terms and conditions - J+K Estate Sales, LLC.

Last updated 6/30/24 (KJL)

1. GENERAL TERMS AND CONDITIONS FOR USING THE J&K ESTATE SALES PLATFORM

1.1 Acceptance.

Please read the J&K Estate Sales LLC Terms and Conditions ("Terms & Conditions") carefully. By accessing www.jkestateauctions.com ("Website") or participating in an online auction, You signify Your consent to both these Terms & Conditions. These Terms & Conditions constitute a binding legal agreement between You as the User ("You," "Your," or "Bidder") and J&K Estate Sales LLC, subsidiaries, affiliates, and Our commonly owned affiliated companies (Collectively, "J&K Estate Sales," "We," "Us" or "Our"). These Terms & Conditions set forth the legally binding terms for Your use of the J&K Estate Sales services and shall apply to all Users of the J&K Estate Sales Website. 

By using this Website, You agree to and are bound by these Terms & Conditions and also acknowledge that: (1) You have had the opportunity to review the tutorials regarding the use of J&K Estate Sales included in the Buying section; (2) You have either reviewed the tutorials and information or have chosen not to do so; and (3) You have had the opportunity to ask questions regarding the use of J&K Estate Sales by telephone or email and to have those questions answered. Additionally, by accepting these Terms & Conditions, You, as the User, acknowledge that J&K Estate Sales LLC is not the Owner or Seller of items contained in these online auctions. However, J&K Estate Sales reserves its rights to enforce all terms of sale, including in the Terms & Conditions.

1.2 Additional Terms.

You may be required to agree to additional Terms and Conditions per online auction. The Auction Details on the online auction list the additional Terms and Conditions You choose to participate in. These additional terms are now incorporated into the J&K Estate Sales LLC Terms & Conditions as an integral part.

1.3 Modification of Terms.

J&K Estate Sales, LLC may modify these Terms & Conditions anytime, effective upon posting on the J&K Estate Sales Website. You agree to be bound to any changes to these terms when You use www.jkestateauctions.comafter any such modification is posted. It is, therefore, important that You keep Yourself up to date with the Terms & Conditions and any changes to them.

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING, AND IF YOU VIOLATE ANY PART OF THEM, J&K ESTATE SALES LLC AND THE OWNER/SELLER MAY SEEK LEGAL RELIEF, INCLUDING BUT NOT LIMITED TO REPORTING YOUR CONDUCT TO APPROPRIATE LAW ENFORCEMENT ENTITIES. PLEASE NOTE THAT THESE TERMS INCLUDE AN AGREEMENT BY WHICH YOU INDEMNIFY J&K ESTATE SALES / AFFILIATES.

2. ACCESS AND USE THE WEBSITE

2.1 Website Access.

J&K Estate Sales LLC permits You to use the Website as outlined in these Terms & Conditions, provided that: (1) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by J&K Estate Sales LLC, and (2) You will otherwise comply with all terms or conditions outlined in these Terms & Conditions.

2.2 Use of the Website.

You accept sole responsibility for all Your activities using the Website, including Your conduct on the Website and any content You may submit, post, or share via the Website. You may not use the Website for any unauthorized or illegal purpose. You further agree not to copy, reproduce, or publicly display any content from the Website outside its functions without first obtaining written permission from J&K Estate Sales LLC and/or the Auction Manager. You will be responsible for ensuring that You do not violate any laws of Your jurisdiction. You will not upload or transmit viruses, worms, or other destructive code.

2.3 Bidder Number and Password.

(a) You must create a Bidder Profile to access some of the Website's features. NEVER use someone else's Bidder Profile without permission. You are responsible for maintaining the security of Your J&K Estate Sales Bidder Profile, password and any personal account information or purchase invoices. You are solely responsible and liable for the activity and purchases that occur under J&K Estate Sales and will not be held responsible for Your losses caused by any unauthorized use of Your account; furthermore, You may be held liable for the losses to J&K Estate Sales LLC or others due to such unauthorized use.

(b) J&K Estate Sale LLC’s sole discretion is to accept or decline the instructions of any individual who claims to be authorized to make direct changes to Your Bidder Profile account, so long as the person presents the appropriate account information. We shall not be responsible for the actions of any individuals who misuse or misappropriate Your account information or other assets Using Your Bidder number, password, or other appropriate identifying information. 

(c) If Your Bidder Profile account has been compromised, it is Your responsibility to notify Us immediately of any unauthorized use of Your account.

