Bidder Terms

The parts of Auktia's Terms of Service that apply when you register, bid or buy.

Effective October 20, 2026

These are Parts A, B, D, E and F of Auktia’s Terms of Service, a single agreement. If you also sell on Auktia or work for an auction house, the Auction House Terms (Part C) apply to that too (Section A3).

Part A. General Terms (all Users)

A1. Definitions

In these Terms: “Auktia,” “we,” “us” and “our” mean Auktia LLC, a Texas limited liability company. “Service” means the website at www.auktia.com, its subdomains, applications, notifications, text messages, application programming interfaces and all related services Auktia provides. “User” or “you” means any person or entity that accesses or uses the Service, and, where you use it for a business, that business. “Bidder” means a User who registers for, bids in, or buys in a Sale. “House” means an auction house, auctioneer, dealer or other seller that lists Lots or conducts Sales on the Service, together with its owners. “House Personnel” means a House’s owners, members, managers, employees, auctioneers, contractors and agents, and anyone else the House permits to use its account. “Lot” means an item or group of items offered for sale as a single unit. “Sale” means a timed auction a House conducts on the Service. “Listing” means a Lot’s title, description, photographs, condition information, notes, estimates, specifications and every other piece of information about it. “Hammer Price” means the highest accepted bid on a Lot when it closes. “Buyer’s Premium” means the percentage of the Hammer Price the House charges the buyer for a Sale. “All-In Price” means the Hammer Price plus the Buyer’s Premium, applicable sales tax and any shipping charge. “Contract of Sale” means the contract between a winning Bidder and a House (or the consignor for which the House sells) formed under Section B6. “House Terms” means the terms and conditions a House publishes for a Sale. “Content” means any text, image, data or other material. “Fees” means all amounts a House owes Auktia. “Payment Processor” means Stripe, Inc. and its affiliates, or any other payment processor Auktia designates.

Everyday words. The Service also uses everyday words for some of these terms, and each pair means the same thing wherever either word appears, on the Service or in these Terms: “item” means a Lot; “seller” means a House; “auction” means a Sale; “winning bid” means the Hammer Price, and “current bid” means the highest accepted bid while a Lot is open; “buyer’s fee” means the Buyer’s Premium; “bidder number” means a paddle number, and “My bids” is the page also called My paddle; “minimum price” means a reserve; “starting bid” means an opening bid; “extended bidding” means a soft close; and, for a House, “invoices” means settlement. Either word may be used, and neither changes what these Terms say.

A2. Acceptance; Electronic Agreement

These Terms of Service, together with the Privacy Policy and any other policies or terms referenced in them (together, the “Terms”), are a legally binding agreement between you and Auktia. You accept the Terms, and agree to be bound by them, when you (a) tick a box or click a button indicating that you agree, (b) create an account, (c) register for a Sale, place a bid, list a Lot or publish a Sale, or (d) otherwise access or use the Service, whichever occurs first. If you do not agree, do not use the Service.

You consent to entering into the Terms, and all other agreements, notices, disclosures, invoices and records relating to the Service, electronically. Your electronic acceptance has the same force as a handwritten signature, and electronic records satisfy any requirement that a communication be in writing, under the federal Electronic Signatures in Global and National Commerce Act and the Texas Uniform Electronic Transactions Act. Auktia records each acceptance of the Terms, including the version accepted, the date and time, the account, the network address and the browser used, and that record is evidence of your acceptance. You may print or save the Terms at any time from this page.

If you use the Service on behalf of a business or other entity, you represent and warrant that you are authorized to bind it to the Terms, and it is bound by them.

A3. Your Roles; Users Who Are Both Bidders and Houses

The Terms apply to you in every capacity in which you use the Service. Part A (General Terms), Part D (Disclaimers, Limitation of Liability, Release and Indemnification), Part E (Dispute Resolution) and Part F (General Provisions) apply to every User. Part B (Bidder Terms) applies whenever you register, bid or buy. Part C (Auction House Terms) applies whenever you list, sell, conduct a Sale, or act for a House as House Personnel.

If you are both a Bidder and a House (or House Personnel), Parts B and C both apply to you, and your obligations under them are cumulative. As to any particular transaction, the Part that governs the role in which you acted in that transaction controls in the event of a conflict. Nothing in one Part limits any right of Auktia, or any obligation of yours, under the other. The Bidder Terms and the Auction House Terms published on separate pages are parts of this single agreement, and acceptance of the Terms in either role is acceptance of the entire Terms.

