NECTAR COLLECTOR AUCTION RULES
RULES AT A GLANCE
Highest bid at the end of the auction wins.
Price includes shipping to the U.S and Canada.
Price includes all taxes.
Link to purchase item will be emailed after auction concludes.
Must be a registered user and user accepts all terms & conditions by participating.
Failure to purchase, or adhere to auction rules, will result in disqualification from future participation.
All matters shall be resolved at the discretion of Nectar Collector Colorado, LLC.
See full rules below before participating.
AUCTION NOTIFICATIONS
The email associated with your account will be the one used for all communications. Be sure it is updated and current.
We will send out notifications as bidding changes to your account email address.
Be sure to watch your spam folder for notifications and whitelist NectarCollector.org to avoid missing any communication from us.
TERMS & CONDITIONS
Aisle of Misfit Toys Awesome Auctions Terms and Conditions.
Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on and during the auction sale.
1. Nectar Collector Colorado, LLC. owns and operates “Aisle of Misfit Toys Awesome Auctions” as “Auctioneer”. Participants in the auction are known herein as “Bidders”.
2. Access and use of any online auction site of Nectar Collector Colorado, LLC. (collectively the “Site”) is subject to any and all specific terms and conditions, as outlined below, as set forth on any individual page within the Site and the terms and conditions of this User Agreement (collectively “Site User Agreement”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Site User Agreement or any other applicable law or regulation. Auctioneer reserves the right to periodically change the terms and conditions of the User Site Agreement and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By using this Site, you agree in advance to accept any such changes.
3. Invoices will be emailed to successful bidders after the close of the auction. Please follow the link to complete purchase. Failure to make timely payment will result in disqualification.
4. The auction may contain items which are unique, altered, discounted, and/or one-of-a-kind. Bidder has responsibility to inspect item prior to bidding or purchasing.
5. Merchandise return/refunds: All items bid on and awarded to you as high bidder are your property upon the final payment of your invoice.
6. You will be suspended or permanently banned from the Site if you provide false information when registering, such as a false name or fraudulent contact information. You will be permanently banned from this Site if you are the successful Bidder and you do not honor your auction bid. Auctioneers use of e-mail addresses is strictly limited to contact Buyers and Owner/Sellers; any use of this private information by you is strictly prohibited.
7. The descriptions of item appearing in the auction and in advertising prior to the auction are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Auctioneer concerning any item shall be construed as a warranty either express or implied. ITEM ARE SOLD AS IS – WHERE IS and WITH ALL FAULTS. Auctioneer strongly encourages Bidder to carefully inspect each item in which Bidder had any interest to determine the item’s nature, quality, condition, quantity and size. Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Auctioneer. All final determination shall be at the discretion of Auctioneer.
8. Despite efforts to avoid the withdrawal of item from the sale after they are listed it may sometimes be necessary. Auctioneer reserves the right to do so at any time before or during the sale.
9. Buyer will be furnished a receipt of all purchases.
10. The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen bidding. Auctioneers designation of the Buyer shall be final. Bids received will be posted with each auction.
11. Bidder accepts responsibility for and agrees to indemnify, defend and hold harmless each Auctioneer and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents or representatives, use of the Site, including but not limited to personal injuries or property damage incurred by using any product purchased on this site, or by unique items lost in shipping, during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from any breach or violation by Bidder of this Site User Agreement or any use by Bidder of the Site or as a result of a dispute with another Bidder.
12. This Site User Agreement constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with the auction sale in any way, Bidder’s only recourse is to immediately discontinue use of the auction Site. Auctioneer reserves the right to terminate Bidder registration and use of the auction Site, and impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part or the entire Site without notice or penalty.
13. Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any item that were affected by any malfunction. The decision of the Auctioneer is final.
14. Auctioneer gathers information about Bidders and Owner/Sellers for the purposes of conducting online auctions. Auctioneer does not sell or rent this information.
15. Auctioneer uses email mailing lists to notify its customers about online and live auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received email to Auctioneer to have your name promptly removed from our list.
16. As a Bidder, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
17. As a Bidder you are responsible for any bids placed under your account. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any and all bids placed under your account. If at any time you feel that your account has been compromised due to lack of security on your part you must notify Auctioneer immediately.
18. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without our prior, express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Auctioneer. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
19. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
20. Any controversy or claim arising out of or relating to this Site User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Auctioneer may seek any interim or preliminary relief from a court of competent jurisdiction in Colorado necessary to protect the rights or property of Auctioneer pending the completion of arbitration. You and Auctioneer are independent contractors, and no agency, partnership, joint venture, employee or franchiser-franchisee relationship is intended or created by this Agreement
21. The Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Colorado applicable to contracts entered into and to be performed entirely within the State of Colorado. If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Auctioneer’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
