Any participation, transaction or involvement with The Angling Marketplace indicates your acceptance of these Terms and Conditions.
Provisions of the NY Uniform Commercial Code, Section 2-328 apply to all auctions.
1. The Angling Marketplace reserves the right to deny or end participation for any Bidder, Buyer or Seller at any time. The Angling Marketplace reserves the right to withdraw any property prior to sale without explanation.
2. Hosting of this Seller Timed Auction is provided by The Angling Marketplace as a service only. Seller is solely responsible for their listings in their entirety.
3. It is the Seller’s responsibility to provide comprehensive descriptions, appropriate condition grade and/or clear unaltered photos of their items to facilitate an honest transaction. Any supplied photos will be considered part of the description. Should there be a dispute due to a claim the Seller’s item is not as described/photographed, granting a return and refund to the Buyer will be at the sole discretion of The Angling Marketplace. In the case of a return, once the item is received by the Seller, the buyer will be remitted the hammer price, buyer’s premium and the cost of shipping, with all but the buyer’s premium deducted from the Seller’s proceeds.
4. Bidding platform records of The Angling Marketplace will be deemed conclusive in all respects and will be final. In the event of two identical absentee bids, the first bid received will be the successful bid. Once placed a bid cannot be retracted or reduced.
5. Seller lots may not be withdrawn once the timed auction is in progress without written permission from The Angling Marketplace. If the item is not delivered to the Buyer post-auction, the Seller will remit 21% of the hammer price to The Angling Marketplace.
6. Seller packaging must conform to USPS and/or UPS standards. Insurance equaling the full purchase price of every item sold is mandatory. Delivery Confirmation is mandatory. Should there be postal damage or an item is lost in transit, it will be the Seller’s responsibility to facilitate a claim and work with the Buyer and shipping carrier for a satisfactory resolution.
7. Items will be shipped to the address provided by the Buyer during the auction registration. The Angling Marketplace will not be held responsible for address errors.
8. As of March 1, 2020, all sellers are required to use protective gloves while handling and packaging sold lots. Buyers are required to disinfect all packaging and lots upon receipt from The Angling Marketplace sellers. The Angling Marketplace will not be held responsible or liable for a seller or buyer not obeying these requirements.
9. Information emailed from a Seller to a Bidder pertaining to a timed auction lot will be considered part of the description. Correspondence between Sellers and Bidders or Buyers are not considered private.
10. Any participation in a The Angling Marketplace timed auction shows a legal agreement between the parties and constitutes a real transaction. Any Seller, Bidder or Buyer recognizes and accepts the existence of this binding contract.
11. The Angling Marketplace will collect shipping fees from the Buyer in accordance with the Seller’s “Shipping Cost & Information”, and remit in total to the Seller as per the stated fee. In the case a lot does not include the Seller's criteria in the “Shipping Cost & Information” field of the lot, the Buyer may refuse to pay the shipping amount included on the invoice, the transaction will then be cancelled and the Seller will remit 21% of the hammer price to cover the loss of the buyer’s premium to The Angling Marketplace. If the Seller's shipping cost is not stated in a dollar amount, it is the Buyer's responsibility to email the Seller prior to placing a bid to ascertain what the expected shipping cost will be.
12. Shill bidding is absolutely forbidden, it is prohibited by law and will not be tolerated. Sellers may not place a bid on any item/lot they list in a timed auction - this includes items the Seller is listing for others as their agent. If proof is received of illegal bidding, the Seller will be banned from participation in all future auctions and will be reported to the necessary authorities for criminal prosecution.
13. For Bidders requesting anonymity, The Angling Marketplace will offer absentee bidding through an in-house account. Should an absentee bid be successful, the purchase will be paid by shipped to The Angling Marketplace. The Buyer’s identity will not be shared with the Seller.
14. Payment in full is due within 48 hours following the end of the auction, after that time, the Buyer’s registration credit card will be charged in full for all purchases.
15. In the event of Buyer non-payment, The Angling Marketplace reserves the right to charge the defaulter’s credit card for any amount owed until paid in full. If the defaulter’s credit card cannot be charged in full, The Angling Marketplace reserves the right to share and/or publish the non-payment and the Buyer’s identity, as well as provide notification of such to message/chat boards, clubs, credit reporting agencies, etc.
16. Buyers that do not complete a transaction in good faith and in accordance with these Terms and Conditions will be blocked from participation in all future auctions and The Angling Marketplace venues permanently and may be prosecuted.
17. It is the responsibility of all participants to provide their correct current shipping address and contact information during the auction registration. Third party shipping requires a signed release from the Buyer absolving the Seller and The Angling Marketplace from all liabilities, including damage, theft or loss. International shipping to a country with a USPS insurance maximum below the purchase price of the item requires a signed release from the Buyer absolving the Seller and The Angling Marketplace from all liabilities, including damage, theft or loss, or additional shipping charges are to be paid by the purchaser to use a different carrier with full insurance coverage.
18. The Angling Marketplace will not be held liable or responsible for failure to execute bids, reserves, or complete any transaction.
19. All lots are put up for sale subject to a reserve price imposed by the Seller.
20. Seller agrees to allow the publication of their email address in conjunction with each lot description. Correspondence between a Seller and Buyer may not be shared publicly, to include but not limited to online posts and social media.
21. A buyer's premium of 21% will be charged for all timed auction purchases, applied to all property sold, to be paid by the Buyer as part of the purchase price. This commission, based on the hammer or sale price, is paid to The Angling Marketplace by the Buyer with the Seller's permission.
22. Seller, Bidder, Buyer, consignor, independent contractor, employee, or any person whatsoever expressly acknowledges and agrees that in no event shall owners, officers, representatives, independent contractors or employees of The Angling Marketplace be liable for compensatory, incidental, consequential, or any damages whatsoever. The Angling Marketplace shall be held harmless from any person whatsoever with respect to any and all claims, including but not limited to, liability for loss, damage or injury of any kind.
23. The Angling Marketplace will not be held responsible or liable by any party for selling delays, canceled lots, withdraws, changes in auction conditions, dates, change of venue, delayed or canceled listings, a partial or entire canceled auction, no matter the cause or reason. In the event the Internet connection is affected or lost, it is at the sole and absolute discretion of The Angling Marketplace as to continue or cancel the remainder of the auction and/or to resume at a later date.
24. In the event of failure to comply with any of these conditions, the damage recoverable from the defaulter or offender shall include, but is not limited to, any loss, added expenses to The Angling Marketplace, reasonable attorney fees, all legal action expenses.
25. This contract contains the complete, exclusive, and final agreement of the parties, being no understanding, no oral or other written agreement, inducement, promise, representation or warranty than is included in this Terms and Conditions, any such matter has been merged into this agreement and does not survive its execution. If any portion of this contract is for any reason proven invalid or unenforceable the remainder shall remain valid and enforceable.
26. Any and all persons, participants or their agents agree to be governed by the laws of the State of New York and all issues concerning a service, sale, purchase, or any other matter whatsoever will be construed in accordance with the laws of New York and the parties further agree that all legal actions concerning any issue or transaction with The Angling Marketplace will be brought in Madison County, State of New York.