A4. Auktia Is a Venue, Not a Party to Any Sale

Auktia provides an online venue and technology (a catalogue, a bidding engine and clock, invoicing, checkout and tools) that Houses use to conduct their own Sales and that Bidders use to bid in them. Auktia is not an auctioneer, seller, consignor, buyer, broker or agent of any User, and is not a party to any Contract of Sale. Each House is the seller (or the agent of the consignor) of the Lots it lists and is the auctioneer of its Sales. Auktia does not own, take possession of, store, inspect, authenticate, appraise, insure, ship or deliver any Lot, does not pass or hold title to any Lot, does not act as an escrow agent, and owes no fiduciary duty to any User.

Auktia does not control, and is not responsible for, the existence, quality, safety, legality, authenticity or value of any Lot, the accuracy of any Listing, the ability of any House to sell or of any Bidder to pay, or the performance of any User. The display of a Lot, Sale or House on the Service, Auktia’s approval of a House, and any badge, check or verification on the Service are not an endorsement, guarantee or warranty by Auktia of any kind.

A5. Eligibility and Accounts

• You must be at least 18 years old, able to form a binding contract, and not barred from using the Service under applicable law or by Auktia.
• One person, one account. Each account has its own paddle number. You may not share an account, transfer it, or open or use another account to avoid a limit, block, suspension or obligation. Each member of House Personnel must use his or her own account.
• You sign in with a one-time code or link sent to your email, with Google, or with a password you set. You are responsible for safeguarding your email account, Google account and password, and you are responsible for all activity on your account, whether or not authorized by you, until you notify Auktia at auktiasupport@gmail.com that your account has been compromised.
• You must provide accurate, current and complete information (including your name, shipping address and telephone number) and keep it current. Houses rely on this information to invoice and deliver.
• Auktia may, at any time and in its sole discretion, refuse to open an account, limit what an account may do, or require information to verify your identity, payment method, business or authority before you may bid, sell or continue to use the Service.
• Your paddle number appears in public bid histories. Auktia does not show other Bidders your name or contact details.

A6. New, Beta and Demonstration Features

Each new House must be approved by Auktia before it may publish a Sale. Auktia may add, change or withdraw features without notice, and may label features as new, beta or experimental; those features are provided “as is” without any warranty or commitment. Auktia may show demonstration Sales from sample Houses. Nothing in a demonstration Sale is for sale, and a bid in a demonstration Sale forms no contract.

A7. Communications

• Service messages. Auktia sends sign-in codes and links, invoices and messages from Houses, and messages about your bidding, purchases, Sales and account by email and through the Service. These are necessary to provide the Service, and you may not opt out of them while you have an account.
• Device alerts. If you enable them, Auktia sends notifications to your browser or device when you are outbid and before Lots you watch close. You may disable them in Settings or in your browser at any time.
• Text messages. Auktia sends text messages only if you opt in, as described in Text alerts below.
• Marketing. Auktia may email Houses and prospective Houses about the Service. Each such email includes an unsubscribe link, which Auktia honors.
• Houses you follow. If you follow a House, including because it invited you and you then joined Auktia with the invited email address, Auktia emails you when that House publishes a Sale. Each such email includes an unsubscribe link, which Auktia honors, and you may unfollow a House at any time.
• Invitations from Houses. A House may give Auktia its own customers’ email addresses so that Auktia can invite them to the House’s Sales in the House’s name, as described in Section C7A. Each invitation includes a link to unsubscribe from that House’s invitations, or from every House’s, which Auktia honors.
• Alerts are a convenience, not a guarantee. Emails, notifications and texts may be delayed, filtered or not delivered. The Lot page is the official record of bidding, and your bids, obligations and deadlines are unaffected by whether any message reaches you. Auktia is not liable for any failure or delay in delivering any message.

Text alerts (Auktia Auction Alerts)

• What they are. Auktia Auction Alerts are automated text messages from Auktia’s toll-free number about your own bidding, and only these: the first time you’re outbid on a lot (once per lot, not every time), that a lot you bid on closes in about 3 minutes and you’re not the high bidder, and, when you win, what you owe the auction house, the day after the sale closes and once more with the final reminder, with a link to pay on auktia.com. We don’t send marketing by text.
• How you agree. Texts are off unless you turn them on. In Settings (or when Auktia asks once, after your first bid) you enter your mobile number and tick a box (never ticked for you) agreeing to receive them; we then text you to confirm. You must be the subscriber of that number, or allowed by the subscriber to use it, and it must be a US mobile number. If you give up the number, turn texts off first.
• How many. Message frequency varies with your bidding, up to 10 texts a day. Message and data rates may apply, as set by your mobile carrier.
• Stopping them. Reply STOP to any text (or STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) to cancel. You’ll get one text confirming it, and we won’t text you again unless you reply START or turn texts back on. You can also turn texts off in Settings at any time.
• Help. Reply HELP for help, or email auktiasupport@gmail.com.
• Consent is not a condition of purchase. You can register, bid, win and pay on Auktia without ever agreeing to texts.
• Carriers are not liable for delayed or undelivered messages. Texts can arrive late or not at all, so don’t rely on them alone: the lot page is the live record of the bidding, and your bids stand whether or not a text reaches you.
• How we use and protect your number is in the Privacy Policy. More about the program, with examples of the texts: auktia.com/texts.

