Consumer Terms of Service / Buyer Agreement for
ifonly.com from Traina Interactive
Last updated July 31, 2012
- This user agreement is forged between Traina Interactive Corporation ("Traina Interactive", "Our," "Us," We") and the buyer ("The Buyer," "A Buyer" or "You"), a user of one of Traina Interactive’s properties, including ifonly.com ("the Sites").
- The seller ("the Seller") is defined as the celebrity who is selling property or an experience; the charitable non-profit organization ("the Charity") is defined as the charitable recipient of a portion of the proceeds therefrom.
- All references to "property" and/ or "lot" in this User Agreement shall also include all items and experiences offered and sold on the Sites, including in-person experiences as well as virtual experiences (also called "digital connections").
- This Agreement governs the terms on which all property is sold on the Sites and creates a legal contract between each Buyer registered to purchase any property offered on the Sites and each Seller offering property for sale on the Sites on whose property Buyers may make an offer to purchase, whether successfully or unsuccessfully, and between each Buyer and Traina Interactive. When any affiliate of Traina Interactive offers property for sale on the Sites, it will abide by the same terms and conditions as any other Seller, including the terms and conditions of this Agreement.
- Traina Interactive may change the terms and conditions set forth in this Agreement in the future. Any changes to the Conditions of Sale and to other policies, procedures or guidelines referenced herein will be effective immediately upon posting on the Sites. You are responsible for reviewing notices and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THE SITES FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THE SITES.
- These Conditions of Sale are presented in two sections: A. "General Terms and Conditions," and B. "Certain Provisions Relating to Buyers"
- The Sites provide a venue for Sellers to offer property to willing Buyers at a fixed-price and for Buyers to purchase such property. Traina Interactive is responsible for the operation of the Sites. Traina Interactive has no involvement in any transaction entered into, on or through the Sites, except that as a service to the Buyer and Seller. Traina Interactive will process collection of the purchase price and remittance of the sale proceeds to the appropriate parties, namely the appointed Charity and the Seller.
- Buyer understands that in the event a purchased experience involves meeting a celebrity, or otherwise involves being in close proximity to a celebrity, then Buyer agrees to submit to a criminal background check, and further agrees to sign and execute all required authorizations for said background check to be conducted as required by applicable law.
- Unless exempt by law, the successful Buyer may be required to pay sales or use tax, or other applicable transactional tax, as determined by state law. The Buyer may also be subject to a compensating use tax or other tax in his or her domicile. Traina Interactive is not obligated to determine whether taxes apply and is not responsible for collecting, remitting or reporting any sales or use taxes arising from any transaction, and both Buyer and Seller agree to indemnify and/or hold Traina Interactive harmless therefrom.
- Traina Interactive does not act as agent for either the Buyer or Seller for any purpose. Traina Interactive is not responsible for estimates, descriptions, condition, authenticity, title and all other matters relating to the offer and sale of such property. Merchandise information is collected from the Seller and is accurate to the best ability of the Seller.
- Traina Interactive reserves the right to review and to change the "User Name" of any person registering to participate in any sale on this Site, at any time and for any reason upon e-mail notice to such person.
Limitations of Guarantees
- All Property offered on this Site is sold subject only to the specific guarantee by the Seller as to authenticity and physical condition set forth below. Traina Interactive makes no representation or warrantee whatsoever whether oral or written, express or implied, including without limitation, warrantees as to merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise.
- Property offered on the Sites is either in the condition in which it was provided by the Seller or in the condition at the time of purchase by Seller. Other than as set forth in the specific guarantee, all Property on the Sites is sold "AS IS." No other statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or representation. Please note that neither Traina Interactive nor the Seller make any representation or warranty as to whether the Buyer acquires any reproduction or other intellectual property rights in the property. Certain property items or lots will be adjusted with signatures or other personalization features as specified in the related description.
- Other than the specific property description, no guarantee is made by the Seller with respect to information appearing in other sections of the Sites, and a sale is not subject to rescission in the event that any of non-guaranteed information proves to be inaccurate.
