Our Terms and Conditions "The Rules"
musiccityestatesales.com also known in these rules as MCEM and its related sites, services, applications, domain names, and tools (collectively, the “Site”) are owned and operated by Music City Estate & Moving. These terms and conditions govern your use and access of the Site and the Services, your purchase of goods on the Site, and your conduct on the Site.
1. Eligibility to Use the Site and the Services
While using the Site and/or the Services, you agree that you will not:
• Use the Site or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
• Use the Services if you have been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site;
• Manipulate the price of any item without the intent to purchase;
• Circumvent or manipulate our fee structure, the billing process, any fees owed to MCEA, or any technical measures we use to provide the Services;
• Fail to deliver payment for items purchased by you and associated fees or shipping costs;
• Transfer or share your account and bidder number with another party without our consent;
• Create accounts that misrepresent your identity or use the personal information of others;
• Use any automated means to access the Services;
• Access data not intended for you or log into a server or account which you are not authorized to access;
• Use the Site in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Site or that could damage, disable or impair the functionality of the Site;
• Conduct fraudulent activities; or
• Bid on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old.
Item Descriptions - All items are sold “as is” and you are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, Items may require touch-up or repairs prior to use. Available information about these items may be limited. MCEM will not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.) MCEM does its best to list the fault within the description. MCEA will provide descriptions based on its assessment of an item. However, you should not assume that our assessment of condition will be the same as your assessment. It is your responsibility to read and review all descriptions and images of an item before bidding, and you acknowledge that in posting such descriptions, MCEM relies on information provided by the seller. No warrant is issued with any item(s).
Extension and Close of Internet Bidding - At the scheduled date and online sale closing period of a sale, items will begin to close at a predetermined number of items per minute. All online sales may be subject to our automatic extension system defined as follows: if an item receives a bid with less than five (5) minutes remaining until closing, the close time will be reset to five (5) minutes from the time the bid is placed and will continue to reset to five (5) minutes with each newly placed bid. The item will not close until five (5) minutes have elapsed with no additional bid activity.
Sales Format – All bids must be placed through the Site. Absentee bidding is not allowed. However, most items will have a Buy Me Now Option, that you can purchase a item same day at the original asking price. Unless otherwise explicitly stated in the auction or item description, all sales are conducted without reserve by the seller. Unless otherwise explicitly stated by MCEM in writing, the auction of personal property through the Service is conducted according to the following guidelines: (1) the property is sold to the highest bidder without reserve; (2) most auctions does not require a minimum bid; (3) the auction does not require competing bids of any type by the seller or an agent of the seller; and (4) the seller of the property cannot withdraw the property from auction after the auction is opened and there is public solicitation for bids; provided, however, that MCEM reserves the right to withdraw any item from the Site or to amend any content on the Site at any time in its sole discretion. MCEM will not be liable to you or any third party if we withdraw an item, amend any content on the Site or deny you access to the Site or the Services.
Buyer’s Contract - Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to MCEM. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items.
Placing a Bid – You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services and participate in the online auction), All bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time prior to the close of the auction. You expressly agree that, due to the irrevocable nature of the bids, any cancellation or correction of a bid by MCEM may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item and agree to any additional handling and shipping fees applicable for shipped items. It is your responsibility to understand the pickup and delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional.
Minimum and Maximum Bids – When submitting a bid, you must raise the bid by a minimum established increment. Bid increments can be found on the auction. You may elect to raise the bid by more than the required minimum by entering a higher bid in the “Your Minimum Bid” box. If you enter a higher minimum bid and your bid is the winning bid, you agree to be bound to your bid amount, regardless of any other previous bids. You may also elect to enter a proxy bid in the “Your Maximum Bid” box. If you enter a maximum bid, the system will automatically raise your bid by the specified increments if you are subsequently outbid, up to your designated maximum bid amount (“Maximum Bid”). Maximum Bids are not disclosed. Maximum and/or Minimum Bids do not include any taxes, shipping or handling fees.
Bidding Notices – For your convenience, MCEM provides certain e-mail, push and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. To confirm the status of your current bids, visit the website or call when the auction ends (615) 636-0420. You expressly agree that the display of the highest bid and the status of your current bid on the Site at the close of the auction are both accepted means of acceptance of your bid by the seller. The bid history reflected on the our system supersedes any e-mail, push or SMS communication in dispute resolutions.
Bidding Instructions – For additional information and a step by step walkthrough of the bidding process contact us via phone and/or email.
Shill Bidding – You represent and warrant that you will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the seller. You will be held liable for any damages.
Payment Forms Accepted - If you have placed the winning bid on an item that is eligible for in person pickup, you can pay for your purchases during the designated removal and payment times listed on the “Sale Details” section or the “Item” pages with cash, You can prepay using a credit card. You must present a state issued ID for pickup. Winning bidders with questions of how to make payment should submit a question using our contact form and/or call/text us. If you do not elect a fulfillment method and you do not pick the item up during the scheduled pickup time outlined on the “Sale Details” section or “Item” pages, MCEM reserves the right to charge your payment method on file for the total purchase price of the item plus any applicable handling and shipping charges, and may ship the item to your address of record. You hereby expressly grant MCEM the right to hold a winning item until confirmation of cleared funds has been received by MCEM.
Sales Tax – All sales are subject to appropriate state sales and use tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon acceptance and validation of such information by MCEM, your future purchases will not be taxed, provided that you are still eligible for tax exemption. You may be required to update certificates on file periodically as deemed necessary by MCEM. If you are tax except you are still required to pay 5% of your total sale for credit card services.
Failure to Pay – Any items not paid for in accordance with the MCEM Terms and Conditions within seven (3) days of the sale closing (or upon a later applicable payment due date as may be provided herein) will be forfeited by you and MCEM may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of MCEM’s choosing. MCEM reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by MCEM in collecting your payment.
Should you place the final winning bid on an item, an invoice will be emailed to you.
Pickup Option – Certain sales and items may have a designated pickup time and location. Before bidding, confirm whether you can pick up your item at the designated time and location. You must provide your own tools, labor and transportation to facilitate safe removal of your item(s) or plan for us to deliver for a set delivery charge. Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s).
Failure to Pickup – You have 5 days from the ending of the auction to pay and pick up your item(s) or they become property of MCEM to do with as we please.
All items on the Site are sold "as is" we do not accept returns.
Last Updated on November 27, 2016
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