A8. Prohibited Items and Conduct

Items. Lots must be lawful to sell, buy and ship. A House must not list:

• stolen goods; counterfeit, replica or unauthorized goods presented as genuine; or anything else that infringes any person’s intellectual property or other rights;
• recalled products, or any product whose sale is prohibited or restricted by the Consumer Product Safety Commission or other law;
• firearms, ammunition, regulated firearm parts or other weapons, except where the House holds every license the law requires and each transfer is made through a licensed dealer where the law requires;
• explosives, fireworks or hazardous materials that may not lawfully be sold or shipped in this manner;
• prescription drugs, controlled substances or drug paraphernalia; or alcohol, tobacco or vaping products except where licensed and lawful;
• parts of endangered or protected species without the documentation the law requires; or human remains;
• live animals, motor vehicles or real property, except where the law allows, the House holds every license required, and the House gives every disclosure and title document the law requires; or
• government identification, personal data, accounts or credentials, or anything else that federal, state or local law prohibits selling by auction or online.

Conduct. You must not: (a) scrape, crawl, copy or harvest the catalogue, bid data or any other part of the Service, or use it to train or supply any artificial intelligence system, except through features Auktia provides; (b) bid with bots, scripts or other automated means, or interfere with the clock, the bidding engine or the Service, or probe, scan or circumvent its security; (c) use more than one account to bid, or use any account to avoid a block, limit or suspension; (d) engage in shill bidding, collusion or any manipulation of prices or results; (e) harass, threaten, defraud or deceive any House, consignor, Bidder or Auktia personnel, or impersonate any person; (f) use any other person’s personal information except as the Terms permit; (g) upload malware, or copy, modify, decompile, reverse engineer, frame, resell or create derivative works of the Service; (h) use the Service to circumvent Fees or to arrange transactions off the Service for Lots listed on it; or (i) use the Service for any unlawful, fraudulent or harmful purpose. Auktia may remove any Lot or Content, and may cooperate with law enforcement and the owners of affected rights, at its sole discretion.

A9. Intellectual Property; Licenses; Feedback

• The Service, including its software, design, text, graphics, databases and compilations, and the Auktia name, logos and marks, are owned by Auktia or its licensors and are protected by law. Subject to the Terms, Auktia grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for its intended purpose. All rights not expressly granted are reserved.
• Your Content. You retain ownership of Content you upload. You grant Auktia a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, perpetual and irrevocable license to host, store, reproduce, display, perform, distribute, adapt (including by resizing, cropping, formatting, translating and summarizing), create derivative works of, and otherwise use your Content in connection with operating, improving, marketing and promoting the Service, on and off the Service, including after a Sale ends to show results, prices and history. Product information and photographs from Listings may be retained in Auktia’s product catalogue and made available to other Houses listing the same or similar products. You represent and warrant that you have all rights necessary to grant this license, and that your Content and Auktia’s use of it as permitted by the Terms do not infringe or violate any person’s rights or any law.
• Feedback. If you send Auktia ideas, suggestions or feedback, Auktia may use them for any purpose without restriction or obligation to you.
• Copyright complaints. If you believe Content on the Service infringes your copyright, send auktiasupport@gmail.com a notice identifying the copyrighted work, where the material appears on the Service, your contact information, a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your physical or electronic signature. Auktia removes infringing material and terminates the accounts of repeat infringers in appropriate circumstances.

A10. Privacy

Auktia’s collection, use and sharing of personal information is described in the Privacy Policy, which is part of the Terms. By using the Service you acknowledge that Houses receive Bidders’ personal information as described in the Privacy Policy and Section C7, and that each House is independently responsible for its own use of it.

A11. Third-Party Services and Information

The Service relies on and links to services operated by others, including the Payment Processor, Google, text-message and email providers, mobile carriers, shipping carriers, product-data sources and artificial-intelligence providers. Your use of a third-party service is governed by its own terms, and Auktia is not responsible for any third-party service, or for any act or omission of its provider. Product details, retail prices, stock photographs, identifications and text supplied by barcode or product lookups or generated by artificial-intelligence tools may be incomplete or wrong; they are provided without warranty, and the House is solely responsible for any Listing that uses them.