- Such Seller statements are guaranteed only as set out in
- Authenticity Guarantee and
- Physical Condition Guarantee, below. Statements relating to the authenticity, creator or originator and culture or source of origin of property is further qualified by the specific limitations set forth in the following subsection (i), even if the section of the Property Description Page in which such statement is made is labeled as "Guaranteed".
- Physical Condition Guarantee - The Seller also warrants that the description of the property’s physical condition is substantially correct based upon a fair reading of the description of the item taken as a whole. This warranty applies only for a period of two (2) weeks from the date the lot is received by the Buyer and is only made to the person who purchased the property on the Sites and not to any subsequent owner. If the property is framed or mounted on a base or other mounting, or is covered by glass, no guarantee or warranty is made with respect to the condition of the frame, base, other mounting or glass.
- Traina Interactive is only obligated to rescind the sale of property in accordance with its returns and refunds policy provided that the lot is returned by the Buyer to the Seller via Traina Interactive in the same condition as it was at the time of sale and free of any claims by third parties. When reviewing descriptions of property, You should bear in mind the age and past use of the lot and should assume that lots will show signs of reasonable "wear and tear." If you would like additional information as to the condition of property, You should contact Traina Interactive prior making an offer to purchase the property.
- Notice of fulfillment: As we provide experience-based offerings, there are certain elements of fulfillment (e.g. bad weather, unexpected delays) that are out of our control
and/or the luminary’s control. Should a customer be dissatisfied as a result of these elements occurring, we will do our best to provide adequate remedy, but do not promise a refund or rescheduling of the offering.
- Sole Remedy. It is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or consequential damages incurred or claimed.
Refusal of TransactionTraina Interactive reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove, screen or edit any materials or content on the Sites. Traina Interactive may also extend any sale or change the closing time for any sale. Traina Interactive may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither Traina Interactive nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of Traina Interactive's withdrawal of any property prior to the end of the sale period; halting any sale during its progress; removing, screening or editing any materials or content on the Sites; refusing to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason, including Traina Interactive's decision to refuse to process the transaction, Traina Interactive shall have the right to sell the property to another Buyer. In all cases, Traina Interactive's determination of the successful Buyer will be final.
Termination of In-Person and Virtual Experiences
Further, a virtual or in-person experience can be discontinued by an artist or athlete without warning at any time -- and with no refund to the buyer (You) -- should they become uncomfortable with the conversation or interaction for any reason.
We do not permit reporters or other members of the media to purchase experiences with athletes or artists for the purpose of conducting an interview for any purpose. If an artist or athlete determines that You are in fact a member of the media attempting to conduct an interview, she or he is fully within their rights to terminate the experience with no refund to You.
MonitoringTraina Interactive has the right, but not the obligation, to monitor any activity and content associated with the Sites. Traina Interactive may investigate any reported violations of the Sites policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Sites, including listings). Traina Interactive may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the Sites, and take such action as Traina Interactive deems appropriate, including without limitation, contacting the individual using such card, canceling an offer to purchase placed by such user, and/or deactivating a Buyer's account.
Eligibility to Use Site
- Use of the Sites is limited to parties that lawfully can enter into and form contracts and buy and sell on the Sites under applicable law. For example, minors and persons and entities domiciled in jurisdictions where online sales are prohibited are not allowed to participate in sales either as Buyers or Sellers on the Sites. Status as a minor is usually determined by your state’s law, but in no event shall a person less than 18 years of age use the Sites.
- To register, you must provide your real name, phone number, email address, credit card details and other requested information.
- Owners of property being sold on the Sites are not permitted to offer to buy their own property, nor to instruct, authorize or permit any other person to purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way.
- The Sites are available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to Traina Interactive, whose applications are acceptable to Traina Interactive, and who have authorized Traina Interactive to process a charge or charges on their credit card in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Traina Interactive works diligently in order to be a "Green" company and wants to communicate as much as possible with Buyers and Sellers via email as a matter of conservation. As such, any and all communications with Buyers and Sellers, including but not necessarily limited to, redemption letters, receipts, and other correspondence shall be delivered via email. By using the Sites, you agree to receive any and all correspondence from Traina Interactive via email. You further agree to review your email for communications from Traina Interactive requiring your attention, response, or otherwise. You also agree to add Traina Interactive to your "safe-user" list so that you are able to receive emails from Traina Interactive as necessary.
