The Velvet Cricket’s Terms & Conditions

(Please read terms & conditions and click "Continue To Registration" at the bottom of this page to continue)

I.) Bidder’s Agreement

Your bid represents an offer to purchase. The purchase will become a legally binding contract once it has been completed through the bidding process. Please follow through with your commitment or DO NOT bid on the selected item(s).

II.) Bidder’s Log-in/Registration

Logging in and creating an account are two necessary steps in order to engage in the bidding process of the online auctions. In order to create an account, please read, in full, the terms and conditions found at the “Register To Bid” option located in the header at the top of the website. After reading our terms, click the "Continue To Registration" button to continue. Lastly, enter your personal information to receive your new bidder number. By entering your information, you are acknowledging that you are at least 18 years old and that all contact information is accurate. Once you have received your new bidder number, you will then be able to log in and place bids on the available auction items.

III.) Bidding Instructions

Once you create an account and obtain a bidder number, you may begin placing bids on any item(s) listed in any online auctions. Each item's starting bid begins at $1.00. Once you find the item(s) that you wish to bid on, enter your bid in the box labeled “Your Bid”. You are provided with two options for placing a bid. Either 1) enter the next required bid increment for that item(s) or 2) enter the highest amount that you are willing to pay for the item(s). If you choose this option, we will automatically increase your bid in small increments if and when people bid against you and up until your maximum amount that you have entered. After selecting “Submit Bid”, a new page will give you a summary of all your new bids for final confirmation. Select "Submit Bid" again and the system will indicate in black if you are the highest bidder on that item(s). The color red will appear if “you have been outbid by # (winning bidders number).” The system will continuously update as bidders place additional bids until the designated closing time for the particular item. The winning bid will be determined once the auction is officially closed.

IV.) Closing Auction Instructions

Every auction will have an alloted closing date and time associated with all items within the particular auction. As each auction closes, the bidding process for items will recede and items will close at the rate of two (items) per minute. As the auction closes, if an item receives a bid within the last five minutes before it closes, then that item will have an additional five minutes for any new bids before the item ends. Any additional bids in the concluding five minutes will continue to activate this process until a final bid is reached. In this scenario, a five minute period must elapse without any further bids in order for the auction to close indefinitely. After the auction has closed, the winning bidder for each item is determined.

V.) Bidding Mistakes

Reviewing your bid amount before selecting the “Submit Bid” button is of upmost importance. If you make a mistake entering a bid amount, it is your responsibility to contact The Velvet Cricket at least 24 hours before the designated auction sale closing date. The Velvet Cricket will then review the mistake and correct it upon our approval. Within the 24 hour time-frame of the scheduled auction closing, your bid will remain as you entered it to ensure the honesty of the auction process and to inhibit inappropriate bidder manipulation. The Velvet Cricket will oversee all auction closings to assure and assist in any closing errors. The Velvet Cricket will not release bidders from their sole responsibility of entering bidding amounts—particularly those bids entered by a bidder in the final minutes of an auction in effort to influence existing bids or to discourage other bidders.

VI.) Item Descriptions

All items disclosed in the online auction are sold "as is". It is at the discretion and judgment of The Velvet Cricket to describe each item’s appropriately and accurately. The item(s) condition may be listed as ‘Poor’, ‘Fair’, ‘Good’, ‘Very Good’ or ‘Excellent’. The Velvet Cricket’s interpretation of the condition is subjective, thus putting the responsibility on the bidder to confirm that the condition described by The Velvet Cricket meet’s the bidder’s expectation/interpretation of the specified item. This exchange must occur by previewing the item in person prior to the placing of a bid as well as prior to the identified auction closing date. Please note that most of the items that The Velvet Cricket sells are secondhand, antique and/or vintage. Depending on the items age, there will likely be signs of wear and use.

VII.) Personal Valuation

The Velvet Cricket allows for bidders to preview and assess the items in person before placing a bid online. This can be helpful if you are unsure of an item’s condition. Note that is your responsibility to preview an item before an auction sale closing. Once the auction is closed, you no longer have the opportunity to cancel a bid. The preview is provided solely as a courtesy rather than an invitation to request the re-evaluation of an item.