A12. Suspension, Termination and Survival

• You may stop using the Service at any time. To close your account, email auktiasupport@gmail.com from the address on your account. Closing an account does not cancel or affect bids already placed, Contracts of Sale already formed, amounts owed to any House, or Fees owed to Auktia.
• Auktia may suspend, restrict or terminate any account, House or Sale, remove any Lot or Content, void any bid, or cancel any result, at any time, with or without notice, if Auktia believes, in its sole discretion, that the Terms have been breached, fraud, abuse or risk to Auktia or others is involved, the law requires it, or continuing would expose Auktia to liability. Where appropriate, Auktia will tell you why, and you may ask Auktia to reconsider by email.
• Auktia may modify, suspend or discontinue the Service, or any feature, at any time. If Auktia discontinues the Service, it will give Houses reasonable notice where practicable.
• All provisions of the Terms that by their nature should survive termination survive it, including Sections A4, A9, A12, Part B (as to bids placed and Sales made), Part C (as to Sales conducted, Fees owed and Bidder data), and Parts D, E and F.

A13. Changes to the Terms

Auktia may amend the Terms at any time by posting the amended Terms on the Service with a new effective date. For material changes, Auktia will give notice by email or through the Service, which may include asking you to accept the amended Terms before you next bid or publish a Sale. Amended Terms take effect on the earlier of (a) the date you accept them, and (b) 30 days after notice, or on posting where a change is required by law or concerns a new feature. A bid is governed by the Terms in force when it was placed. If you continue to use the Service after amended Terms take effect, you accept them. If you do not agree, you must stop using the Service and close your account. Changes to Part E are subject to Section E8.

Part B. Bidder Terms

This Part applies whenever you register for a Sale, place a bid or buy a Lot, in addition to Parts A, D, E and F.

B1. Payment Card Verification; Bidding Limits

• A verified card before your first bid. Before you bid, you must add a valid payment card through the Payment Processor. You authorize Auktia and the Payment Processor to verify the card with your card issuer, which may include a temporary authorization that is released, and to store a token representing the card. Auktia does not charge the card for bidding, and nothing is held while you bid. While automatic payment is on, the card pays your invoices as described in Section B8; otherwise you pay each House as described there. Demonstration Sales do not require a card. A card added with test numbers while the Service was in testing does not qualify once the Service is live.
• New-account limit. Until your first invoice is paid, the total of your maximum bids on Lots you are leading plus the Hammer Prices of Lots you have won and not paid for may not exceed $2,500. Auktia may set, change or remove a limit for any account at its discretion. Once you have paid an invoice, the new-account limit no longer applies.
• Auktia may require additional verification, or limit or suspend bidding, for any account at any time.

B2. Registering for a Sale

• Each Sale is either open (any eligible account may bid) or by approval (you register and the House decides). Approval for one Sale does not carry over to another.
• A House may decline a registration, or block a paddle from one Sale or from all its Sales, in its discretion, provided it acts lawfully and not on the basis of any characteristic protected by law.
• When you register for or bid in a House’s Sale, that House receives your paddle number, name, email address and your bidding in its Sale, and, if you win, the information it needs to invoice and deliver, as described in the Privacy Policy.

B3. Bids Are Binding Offers

Each bid is an irrevocable offer to buy the Lot from the House at the Hammer Price you bid, plus the Buyer’s Premium, applicable tax and any shipping charge, on the Terms and the House Terms. You may not withdraw or retract a bid. If you are the high bidder when the Lot closes and any reserve has been met, you have bought the Lot and must pay for it. Bid only if you intend and are able to pay.

• Maximum bids. You may enter a maximum bid. Auktia’s system then bids on your behalf, one increment at a time, only as far as necessary to keep you in the lead and never above your maximum. If two maximum bids are equal, the earlier one prevails. Your maximum is confidential and is not shown to other Bidders or to the House. You may raise a maximum bid at any time but may not lower or cancel it.
• Increments. Bids are in U.S. dollars and must be at least the next bid shown on the Lot, according to Auktia’s increment table.
• Reserves. Each Lot shows No reserve, Reserve not met or Reserve met. The reserve amount is confidential. When a maximum bid reaches the reserve, the current bid rises to the reserve. A Lot that closes without bids, or below its reserve, is not sold.
• Closing times and soft close. Each Lot has its own closing time. A bid placed within the closing window the House sets for the Sale (usually two minutes) extends that Lot’s close to one full window after the bid, and again after each later bid, until bidding stops.
• Auktia’s server clock and records control. A bid is placed when Auktia’s servers receive and accept it, not when you send it. The countdown on your screen is only a display. Auktia’s records of bids, times, amounts and results are conclusive and binding, absent manifest error.
• Before a Lot has bids, the House may change its opening bid or closing time, or withdraw it. Once a Lot has bids, the House may extend but not shorten its time, and may not withdraw it through the Service. A House may add information, such as auctioneer’s notes, to a Lot at any time, and you are responsible for reviewing the Listing as it stands when you bid.
• No automated bidding: the maximum-bid feature is the only permitted means of automatic bidding.