Buyer Tax Deduction
Typically, the amount paid above the estimated value of the item is considered tax deductible. We’re not tax experts and can’t provide tax letters or tax advice. Please consult your tax professional to determine any tax-deductible amount.
No Endorsement of Links to Other Web Sites
Any links to other websites are provided as merely a convenience to you. This Site may provide links or references to other websites but Traina Interactive has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that Traina Interactive does not operate, control or endorse any information, products or services on the Internet in any way. Traina Interactive does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to this Site, you do so entirely at your own risk.
Special Notice – Chargebacks and Refunds
Once an individual places an offer to buy lot, the Buyer has agreed to purchase the lot at the price listed. Traina Interactive is only obligated to rescind the sale of property in accordance with its shipping, returns and refunds policy (LINK) In addition, in the event that the Buyer has procured an experience but does not agree upon a date to enjoy the experience within one (1) year of the date of the transaction, then – if a refund is approved - 80% of the purchase price shall be refunded to Buyer and twenty percent (20%) of the purchase price shall be retained to be divided between Traina Interactive, the Seller and the Charity. In the event that the Buyer makes no attempt to contact Traina Interactive to schedule a date to enjoy the experience within one (1) year of the date of the transaction, then 100% shall be retained to be divided between Traina Interactive, the Seller and the Charity. Chargebacks occur when a Buyer contacts his or her credit card company in order to reverse a transaction after it has been completed. As such, a chargeback is not an option unless Buyer purchased a lot, property, and/or experience from Seller and made payment via his/her credit or debit card.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between Traina Interactive and the Buyer, Seller, or Charity or any other applicable terms and conditions found on the Sites. In the case of any direct conflict between these Terms and any other agreement, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Sites.
Compliance with Laws
The Sites may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Sites and any transactions conducted on or through the Sites.
Place of Contract; Disputes
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the asking price listed by Traina Interactive, will be the Buyer. TRAINA INTERACTIVE, THE SITES’ PROVIDER, IS LOCATED IN SAN FRANCISCO, CALIFORNIA; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN CALIFORNIA. Buyer and Seller each waive the right to bring a claim in any court located outside CALIFORNIA, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement or any transaction consummated hereunder. Traina Interactive reserves the right to reject any offer to buy at any time. In the event of identical offers, the first offer received by Traina Interactive will take precedence unless Traina Interactive decides otherwise. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity of any offer, Traina Interactive will have the final discretion to determine the successful Buyer. If any dispute concerning any offer to purchase arises after the sale, Traina Interactive's determination is conclusive. Please note that Traina Interactive is not responsible for errors or omissions in connection with the transmission of offers to the Sites (including without limitation your receipt of emails regarding the status of an offer or purchase), nor for any online or other charges you may incur in connection with participating in a sale.
Your password may be used only to access the Sites, use the services available on the Sites, electronically sign your transactions and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Sites. If your password is compromised, you must change your password.
You may not register under a false name or use an invalid or unauthorized credit card. You may not make offer to purchase under a false name, impersonate any participant, or use another participant's password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Sites. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. Traina Interactive will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Title; Risk of Loss
When the Seller delivers the lot to the shipper for shipment to the Buyer, title to the lot and risk of loss will pass to the Buyer. If the lot is damaged in transit, the Buyer should contact the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a lot back under the Conditions of Sale if the lot was damaged in transit (although, on behalf of Sellers, Traina Interactive is obligated to insure all items during transit at cost to the buyer).
Remedies for Buyer's Failure
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to pay for a purchase in good funds within three days after the Buyer’s Statement ("Order Summary" and/or "Email Receipt") - as defined in subsection B.2 below - has been received by the Buyer), in addition to other remedies available to Traina Interactive or the Seller by law, including without limitation the right to hold the Buyer liable for the purchase price, Traina Interactive or the Seller may, at its option, cancel the sale and re-offer the lot on the Sites or sell it privately. In addition, Traina Interactive or the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, and any legal fees and expenses. Further, Traina Interactive, at its sole discretion, may deactivate a Buyer's account for failure to pay the purchase price or other breaches of the Agreement.