3. REGISTRATION

3.1 Registration.

If You would like to participate in Our online auctions, You must become a registered bidder and create a Bidder Profile. You agree to provide true, accurate, current, and complete information about Yourself and/or Your organization, as applicable, as requested during the registration process. Out-of-state Bidders must contact the Auction Firm manager/Auctioneer before bidding on titled assets; approval will be granted or denied on a case-by-case basis.

3.2 Requirements.

By using the J&K Estate Sales Website, You represent and warrant that (a) all registration information is truthful and accurate; (b) You will maintain the accuracy of such information; and (c) You are 18 years of age or older and have the total legal capacity to complete such contractual action without the need for any additional approval or consents. If You do not qualify, You are not permitted to participate in Our online auctions.

4. COMMUNICATION WITH YOU

4.1 Customer Service Contact.

To contact Our Customer Service - please use any of the options listed below:

1. Contact Us by Email at jkestatesalesllc@gmail.com 

2. Contact Us by Phone at 330-283-0571 during the service hours of 10 AM—5 PM (ET), Monday Through Friday. If you have questions, please contact the affiliate company listed on that auction.

3. Contact Us by Mail: Please direct questions or concerns to 860 Newton St, Barberton, Ohio 44203, USA.

*Our service hours may be reduced during national and/or religious holidays.

4.2 Email Communication.

J&K Estate Sales LLC and Our affiliates reserve the right to send messages to You to inform You of (a) Your Registration confirmation, Purchase Notification(s) and/or Past Due Notification(s); (b) changes or additions to the Website, the online auctions, the items, or these Terms & Conditions; or (c) any other matter related to the Website, the online auctions, the items, and/or these Terms & Conditions. Furthermore, You consent to receive such emails at the email address You enter into Your Bidder Profile.

4.3 Telephone Communication.

By agreeing to these Terms & Conditions, You acknowledge that We and/or Our affiliates may contact You via telephone (either by a live person, automatic dialer, prerecorded message, or a combination of the preceding) to discuss the Website, the online auctions, the items, or Your account and You consent to such contact. Furthermore, You consent to receive such calls at the telephone number(s) You enter into Your Bidder Profile.

4.4 Text Communication.

You may opt-in to receive watchlist and outbid alerts via text message during registration or in Your Bidder Profile. When You opt into this functionality, You consent to receive text messages by automated means from J&K Estate Sales LLC. Allowing the text alerts is not a condition of purchase; this service is free from J&K Estate Sales LLC; however, carrier message and data rates may apply. To take advantage of the J&K Estate Sales LLC text messaging alerts, You must have a text messaging-enabled mobile device with a text messaging plan. The number for his device must be entered into the mobile phone text box in Your account information. All mobile carriers are supported.

4.5 Direct Mail Communication.

J&K Estate Sales LLC and affiliated companies may send You promotional details for Our services that interest You. If You do not wish to receive these communications at any time, please email jkestatesalesllc@gmail.com.

5. WARRANTY OF ITEM 

5.1 Warranty of Items.

(a) All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. No other guarantees of authenticity, expressed or implied, are that this moment disclaimed.

(b) Dimensions given for the item(s) are approximate measurements.

(c) CAUTION: Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please read the descriptions carefully to determine what is included in each lot. Items may be joined for demonstration purposes only.

5.2 Physical Condition of Items.

J&K Estate Sales LLC and Affiliates does its best to explain an item's features and faults within its description. We cannot ensure that Our assessment of an item is the same as Your assessment; J&K Estate Sales LLC and Affiliates assess the quality and condition of an item as described and stated by using the following "Standard Physical Condition Glossary":

New In Box or Package: The item has never been opened or used and is still sealed in its original packaging.

Excellent (Like New): In unused or like-unused condition; some items may have been used but cared for so well that they appear unused.

Very Good: It is slightly used; only minor imperfections are visible upon close inspection. 

Good: There are some signs of wear, and the item may have some visible minor flaws, which are noted in the description, but it is in overall good condition.

Used / Untested: Signs of wear, may have issues, and possibly needs work; please bid accordingly.

Fair: Visible problem(s); items may be chipped, cracked, scudded, or stained but still functional.

Poor: Damaged or heavily used. We suggest an upcycle, repurpose, or restoration project.

Good for Age: This product is used with old or vintage items where normal wear and tear is expected and does not devalue the item.

