I. BUYER’S AGREEMENT
To register as a buyer or bidder on auctions held by DirtyPilot, you must provide your real name, address, phone number, e-mail address and valid credit card number. (Minors may not bid on items of Property through DirtyPilot unless they have obtained permission from their parents or guardians as set forth in the DirtyPilot Privacy Statement and Policy.) Intentionally providing inaccurate registration information constitutes a breach of this Agreement.
Use of the Site
As a bidder or buyer on auctions held by DirtyPilot, you are subject to the following terms and conditions
- You must honor all bids placed in an auction, and are legally obligated to complete the transaction if you are the winning bidder. You also agree to pay the Buyer's Premium of 15% percent to DirtyPilot on any auction item for which you are the winning bidder (See Buyer's Premium below).
- You will be bound by all terms of sale described in the auction listing, e.g.: method of payment, applicable sales tax, shipping and handling fees, the seller's return policy, etc.
- Bids are not retractable. Exceptions in certain circumstances will be determined solely by DirtyPilot. Possible exceptions include: bids made in error, significant changes to the description of an item, or blatant errors in a listing. Please contact DirtyPilot immediately if you have placed a bid in error.
- Only you may bid on items using your account and membership name, and you are responsible for all actions taken on behalf of your account. Do not share your account or password information, as you may be subject to legally binding actions taken on your behalf. DirtyPilot will not be liable for activity resulting from misused or compromised account information.
- You should immediately notify DirtyPilot if you suspect that your information or account has been compromised.
- You acknowledge that you have read and agree to this Agreement, and DirtyPilot.com’s Privacy Statement and Policy. DirtyPilot will endeavor to keep you abreast of any changes to these policies; however you should check those sections of the Site frequently for changes.
- You agree not to use any information accessed or disclosed through the Site for purposes of solicitation, advertising, spamming, harassment, invasion of privacy, or in contravention of this Agreement and/or DirtyPilot’s Privacy Statement and Policy.
- You are strictly prohibited from placing bids or arranging for bids to be placed on any item for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site. DirtyPilot reserves the right to revoke the registration of any person or party who violates this prohibition.
- DirtyPilot reserves the right to remove, screen, or edit any content that violates this Agreement and/or its Privacy Statement and Policy or is otherwise objectionable.
- DirtyPilot also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials. In order to cooperate with law enforcement, to protect DirtyPilot customers, to enable users to resolve disputes, or to ensure the integrity of the Site, DirtyPilot may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing, usage history and posted content.
DirtyPilot will charge you, and you will be responsible for paying, a buyer's fee currently equal to Fifteen Percent (15%) of the final selling price of any auction item for which you are the winning bidder (the “Buyer's Premium”.) The applicable Buyer's Premium will be charged to your credit card on file with DirtyPilot upon the completion of any auction in which you are the winning bidder.
You agree not to interfere with the billing process or attempt to circumvent the Buyer's Premium in any way.
Unless otherwise stated, the Buyer's Premium will be paid in US Dollars. Should you fail to pay any amounts due to DirtyPilot, you will be responsible for all costs of collection, including reasonable attorneys' fees.
Limitation of Liability
You will not hold DirtyPilot responsible for other users' content, actions, or inactions. DirtyPilot will endevour to do everything within its control to confirm the accuracy of the description of all Property, the stated quality of the Property and the authenticity of the Property including, when possible, obtaining Certificates of Authenticity. However, because many items of Property being auctioned are supplied by artists on consignment or other third parties, DirtyPilot cannot and does not guarantee or warrant the quality, safety or legality of Property offered for sale through the Site, or the truth or accuracy of listings therefor.
We do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by factors outside of our control. Neither can we guarantee that the site will operate error-free or that the Site or auctions thereon will no be interrupted. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, NOR LOSS OF MONEY, GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE OUR SITES, AUCTIONS, AND TOOLS OR THE PURCHASE OF PROPERTY.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under DirtyPilot Auctions Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
If you have a dispute with one or more users of our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
DirtyPilot reserves the right to change any of the terms and conditions contained in this Agreement by posting on the Site either a new agreement or any changes or amendments thereto and informing you by e-mail of such changes. Any changes will be effective upon the later of your receipt of such e-mail; or the posting of the revisions on the Site. You are responsible for reviewing the Site and any applicable changes. YOUR CONTINUED USE OF THIS SITE AND ITS SERVICES AND AUCTIONS FOLLOWING SUCH E-MAIL NOTICE AND THE POSTING OF ANY CHANGES OR AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR AMENDMENTS. IF YOU DO NOT AGREE TO ANY OF THESE CHANGES OR AMENDMENTS, DO NOT CONTINUE TO USE THE SITE OR PARTICIPATE IN ITS AUCTIONS.
II. PROPERTY POLICY
DirtyPilotAuctions.com policies regarding restricted items are generally based on country and state laws, although in some cases they may also be based on input from our members and our own discretion, especially for dangerous or potentially offensive property.
Warranties Concerning Consignment Property
DirtyPilot is committed to maintaining the highest standards of business, legal, and ethical practices. This begins with DirtyPilot making every reasonable attempt to verify the legality, authenticity, and rights of ownership of all items of Property listed for auction on the Site. DirtyPilot requires that all items of Property placed on auction on the Site through consignment have the following warranties to DirtyPilot from the consignor concerning that Property:
- Consignor has the right to consign the Property for auction through the Site.
- Consignor has good-standing and unencumbered title to the Property consigned for auction; and good and unencumbered title and right to possession of the Property will pass to the buyer at the time of sale.
- Consignor has no reason to believe that the Property is inauthentic, counterfeit, stolen, or was obtained illicitly or through misrepresentation.
- No item of Property will be submitted if a Consignor knows or has reason to believe that such item was illegally exported or imported.
- If applicable, the Property has been lawfully imported into the jurisdiction in which it is currently located and any and all applicable tariffs and taxes have been properly paid.
Warranties Concerning Other Property
DirtyPilot makes the following warranties for all items of Property placed on auction on the Site other than through consignment:
- DirtyPilot reasonably believes it has the right to offer the Property for auction through the Site.
- DirtyPilot resonably believes it has good-standing and unencumbered title to the Property consigned for auction; and that good and unencumbered title and right to possession of the Property will pass to the buyer at the time of sale.
- DirtyPilot has no reason to believe that the Property is inauthentic, counterfeit, stolen, or was obtained illicitly or through misrepresentation.
- If applicable, DirtyPilot reasonably believs the Property has been lawfully imported into the jurisdiction in which it is currently located and any and all applicable tariffs and taxes have been properly paid.
Conclusion of Auction/ Sale of Property
Each Buyer is required to fully endorse and agree to the following guidelines concerning the sales transaction of an item auctioned on DirtyPilotAuctions.com:
- DirtyPilot agrees to deliver the item of Property purchased from it unless the buyer of such item of Property fails to make payment.
- DirtyPilot agrees to fully disclose all shipping information to the buyer and to not misrepresent shipping costs or the departure location of the shipped item.
- DirtyPilot is responsible for collection and remittance of all applicable sales taxes.
- DirtyPilot agrees not to increase fees to the buyer for the use of credit cards or other methods of payments used in standard business transactions.
Termination of Agreement
DirtyPilot reserves the right, solely, to terminate this Agreement or to suspend use of the Site and/or Service to any Buyer at any time and for any reason without notice or explanation.
Notification of any termination or suspension will be emailed to you at the address you have provided in your account settings.
The following Sections survive any termination of this Agreement: Dispute Resolution; Limitation of Liability, Indemnity; Release; Representations, Warranties Concerning Consignment Property; and Warranties Concerning Other Property .