Governing Law; Language
THESE CONDITIONS OF SALE AS WELL AS THE BUYER'S, TRAINA INTERACTIVE’S AND THE SELLER'S RESPECTIVE RIGHTS AND OBLIGATIONS HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
BY ACCESSING OR USING THE SITES, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE STATE COURTS OF, AND THE FEDERAL COURTS SITTING IN, THE STATE OF CALIFORNIA WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SITES, ANY TRANSACTIONS CONDUCTED ON OR THROUGH THE SITES AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS. You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the State of California. English shall be the language of the Sites, and all transactions occurring in connection with the Sites, and all users waive any right to use and rely upon any other language or translations. Translations of this Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall control in the event of any inconsistency between that version and any translation presented in languages other than English.
Notwithstanding any provision of the Privacy and Security Policy, however, please note that:
- Traina Interactive may share with its affiliates and other parties any registration information, any information concerning potentially fraudulent activities on the Sites, and any other information it may obtain or possess regarding any user of the Sites;
- Traina Interactive reserves the right to report any activity that it suspects violates any law or regulation to the appropriate law enforcement officials, regulators, or other third parties; and
- in order to cooperate with governmental requests, to protect Traina Interactive's systems and customers and/or to ensure the integrity and operation of Traina Interactive's business and systems, Traina Interactive 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.
- By registering to buy on the Sites, you specifically authorize Traina Interactive to transmit registration information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction) in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions for which you are the successful Buyer.
- Unless otherwise authorized or consented to by Traina Interactive, you agree not to use any information regarding other participants that is accessible from the Sites or disclosed to you by Traina Interactive, except to enter into and complete transactions on or through the Sites. Without limiting the generality of the foregoing, you agree not to use any such information for purposes of spamming, harassment, invasion of privacy or otherwise objectionable conduct.
Disclaimer of Warranties
THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAINA INTERACTIVE (THE SITES’ PROVIDER) MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, ANY PROPERTY OFFERED ON THE SITES OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITES, INCLUDING WITHOUT LIMITATION:(i) The implied warranties of merchantability, fitness for a particular purpose, title, and non- infringement;(ii) That the Sites will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error;(iii) Any implied warranty arising from course of dealing or usage of trade; and(iv) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Traina Interactive. To the full extent permissible under applicable law, Traina Interactive disclaims any and all such warranties.
Waiver of Claims
Because Traina Interactive is not responsible for the guarantees provided by a Seller or the descriptions of lots provided by a Seller, if a dispute arises between one or more participants regarding a lot or its description, you release Traina Interactive and its affiliates (and each of their directors, officers, agents and employees) from any claims, demands and damages (whether direct, indirect, incidental, punitive or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAINA INTERACTIVE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, THE SITES, THE INABILITY TO USE THE SITES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE SITES. THE SITES PROVIDER SHALL HAVE NO LIABILITY FOR ERRORS APPEARING ON TV DISPLAY OR WEBSITE; THE SITES PROVIDER'S COMPUTER LOG SHALL CONSTITUE THE OFFICIAL RECORD OF ALL TRANSACTIONS, AND ALL DECISIONS BASED ON SUCH LOG SHALL BE FINAL.
Traina Interactive grants a limited license to each user of the Sites to make personal use only of the Sites for purchasing property on the Sites. This license expressly excludes, without limitation, any resale or commercial use of the Sites, the collection and use of participant email addresses or other participant information, ratings or listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Sites for any use other than viewing the property for purposes of considering a potential purchase.
All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Traina Interactive, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and Traina Interactive, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Traina Interactive and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of Traina Interactive or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.
Notice of Intellectual Property Rights
"Traina Interactive," "IfOnly" and all related logo's are registered trademarks of Traina Interactive. All graphics, logos and service names are trademarks of Traina Interactive. These trademarks may not be used in connection with any product or service that is not Traina Interactive's in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Traina Interactive or any participants in any of its sales.
Termination of the Sites
Traina Interactive may limit this license and any specific or general use of the Sites at its sole discretion. Traina Interactive, in its sole discretion, may terminate the right of any user to participate in sales conducted on this Site or to access the Sites without notice for any reason.