VIII.) Liability

A. The bidder acknowledges that The Velvet Cricket’s liability along with the liability of the seller of the items is limited to the reimbursement of the purchase price of that single item. The Velvet Cricket is not liable for the bidder’s own misconduct and will not be held responsible for any errors of The Velvet Cricket or others whom are associated with the sale.

B. The Velvet Cricket website is an electronically programmed auction site that relies upon third party software which has the potential to malfunction without notice. The bidder agrees that The Velvet Cricket should not be held responsible for an inconvenience that could occur due to a software/hardware malfunction. The Velvet Cricket is entitled to the right to cancel any transaction that is determined to have been affected by such malfunctioning.

C. The Velvet Cricket has the right at any time during an active auction to remove any number of items or correct any reasonable errors for any number of items brought to the company's attention during the auction without liability. The company is unable to notify every bidder of every change during an auction resulting from the instructions from our consignors. The Velvet Cricket makes every attempt to publish an ethical and fair marketplace while honoring its agreements for our consignors. The Velvet Cricket does not hold any bidder responsible for items removed during an active auction.

IX.) Indemnification Agreement

The bidder agrees to indemnify and hold The Velvet Cricket and all affiliates innocuous from any claim involving, a) attorney’s fees, prepared by any third party resulting from your breach of this agreement, b) your improper usage of The Velvet Cricket’s services c) your violation of any law or contract or the rights of a third party.

X.) Payment

At the closing of an online auction, an invoice will be generated for each participating winning bidder listing all winning items along with any appropriate sales tax and/or fees. The payments accepted are cash, check with valid ID, all major credit cards and PayPal. Please call 513-979-4990 to arrange payment and the pickup of your winning items.

XI.) Item Pickup

Following each auction sale, The Velvet Cricket will offer notice via email notification and website publication for the scheduled pickup times. It is up to the bidder to make the proper arrangements for the items to be picked up from our building during the pickup times. We will not reimburse you for any item(s) that you are unable to pick-up during the scheduled pick-up times.

XII.) Item Delivery

If the designated pick-up time/date is not feasible for you, it is your obligation to contact The Velvet Cricket at least 24 hours before the scheduled pick-up date to discuss if alternative arrangements can be made. The bidder acknowledges that The Velvet Cricket has no obligation to make any substitute arrangements. Any and all accommodations that The Velvet Cricket agrees to comes at the expense of the bidder unless otherwise contracted in writing by The Velvet Cricket. Alternate pickup in the form of delivery is subject to availability. The items must be paid for prior to the original pick-up date and time via the bidder’s credit card. Items not moved will be surrendered and may be subject to disposal fees in addition to the initial invoice fees. The bidder agrees that The Velvet Cricket may charge a larger amount to cover expenses for the special transportation of items that are difficult to transport/ship.

XII.) Failure to Make Payment

Under these Terms and Conditions, recognize that any items that are not paid for by bidder no later than the scheduled pick-up date, are to be surrendered. Upon this occurrence, The Velvet Cricket assumes the right to give the item(s) to charity, dispose of or resell the item(s). The bidder, as result of a surrendered item(s), will still be responsible for the original purchase price of the item(s), in addition to any handling fees, related taxes or moving/disposal charges. The failure to make payment can result in a block or suspsension for any/all future bidding.

XIV.) Shipping

Upon the request of bidder and following the closing of the auction, The Velvet Cricket can ship your items anywhere in the world. Your payment must be handled via credit card on or before the scheduled pick-up date and preceding shipping. The following will be chargred to your card: purchase amount, any related taxes, actual shipping charges and handling fees. A modified invoice including the new shipping and handling charges will be sent with your order. The item(s) will be shipped within five business days of the auction closing date.

XV.) Bidder Block/Suspension

The Velvet Cricket holds the right to decline, suspend or block bidders whom violate these Terms and Conditions without having a written notification prior to the violation.

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