B4. Errors, Outages and Voided Bids

• If you place a bid by obvious error, notify the House and auktiasupport@gmail.com immediately, before the Lot closes. Auktia may, but is not obligated to, void a bid made in clear error.
• Auktia may, in its sole discretion, void any bid, cancel any result, reopen, extend, pause or reschedule any Lot or Sale where it believes a bid or result arose from a technical fault, a catalogue or pricing error, fraud, shill bidding or collusion, a breach of the Terms, or a legal requirement. The House may then relist the Lot.
• Bidding depends on networks, devices and services Auktia does not control. Auktia does not guarantee that any bid, or any maximum bid, will be received or accepted before a Lot closes, or that the Service will be available, timely or error-free. You bid accepting these risks, and Auktia is not liable for any bid that is not received, is received late, or is not placed, or for any resulting lost opportunity, price difference or other loss. For any Lot that matters to you, place a maximum bid well before it closes.

B5. No Shill Bidding or Collusion

No person who benefits when a House’s prices rise may bid in that House’s Sales, directly or through anyone else. This includes the House, its House Personnel, the consignor of a Lot, and their relatives, household members, agents and affiliates. A House may not bid on its own Lots, even with notice to Bidders. Bidders may not agree among themselves to suppress prices, refrain from bidding, or divide Lots afterwards. Shill bidding and collusion may also violate state and federal law.

Auktia automatically prevents a House’s own team, and accounts linked to it (by device, payment card or shipping address), from bidding in its Sales unless Auktia has reviewed and cleared the link, and flags for review bids from network addresses the House’s team also uses. No automated check detects every relationship; this Section applies whether or not Auktia’s checks detect a violation, and Auktia has no liability for any violation it does not detect. Auktia may void bids, cancel results, and suspend or terminate the accounts and Houses involved. If you believe you were blocked in error, write to auktiasupport@gmail.com for review.

B6. Winning a Lot; Contract of Sale; Title

• When a Lot closes with you as the high bidder and any reserve met, a Contract of Sale is formed between you and the House (or the consignor for which the House sells). Auktia is not a party to it.
• Lots you win appear on My paddle, and the House invoices you for them through the Service.
• Title passes to you from the House when the House has been paid in full. Until then the House may retain the Lot. Risk of loss passes as stated in Section B11.
• A House must honor its results and may cancel a Contract of Sale only if the Lot is unavailable or materially misdescribed, the law requires, or you breach the Terms or the House Terms. If the House cancels after you have paid for the Lot, the House must refund what you paid for it. Auktia is not responsible for any House’s failure to deliver or refund.

B7. The All-In Price; Buyer’s Premium; Taxes

• Prices on the Service are shown all in: the Hammer Price, plus the Buyer’s Premium the House sets for the Sale, plus sales tax at the rate the House sets for the Sale (calculated on the Hammer Price and the Buyer’s Premium), plus shipping where the Lot shows a shipping price. The Hammer Price is always shown, and you may switch the all-in display off.
• Each Sale states how Lots leave it. Pickup-only Lots carry no shipping charge. Lots that ship at a listed price include it in the All-In Price. In a Sale that ships with shipping charged after the Sale, Lots say so before you bid, and the House adds one shipping amount for everything you won in that Sale to your invoice after packing; you will see it before you pay, and you agree to pay a reasonable shipping charge so determined.
• Your invoice is calculated from the same figures shown when you bid. The only other changes are after-sale shipping and the correction of a clear error.
• Auktia charges Bidders no fees. Auktia’s Fees are paid by Houses and are not added to your invoice.
• The House is responsible for charging, collecting and remitting sales tax on its Sales. If you claim an exemption, arrange it with the House before paying; the House decides whether to accept your certificate. If any law requires Auktia to collect or remit tax on a Sale, Auktia may calculate and collect it as that law requires. You are responsible for any use tax, duties or other taxes that apply to you.

B8. Payment

• You receive one invoice per Sale for all Lots you won in it, on My paddle and, at the House’s option, by email sent through Auktia.
• Payment is due when the Sale closes (after its last Lot closes) and must be made by the deadline in the House Terms, or, if the House sets none, within seven days after the Sale closes.
• Paying through the Service. Where the House accepts payments on the Service, you pay by card, or by bank transfer (ACH) where offered, through the Payment Processor’s checkout. Payment is made directly to the House’s own Payment Processor account; the House is the merchant of record, and its name appears on your statement. Auktia does not receive or hold your payment and never sees your full card number. Your issuer may require additional authentication. A bank payment takes several business days to clear, and if it is returned, the invoice becomes unpaid again.
• Automatic payment. When you add a card on or after October 20, 2026, automatic payment is on; you may turn it on or off at any time in Settings. While it is on, you authorize Auktia, on behalf of the House, to charge your card on file through the Payment Processor for the full amount of each invoice payable through the Service (the winning bids, buyer’s fees, taxes and any shipping), once the Sale has closed and the invoice is final, for Sales that close after you turned it on. Each charge is a payment through the Service as described above, made to the House’s own Payment Processor account. If a charge is declined or not completed, the invoice remains due and you pay it as described above. A House may choose not to use automatic payment for its Sales.
• Paying the House directly. Where the House accepts payment another way (cash, check, wire or its own processor), follow the House’s instructions. The House marks your invoice paid when it receives payment. Payments made outside the Service are solely between you and the House.
• If you pay the same invoice twice through the Service, the duplicate payment is refunded automatically.
• Pay only through the Service’s checkout or the methods the House lists for the Sale. Auktia will never ask you to pay by gift card or into a personal account. If anyone does, do not pay, and notify Auktia.