To be effective, notices to Traina Interactive relating to this Agreement, the Sites or any transaction conducted on or through the Sites must be given in writing and must be sent to the intended recipient by registered letter or receipted commercial courier at the following addresses: Traina Interactive Corporation, 150 Green Street, San Francisco, CA 94111. Traina Interactive may change its address for notices by posting the new address on the Sites.
No Agency; Third-Party Beneficiary
Traina Interactive is not the agent, fiduciary, trustee, partner or other representative of any Buyer or Seller. Nothing expressed or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Traina Interactive and relying Buyers or Sellers.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. Traina Interactive's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of Traina Interactive's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by Traina Interactive must be made in writing and signed by an authorized representative of Traina Interactive specifically referencing this Agreement and the provision to be waived.
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
B. CERTAIN PROVISIONS RELATING TO BUYERS
- By placing an offering to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful Buyer. Once you place an offer, you may not cancel it UNLESS it has not yet been approved by the relevant celebrity / the Seller. Each successful offer that has been approved by the Seller creates a binding obligation on you, as Buyer, enforceable by both Traina Interactive and the Seller, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale. Upon completion of a sale on the Sites, Traina Interactive will complete a buyer statement, including shipping costs and transit insurance charges and transmit it to the Buyer. In addition to, and without limitation of, the rights of Traina Interactive pursuant above, once a transaction has been approved by the Seller, each Buyer (a) specifically authorizes Traina Interactive to charge such Buyer's credit card up to the amount required to finalize any transaction in accordance with this Agreement and (b) specifically acknowledges that if Traina Interactive is unable for any reason to collect funds sufficient to completely cover the costs of any transaction to which such Buyer is a party, Traina Interactive reserves the right to turn such matters over to collection agencies.
- Buyer's Payment. Upon completion of a sale on the Site and determination by Traina Interactive that you are the successful Buyer for a lot, you will be liable to pay the purchase price for such lot. All registered users are required to provide Traina Interactive with their credit card details at the time of initial purchase, and to authorize Traina Interactive to process a charge or charges on their credit card in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Packing and Shipping
As per Traina Interactive’s shipping, returns and refunds policy (LINK), if you are the successful Buyer, you are obligated to pay the cost of packing and shipping the lot to you. Working through Traina Interactive, you are also responsible for the cost of insuring the lot while the lot is in transit to you. Potential Buyers should also be aware that packing and shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing due to its fragility or construction. Traina Interactive may provide general guidelines to assist potential Buyers in determining the costs of shipping, packing and insurance, but these are guidelines only and may change materially based on the location to which the lot will be shipped. Neither Traina Interactive nor the Seller is responsible for the acts or omissions of carriers or packers of purchased lots. Packing and handling of purchased lots is at the entire risk of the Buyer (subject to the Seller's obligation to provide insurance as provided in this Agreement). Traina Interactive or Seller will automatically ship the lot to the Buyer in the manner required under this Agreement and by a method deemed reasonably appropriate to safely deliver the purchased lot to the Buyer, and subject to the standard terms of business of the shipper employed. The Buyer will be charged for such shipment, packing and insurance. Please be aware that the Seller may not be able to accommodate your request for alternative shipping or delivery arrangements. Buyers must supply a street address for delivery of property purchased by them on the Sites. Neither Traina Interactive nor the Seller will ship property to a post office box.
- Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration, moths, vermin, inherent vice, restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled; or any loss or damage attributable to willful misconduct of the assured.
- In the event of loss or damage to a shipment, the Buyer must retain all packing materials and any of the contents of the package(s) and contact Traina Interactive promptly in order to make a claim.
- PLEASE NOTE THAT BY ACCEPTING THESE CONDITIONS OF SALE, YOU ARE AGREEING THAT ALL TRANSACTIONS CONDUCTED ON THIS SITE WILL BE SUBJECT TO THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., AND CONSENTING TO EXCLUSIVE JURISDICTION IN THE COURTS OF THE STATE OF CALIFORNIA, U.S.A. OR FEDERAL COURTS IN CALIFORNIA, U.S.A.
Should you have any questions, please contact us.