5.3 Working Condition of Items.

J&K Estate Sales LLC/Affiliates do not guarantee the working order of any item, including clocks, watches, or electronic or mechanical devices.

5.4 Previews.

The sole purpose of a Preview is to allow You to see the item(s) in person before placing a bid. Reviews will occur at the sole discretion of the Auction Manager, and times and availability will vary. Refer to the Auction Listing section for preview availability. Contact the listed Auction Manager if you have any questions or concerns about items in their online auction.

5.5 Changes in Circumstances.

All aspects of an online auction are subject to change without prior notice. J&K Estate Sales LLC and Affiliates reserve the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online auction ending times, preview date and/or time, or pickup date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or online auction event; or (e) take any other action J&K Estate Sales LLC deems necessary to affect the fair conduct of a sale.

6. BIDDING INSTRUCTIONS

6.1 Binding Offer.

Placing a bid constitutes a binding offer between You, the Bidder, and the Owner/Seller that cannot be rescinded or retracted. If the bid is accepted, You are contractually obligated to buy the merchandise at a price stated as Your bid and pay all other applicable taxes and fees.

6.2 Participation.

YOU MUST FAMILIARIZE YOURSELF WITH THESE TERMS & CONDITIONS AND ALL OF THE AUCTION DETAILS FOR THE ITEMS IN WHICH YOU ARE INTERESTED BEFORE BIDDING ADDITIONALLY. ENSURE THE AUCTION PICKUP DATE AND TIME WORK WITHIN YOUR SCHEDULE BEFORE BIDDING. You can bid before the auction's end time or bid while the auction is in the process of closing. J&K Estate Sale LLC/Affiliates cannot guarantee that You will be the winner of any item.

6.3 Placing a Bid.

You can place bids in two ways: (1) manually by entering a standard bid using the My Bid function, then clicking the "Place Bid" button for each lot You would like to place a bid and/or (2) by using the Max Bid function. The Max Bid function is a feature that bids on a lot automatically for You, even when You are not online or logged in, up to the dollar amount entered. You can read more about the Max Bid function and how all other bidding features operate in this website's "Buying" and "Glossary" sections.

6.4 Bid Increments.

When placing a bid, bidding must increase by the following specified increments:

CURRENT BID

INCREMENT

$1– $20

$1

>$20 – $50

$2

>$50 – $100

$5

>$100 – $200

$10

>$200 +

$15

6.5 Bidding Records.

Should a bid be placed within the last five minutes of a lot's ending time, the ending time will automatically be extended up to five minutes from when the bid is placed. The timer will continue to extend in the same manner until all bidding activity has stopped. When an item closes, the time on the lot hits "zero." The winning Bidder of an item is the last bid in the bid history recorded before the timer hits zero.

6.6 Bid Notifications.

(i) Outbid Alerts can be enabled or disabled in Your Bidder Profile. You can receive outbid notifications via email, text message or both. The notifications are sent until the lot is closed.

(ii) Purchase Notifications are automated alerts to Winning Bidders via EMAIL ONLY after all lots for the auction have closed. This email can never be disabled or unsubscribed. It will detail the date, time, location, and Bidder notes for the auction pickup of Your winning items. It also provides a helpful payment gateway for Your purchase invoice online via credit card. If You feel You have won an item(s) and have not yet received a Purchase Notification, please check Your SPAM/JUNK email folder. Should You need Your notification to be re-sent, please contact the Auction Manager. Note: We can no longer send purchase notifications once the auction pickup date/time ends.

6.7 Bidding Errors.

We will not reverse bids that have caused another Bidder to be outbid. Please be aware that many Bidders routinely increase their bid to price an item out of reach of other Bidders. You should immediately review Your bids before submission. We will not reverse Your bid if You bid on the wrong item. With no exceptions, We will not reverse bids after the auction has begun to close.

7. PAYMENT

7.1 Payment Types.

J&K Estate Sales LLC/Affiliates accepts cash (USD), or VISA®, MasterCard®, and Discover® as acceptable payment for items purchased. You may be required to present your current identification (such as a valid driver's license or state ID) at pickup time. J&K Estate Sale LLC/Affiliates accepts cash payments in USD only. Items will not leave the auction premises until payment, including all applicable taxes and/or fees, has been made in full. Payment type restrictions for an entire auction of an individual item may apply; please read the Auction Details for additional terms.