B9. Non-Payment

Failure to pay when due is a breach of your Contract of Sale and of the Terms. If you fail to pay: (a) the House may cancel the Contract of Sale, relist or resell the Lot, block you from its Sales, and pursue you for its losses, including any shortfall on resale and its costs of collection, as the House Terms and the law allow; and (b) Auktia may restrict, suspend or terminate your account and refuse you access to the Service.

Bidding pause for non-payment. Your account records an unpaid win, and you may not bid anywhere on the Service until the invoice is paid or the House marks it paid, if either (i) an invoice payable through the Service remains unpaid 14 days after its first payment reminder was due, or (ii) a House that collects payment itself reports an invoice unpaid, no earlier than 3 days after the Sale closed. Neither applies while the House has agreed to accept payment later (for example, at pickup) or once nothing is owed. A House may withdraw a report it made. The pause also applies to other accounts that use the same payment card. Unpaid wins remain on your account’s record, and Auktia may take them into account. Auktia may rely on Houses’ records of payment. An invoice remains due even if your account is suspended or closed.

B10. Refunds, Disputes and Chargebacks

• Refunds are the House’s responsibility, under the House Terms and the law, for example where the House cancels a Contract of Sale or a Lot is materially misdescribed. A refund of a payment made through the Service is returned to your original payment method from the House’s Payment Processor account.
• Auktia does not hold your payment and does not refund on behalf of any House, except for duplicate payments.
• You must contact the House first, and Auktia if you need assistance, before disputing a charge with your card issuer or bank. A chargeback or payment reversal on a valid invoice (for a Lot you received or chose not to collect) is a breach of the Terms: the House may pursue what you owe, and Auktia may suspend or terminate your account.

B11. Pickup, Shipping, Removal and Risk of Loss

• Pickup. The Sale page states pickup times, the pickup address and the date by which Lots must be removed. You are solely responsible for collecting your Lots within those times and for loading, removal and safe transport, including bringing the help and equipment you need. The House may require proof of payment and identity before releasing a Lot. You enter the House’s premises at your own risk and subject to the House’s rules.
• Abandonment. If you do not remove a Lot by the removal date, the House may charge storage and may treat the Lot as abandoned and resell or dispose of it, as the House Terms and the law allow, and you remain liable for the invoice.
• Shipping. For Lots that ship, you provide the shipping address on My paddle and are responsible for its accuracy and for any cost caused by an incorrect address. The House packs and ships and adds tracking information. If a parcel arrives damaged, keep the packaging and notify the House and the carrier promptly.
• Risk of loss. Unless the House Terms provide otherwise, risk of loss passes to you when the Lot is handed to you or anyone collecting for you, when the House delivers it to the carrier for shipment, or on the removal date if it has not been collected, whichever occurs first.
• You are responsible for obtaining any license, permit or registration required to buy, receive, own, use or transport a Lot where you are.

B12. Condition and Descriptions; Lots Sold As Is

• LOTS ARE SOLD “AS IS, WHERE IS,” WITH ALL FAULTS. Many Lots are used, returned, surplus, damaged or salvage goods. Unless the House Terms or non-waivable law give you a warranty, neither the House nor Auktia makes any representation or warranty about any Lot’s condition, completeness, quality, fitness for a particular purpose, merchantability, authenticity, provenance, age, origin, safety or value.
• Listings are the House’s. Titles, descriptions, photographs, condition grades and notes, auctioneer’s notes, measurements and estimates come from the House, as do product details filled in from barcode or product lookups, stock photographs and text drafted with artificial-intelligence tools, which the House is responsible for checking. A stock photograph shows the product, not necessarily the unit offered. Where the auctioneer’s notes differ from the rest of a Listing, the auctioneer’s notes control. Estimates are opinions only.
• You bid on your own judgment. Where the Sale offers preview or inspection, you are responsible for using it, and for asking the House any questions before you bid.
• Material misdescription. If a Lot is materially different from its Listing (for example, the wrong item, an undisclosed major defect or missing part, or a counterfeit described as genuine), notify the House and auktiasupport@gmail.com within seven days after you collect it or it is delivered, with photographs. The House will address it in good faith under the House Terms and the law, which may include a return and refund. The remedy is solely the House’s; Auktia may assist but has no obligation or liability to provide any remedy.
• The following are not grounds for return: a change of mind; anything disclosed in the Listing; minor differences in color or size from a stock photograph; and ordinary wear on used goods.

