale by a Seller on the UD website.
“Entity” shall mean any corporation, partnership, limited liability company or other legal entity authorized to conduct business in its state of organization.
By registering for to be a bidder and actively participating in events hosted on the UD website, all above parties agree that the following terms and conditions shall govern all Unique Designs events.
All Sellers, Bidders, Buyers, and Entities acknowledge that all events held on the UD website are conducted electronically, and UD relies on hardware and software that may malfunction without warning and due to no fault of UD.
Eligibility & Information:
Unique Designs services are available only to individuals who are competent to enter into a legally binding contract. By registering to be a bidder, Bidder certifies that he, she or it possesses the legal authority to enter into a valid and binding contract in the province of Ontario, the province/state of the Bidder’s residence, the province/state of the Seller’s residence AND is at least 18 years of age. An Entity may become a bidder, only if an owner, shareholder, officer, partner, member or other individual having the authority to act on behalf of the Entity registers as a bidder. The person registering to bid on behalf of an Entity agrees to personally guarantee and fulfill all duties and obligations of the Entity that may arise. The person registering to be a Bidder for an Entity certifies and affirms that she/he possesses full legal authority to act for and on behalf of the Entity and possesses the authority to enter into a legally binding contract on behalf of the Entity. In the event the Bidder does not possess the requisite legal authority to enter into a legal contract and bind the Entity, the Bidder shall be bound personally to any bid submitted in his/her or its individual capacity.
THOSE WHO DO NOT MEET THE ABOVE REQUIREMENTS SHOULD NOT REIGSTER AS A BIDDER ON THE UD WEBSITE.
All information provided by a Bidder during the online registration process shall be accurate, current and complete. If any information provided by a Bidder to UD changes or becomes inaccurate after the date of registration, the Bidder must promptly update his, her or its information on the UD website. UD will not be responsible for lost, delayed or misdirected notices in the event a Bidder does not update his/her or its information in a timely manner.
Personally identifying information provided by the Bidder will be protected per the Unique Design Privacy Policy outlined below.
Implied Warranty/Disclaimer on Information:
Unique Designs makes no warranty, express or implied, as to the information used to describe any lot(s) offered for sale by a Seller on the UD website. Any/all lot(s) are presented as described by the Seller. LOTS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS. Bidder acknowledges that all lots were available for inspection prior to purchasing and, by these terms, it is the Bidder’s personal responsibility to inspect all lots that s/he or it may purchase. Failure on part of the Bidder to inspect any/all lot(s), or otherwise be fully informed as to the nature, quality and condition of any lot(s) purchased, will not constitute grounds for any type of refund OR termination of the sale contract between the Buyer and Seller. Any/all lot(s) sold become the property of Buyer at the conclusion of the event. UD is not responsible for the condition or health of any lot(s) sold and purchased, either at the time of sale or time of delivery.
THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this contract for sale and this transaction and shall NOT apply to the merchandise that is the subject of this sale and this transaction. Buyers hereby agree to indemnify and hold Unique Designs, its members, parent subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees, against any and all causes of action which relate to the condition of the lots, merchandise or the descriptions thereof sold on the Unique Designs website.
Bidding & Payment for Standard Sales:
All bidding and payment currencies will be stated in the sale description and payment will be made to the sale manager. Bidding is done in increments, which may vary by both species and individual lot(s) within each sale. A Bidder may be outbid at any time before the close of an event. While a Bidder can elect to receive outbid text/email notifications, Bidder recognizes that these notifications rely on software, hardware and cellular data/service that may be unreliable. As such, all Bidders are encouraged to carefully monitor any event(s) they are participating in until the close of respective event(s). Unless otherwise indicated, any/all lot(s) offered on the UD website will sell subject to a reserve or minimum price established by the Seller. The Seller and/or UD may bid on the Seller’s behalf in any amount up to the Seller’s reserve price. Seller is under no obligation to sell any lot(s) offered if the bid does not meet Seller’s reserve price.
A Bidder is responsible for any bids placed under his/her or its name, account and password. The security of a bidder’s password is the sole responsibility of the Bidder. If at any time a Bidder’s account information is compromised, that Bidder shall notify UD immediately to have his/her account password changed.
Placing a bid represents a valid offer by the Bidder to purchase the lot(s) being offered for sale by the Seller for the amount of the bid placed. Once a bid is submitted and confirmed by the Bidder, it cannot be retracted. If a Bidder places the final bid before the close of an event, and that bid is accepted by the Seller, the Bidder then becomes the Buyer and that bid becomes a binding contract between Buyer and Seller. Fraudulent bids can and will be reported to appropriate law enforcement agencies. The Seller and/or UD retain the right to pursue all legal and equitable remedies available to them to enforce all bids and to recover all damages resulting from a breach of this contract between Buyer and Seller. This includes, but is not limited to, a Buyer’s failure to pay for any lot(s) purchased according to the terms of this contract. The Seller and/or UD also reserve the right to accept or reject any and all bids.