7.2 Buyers Premium & Sales Tax.

If You are the successful Bidder, You agree to pay the amount of Your bid plus a 12% (twelve percent) Buyer's Premium and any applicable state and local sales taxes.

7.3 Tax Exempt.

If You are a tax-exempt Bidder, You must go to Your Bidder Profile and fill in Your tax-exempt number. Customer Service will contact You with further instructions on how to complete the tax-exempt process.

7.4 Payment Instructions.

Payment must be made in full by the end of the auction pickup time. You may pay Your invoices in three ways: (1) via Online Checkout, (2) In-person at the auction pickup, or (3) via Square. 

1. Payment via the Online Checkout: Should You choose to pay through the Online Checkout (You can access the system from Your Bidder Dashboard). Click "View" to select and view an Unpaid Invoice, then click "Pay Online." To start the checkout process, choose Your pickup option from the drop-down menu: (a) Pickup at the auction location; (b) Transfer items for an Alternate Pickup location and/or time; (c) Ship Your items; (d) Donate/Forfeit Your items. Once You submit Your payment, you will receive Your payment confirmation. Not all pickup or payment options apply to every auction and/or item.

(a). Payment via the Online Checkout is restricted to the acceptable credit card payment types.

(b). For convenient and frequent use, You may save Your credit card payment method(s) in Your Bidder Profile. Store Your method before You checkout to ensure it's saved to Your account. J&K Estate Sale LLC/Affiliates will never automatically charge the payment methods on file. It is safe to store Your payment methods on the J&K Estate Sales Website. 

(c). For more information about the online checkout process, Visit Our "Buying" section for a tutorial video or detailed instructions.

2. Payment in Person: Paying in person at the auction location allows for all payment types outlined in the payment term 7.1.

7.5 Liability Regarding Purchases.

Once the item(s) have been paid for by any means, You assume entire risk and responsibility for the purchased item(s) unless otherwise noted as donated/forfeited.

YOU AGREE THAT J&K ESTATE SALES LLC/AFFILIATES SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE MERCHANDISE BY YOU OR ANY OTHER PERSON FOLLOWING POSSESSION OF THE PURCHASED ITEM(S). IN NO EVENT SHALL J&K ESTATE SALES BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER ACCORDING TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

7.6 Failure to Remit Payment.

Any items not paid for by the J&K Estate Sales LLC Terms and Conditions will be forfeited by You and deemed a breach of this Agreement. At its sole and absolute discretion, J&K Estate Sales LLC/Affiliates may resell the items or donate them to a charity of J&K Estate Sales LLC or the affiliate's choosing. Any default in payment will be subject to interest and collection fees. J&K Estate Sales LLC and/or its affiliates reserve the right to report Your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your bidding privileges may be in jeopardy if You fail to remit payment for an invoice issued. You are also advised that J&K Estate Sales LLC and/or its affiliates may aggressively enforce its rights to the fullest extent of the Law, including civil and/or criminal prosecution.

8. Pickup and Shipping Policies

8.1 Pickup Policies.

(a)You must pick up Your merchandise at the specified auction location and the scheduled pickup time. Refer to Your purchase notification for specific pickup instructions. Any item NOT picked up by the set time will be considered abandoned unless separate accommodations have been made with the Auction Manager before the pickup start time.

(b) Purchases will be released upon Your payment, made in full, of the entire invoice balance due.

(c) You are responsible for bringing Your own boxes and/or packing materials, and/or moving equipment and/or any tools necessary to disassemble and safely remove items. Removal shall be at the purchaser's expense, liability, and risk. No assistance will be provided by the J&K Estate Sales LLC/Affiliates team.

(d) If You are sending movers or anyone else on Your behalf to pick up Your items, please ensure that they have the full payment due upon arrival or Your paid receipt at the pickup location. Otherwise, no items will be released.

(e) Any item NOT picked up by the set time will be considered abandoned. The auction's description policy states that abandoned items will incur an abandonment fee.

(f) If you present a hazard to Yourself, the building or others at the auction, You may not be permitted to move or remove items.

8.2 Shipping Policies.

(a) Item shipping availability is stated in each Item Details section. You must contact the Auction Manager directly before pickup to request shipping. The Auction Manager will use reasonable efforts to provide a shipping quote within 24 hours. Shipping payment must be made in full before items are shipped. J &K Estate Sales LLC and/or its affiliates assume no liability for any damage(s) to item(s) that may occur during the shipping process. All shipping claims should be made directly with the shipping carrier 

(b)You may make Your own arrangements to have Your items picked up and shipped by the agent of Your choosing. However, this must occur during the scheduled pickup times, and J&K Estate Sales LLC must receive invoice payment before releasing Your items.