Part D. Disclaimers, Limitation of Liability, Release and Indemnification

D1. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND ALL CONTENT, LISTINGS, TOOLS, DATA AND INFORMATION ON OR THROUGH IT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. AUKTIA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. AUKTIA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT ANY BID, MESSAGE OR PAYMENT WILL BE RECEIVED, PROCESSED OR DELIVERED; THAT ANY DEFECT WILL BE CORRECTED; OR THAT ANY LOT IS AS DESCRIBED, GENUINE, SAFE, LAWFUL, OR WILL BE DELIVERED. AUKTIA MAKES NO WARRANTY ABOUT ANY LOT, AND ANY WARRANTY ABOUT A LOT IS GIVEN, IF AT ALL, SOLELY BY THE HOUSE.

D2. No Responsibility for Users, Lots or Sales

Auktia is not responsible or liable for any act or omission of any House, Bidder, consignor, carrier or other third party, including any misdescription, non-delivery, non-payment, cancellation, defect, injury, infringement, tax or regulatory violation, or any other conduct in connection with any Lot or Sale. Any dispute about a Lot or Sale is solely between the Bidder and the House.

D3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL AUKTIA OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “AUKTIA PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL OR DATA, OR ANY COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THE TERMS, THE SERVICE, ANY BID, LOT OR SALE, OR ANY USER’S CONDUCT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL AGGREGATE LIABILITY OF THE AUKTIA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (1) THE FEES YOU PAID TO AUKTIA IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, AND (2) ONE HUNDRED U.S. DOLLARS (US$100).

These limitations apply even if a remedy fails of its essential purpose, and are an essential basis of the bargain between you and Auktia; Auktia would not provide the Service without them. They do not limit liability that cannot be limited under applicable law.

D4. Release

Disputes between Users, including between Bidders and Houses, are solely between them. To the fullest extent permitted by law, you release and forever discharge the Auktia Parties from all claims, demands, losses and damages of every kind, known or unknown, arising out of or relating to any dispute with any other User or third party, or any Lot or Sale. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” and any similar law of any other jurisdiction.

D5. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Auktia Parties from and against all claims, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, taxes, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to: (a) your breach of the Terms; (b) your use of the Service; (c) your bids, purchases, Listings, Lots, Sales or Content; (d) your violation of any law or of any person’s rights; and (e) any dispute between you and any other User or third party.

Each House additionally will defend, indemnify and hold harmless the Auktia Parties from and against all of the foregoing arising out of or relating to: its Lots (including any claim of personal injury, death, property damage, product defect or recall, counterfeiting, infringement or defective title); its Listings, whether or not generated with Auktia’s tools; its Sales, House Terms, premises, pickups, shipping, refunds and chargebacks; its consignors; the customer lists it uploads and the invitations sent at its request; its taxes; its licensing and regulatory compliance; its use of Bidder data; and the acts and omissions of its House Personnel.

Auktia may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you will cooperate in it. You may not settle any matter that affects any Auktia Party without Auktia’s prior written consent.

D6. Rights That Cannot Be Waived

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, the exclusions and limitations in this Part apply to the fullest extent permitted by law. Nothing in the Terms limits any right you have under consumer protection law that cannot be waived or limited by contract.

Part E. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS PART CAREFULLY. IT REQUIRES YOU AND AUKTIA TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS.

E1. Informal Resolution First

Before starting an arbitration or court proceeding, the party bringing a claim must send the other a written notice stating the claimant’s name and account email, a description of the dispute and the relief sought. Notices to Auktia go to the address in Section F11 and to auktiasupport@gmail.com; Auktia will send notices to your account email. The parties will try in good faith to resolve the dispute within 30 days after the notice is received, which may include a telephone or video conference. Limitations periods are tolled during that 30-day period. Compliance with this Section is a condition to starting arbitration.