In the case of a software, hardware or communication malfunction, any event in progress on the UD website will be terminated by UD, and all Bidders will be notified. Handling of the terminated event thereafter will be at the sole discretion of the seller. In the case that an event is terminated due to a software, hardware or communication malfunction, UD shall not charge any party for its services and all bids shall be considered null and void. In the case that an event is terminated prior to its close, no contract will be formed between the Bidder/Buyer and Seller.
When bidding ends, all sales shall be considered final and the Bidder who submitted the highest bid shall then become the Buyer of the lot(s). All lots purchased by a Buyer through Unique Designs must be paid within 7 days from the auction close. Payment will be made to the sale manager. Information will be available on the sale page. Accepted forms of payment will vary from sale to sale. If a Bidder cannot pay for his/her or its purchases immediately following the sale, he/she or it should not bid on the lot(s).
Sale Close:
All sales held on the UD website are conducted with the soft close bidding format. This means that at the posted closing time for any given event, that event will enter into a period called extended bidding. Extended bidding periods may vary between five (5) minutes down to one (1) minute as predetermined by UD and/or Seller. UD and/or Seller may shorten or lengthen the extended bidding period at any time during the event. There will be a predetermined number of lots that will enter the bid off. Extended bidding will continue on the current lots that are in the bid off until there has been no bidding activity for the duration of the set extended bidding period. At that time, those lots will close & they will be declared sold. The sale will then automatically move onto the next lot(s) to be bid off. Once all the lots have gone through a bid off, the event will close and all lots will be declared sold to the highest Bidder. Both UD and Seller reserve the right to extend or end bidding at any time during an event.
Withdraw of Lots:
Occasionally, lots may need to be removed from an online sale that already posted. The Seller reserves the right to withdraw lots at any time before or during the auction. In the event the Seller withdraws a lot during an auction, all bids on that lot shall be considered withdrawn.
All lots purchased through Unique Designs will become the property of the Buyer at the conclusion of the auction and, as such, all risk of damage, death or injury to lots purchased becomes the Buyer’s risk.
Delivery of all lots purchased through Unique Designs must be coordinated between the Buyer and Seller. Any fees incurred with delivery are the sole responsibility of the Buyer, unless other arrangements are agreed upon subsequent to the auction between the Buyer and Seller. Any questions regarding delivery should be directed to the Seller.
Seller has the sole and final discretion to determine winning bidders and, in the event of a dispute between parties, the decision of the Seller is final. The seller reserves the right to reopen bidding to settle matters related to disputed bids or ties. Seller reserves the right to postpone or cancel a sale for any reason.
Unique Designs does not guarantee continuous, uninterrupted, or secure access to online sales services, and operation of the online sale site may be interfered with by numerous factors outside of Unique Designs control. Furthermore, due to the nature of online services, Unique Designs cannot guarantee or confirm the authentic identity of Bidders, Buyer or Sellers and shall have no liability for any false or misleading information transmitted by the aforementioned on the Unique Designs auction site.
Unique Designs is not responsible for any accidents or injury related to the sale, purchase or delivery of any lot(s) sold.
Unique Designs may refuse services to anyone at anytime at its sole discretion. If a Bidder provides false information, such as a false name or fraudulent contact information, he/she or it will be suspended or permanently banned from Unique Designs sales. A Bidder will be permanently banned from Unique Designs if he/she or it is the Buyer of any lot(s) sold and does not honor his/her or its auction bid(s).
Refund & Payment Policy:
Lots are sold as is and all sales are final. Invoice will be sent by either Unique Designs or the Sale Manager, payment is required within 7 days of the sale. No livestock, embryos, semen or items will be shipped until full payment is received.
Shipping Policy:
Shipping arrangements will be organized between the buyer & the sale manager.
Privacy:
To bid, buy or sell on the Unique Designs site, personal information must be submitted at the time of registration. By registering on the site, users consent to the collection of this information. Unique Designs will never give or sell this information to an outside individual, group or company. All personal information provided will be used only by Unique Designs, and the Seller(s) from whom the Bidder/Buyer makes purchases from or bids in Seller(s) sales. The Bidder’s information will be used to maintain records for Unique Designs, as well as to communicate and provide services to the Bidder.
The e-mail addresses collected are used exclusively to contact Bidders, Buyers and Sellers registered with Unique Designs. Use of this private information by anyone else for any purpose is strictly prohibited and will result in appropriate legal action.