9. Termination

9.1 Termination.

J&K Estate Sales LLC reserves the right, at its sole and absolute discretion, to permanently terminate Your access to Your account at any time effective immediately, with or without notice, if We determine or suspect You have violated these Terms & Conditions, any laws, or the rights of other Users or third parties. In the event of termination by J&K Estate Sales LLC in connection with Your breach of these Terms & Conditions, J&K Estate Sales LLC may pursue any remedy that may be available, at Law or in equity, concerning such breach. Regardless of the reason for any termination, You agree that if J&K Estate Sales LLC, in good faith and its sole discretion, determines that You have breached these Terms & Conditions, J&K Estate Sales LLC may cancel all current bids placed, withhold merchandise not picked up, or otherwise retain any of Your pending transfers and/or shipped merchandise. Upon termination, You agree to pay J&K Estate Sales LLC for all outstanding unpaid invoices through the termination date.

10. Indemnification 

10.1 Indemnity.

You agree to indemnify, defend, and hold J&K Estate Sales LLC and its Members, Managers, directors, employees, agents, Affiliates and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (a) Your use of J&K Estate Sales LLC or any of the services offered by J&K Estate Sales LLC, (b) any violation of these Terms & Conditions by You or any person acting in collusion with You, (c) any violation of applicable Law or court order by You, and (d) any negligence or willful misconduct by You.

11. Events Beyond Control

11.1 Interruption of Service.

J&K Estate Sales LLC shall not be responsible for any interruption in service, errors, and/or omissions caused by any means and does not guarantee continual, uninterrupted, error-free service or use of the Website. With current technology, it is impossible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error or to rule out any unpredictable events connected to the Internet. You acknowledge that all auctions are conducted electronically and rely on hardware and software that may malfunction without warning. In the event of any malfunction relating to the Website, We, at Our sole discretion, may void any sale, temporarily suspend bidding, and/or resell any item/lot affected by any malfunction. The decision of J&K Estate Sales LLC shall be final.

11.2 Temporarily Suspended Auctions or Lots.

When an online auction or lot needs to be temporarily suspended, the current bidding price and the current highest Bidder will be recorded. Temporarily suspended auctions and lots will be indicated when applicable.

11.3 Liability Regarding Unforeseeable Events.

📷Under no circumstances shall J&K Estate Sales LLC be held liable for any delay or failure in this Website and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of, J&K Estate Sales LLC. This includes but is not limited to, any third party associated with J&K Estate Sales LLC or the services provided by J&K Estate Sales LLC.

12. Trademark

12.1 Trademark.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Website belong to J&K Estate Sales LLC or their Affiliates and are only to be used with permission. Nothing on this Website should be construed as granting any license or right to use any Trademark displayed. Your use/misuse of any of the Trademarks displayed on this Website, or any other content on this Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also advised that J&K Estate Sales LLC and/or its Affiliates will aggressively enforce its intellectual property rights to the fullest extent of the Law.

13. Affiliates

13.1 Established Affiliates.

J&K Estate Sales may occasionally guide its Affiliates in the daily operation of its business affairs and assist in marketing through its Website, www.jkestateauctions.com. However, each Affiliate remains its own separate entity and is independently owned and operated.

14. Governing Law

14.1 Governing Law.

The laws of the state of Ohio shall govern these Terms & Conditions and their interpretation. Actions with ONLINE ONLY bidding are not subject to the Auction statute (4707) and are not under the supervision of the Department of Agriculture. Any suit relating to these Terms & Conditions shall be brought to the Court of Common Pleas in the county where the auction is conducted. Any controversy or claim arising from or relating to these Terms & Conditions, or breach thereof, shall be settled through the America Arbitration Association or any substantially similar association in the appropriate jurisdiction, and judgment on the decision rendered by the arbitrator may be entered in any court having jurisdiction. Therefore, in any litigation, arbitration, or other legal proceeding that may arise between any of the parties hereto, the prevailing party shall be entitled to recover its costs and expenses, including costs and expenses of arbitration, court costs, and expenses incurred on appeal, and reasonable attorneys' fees incurred in any dispute through arbitration and appeal of and final judgment in addition to any relief to which such party may be entitled.