E2. Agreement to Arbitrate

Except as provided in Section E4, you and Auktia agree that any dispute, claim or controversy arising out of or relating to the Terms, the Service, any bid, Lot or Sale, or the relationship between you and Auktia, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after you accepted the Terms (a “Dispute”), will be resolved exclusively by final and binding individual arbitration, and not in court. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court decides disputes about Sections E5 and E6. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

E3. Rules, Location and Fees

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules if you use the Service as an individual for personal purposes, or its Commercial Arbitration Rules if you use it for a business (including as a House), as modified by this Part. A single arbitrator will decide the Dispute. Hearings may be conducted by video or telephone; any in-person hearing will take place in the county where you reside (for individual consumers) or in Harris County, Texas (for business Users). For claims governed by the Consumer Arbitration Rules, Auktia will pay the filing, administration and arbitrator fees that exceed what you would pay to file in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. For other claims, fees are allocated under the AAA’s rules. The arbitrator may award any individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

E4. Exceptions

• Either party may bring an individual action in small-claims court if it qualifies and remains there.
• Either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual property rights, or misuse of the Service (including scraping and attacks on its security).
• Auktia may bring an action in court to collect unpaid Fees or other amounts owed by a House.
• This Part does not govern disputes between Bidders and Houses, which are between them under the House Terms and applicable law.

E5. Class Action and Jury Trial Waiver

YOU AND AUKTIA MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding. If a court finds this waiver unenforceable as to any claim, that claim alone will be severed and decided in court after the individual arbitration of all other claims is complete. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND AUKTIA EACH WAIVE THE RIGHT TO A JURY TRIAL.

E6. Mass Arbitration

If 25 or more similar demands for arbitration against Auktia are filed by or with the assistance of the same law firm, group of law firms or organization within any 90-day period, the AAA will administer them in batches of up to 50 demands each, each batch before a single arbitrator, under the AAA’s procedures for mass arbitrations, and limitations periods for demands awaiting administration are tolled.

E7. Right to Opt Out

You may opt out of this arbitration agreement within 30 days after you first accept the Terms (or any earlier version containing an arbitration agreement) by emailing auktiasupport@gmail.com or writing to the address in Section F11 with your name, your account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of the Terms.

E8. Changes to This Part

If Auktia changes this Part, the change will not apply to any Dispute of which you notified Auktia before the change took effect, and you may reject the change by notifying Auktia within 30 days after it takes effect, in which case the version of this Part you last accepted continues to apply.

E9. Governing Law; Venue; Time Limit

The Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, as to this Part, by the Federal Arbitration Act. Any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Harris County, Texas, and you and Auktia consent to their personal jurisdiction and venue. To the fullest extent permitted by law, any claim arising out of or relating to the Terms or the Service must be brought within one (1) year after it arose, or it is permanently barred.

E10. Severability of This Part

If any provision of this Part (other than Section E5) is found unenforceable, it will be severed and the rest of this Part will remain in effect. If Section E5 is found unenforceable in its entirety, this Part (other than this sentence and Section E9) will not apply to any class or representative claim.

Part F. General Provisions

• F1. Entire agreement; order of precedence. The Terms, the House Terms for a Sale (as between a Bidder and a House) and any written agreement signed by Auktia and a House are the entire agreement concerning the Service and supersede all prior agreements and understandings. If there is a conflict, the Terms control over House Terms; a written agreement signed by Auktia controls over the Terms only where it expressly says so, and only for the House that signed it.
• F2. Assignment. You may not assign or transfer the Terms or any right or obligation under them, by operation of law or otherwise, without Auktia’s prior written consent; any attempt to do so is void. Auktia may assign the Terms without restriction, including in connection with a merger, acquisition, reorganization or sale of assets.
• F3. Severability; no waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Auktia’s failure to enforce any provision is not a waiver of it.
• F4. Force majeure. Auktia is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility, power, internet or telecommunications failures, cyberattacks, and failures of hosting, payment, messaging or other third-party providers.
• F5. Relationship; third-party beneficiaries. You and Auktia are independent contractors. Nothing in the Terms creates any partnership, joint venture, agency, franchise, fiduciary or employment relationship. There are no third-party beneficiaries of the Terms, except that the Auktia Parties are intended beneficiaries of Part D.
• F6. Notices. Auktia may give notice by email to the address on your account, through the Service, or by mail, and notice is effective when sent or posted. You must give notice to Auktia as stated in Section F11.
• F7. Collection costs and interest. Amounts owed to Auktia that are not paid when due bear interest at the lesser of 1.5% per month and the maximum rate permitted by law, from the due date until paid. You will reimburse Auktia for all reasonable costs of collecting amounts you owe, including attorneys’ fees, court costs and collection-agency fees.
• F8. Export and sanctions. The Service is operated from the United States and intended for use there. You represent that you are not located in, or a resident or national of, any country subject to comprehensive U.S. sanctions, and are not on any U.S. government list of prohibited or restricted parties, and you will comply with all applicable export and sanctions laws.
• F9. Interpretation. Headings are for convenience only. “Including” means “including without limitation.” The word “or” is not exclusive. The Terms will not be construed against the drafter. Summaries and help pages are for convenience and do not modify the Terms.
• F10. Survival. Provisions that by their nature should survive termination survive it, as stated in Section A12.

F11. Contact

Notices, questions about the Terms and arbitration opt-outs should be sent to:

Email: auktiasupport@gmail.com