GON Auctions Rules & Conditions
GON Auctions features merchandise and services from third-party businesses. Using auction-style bidding, bids are placed on items, and the highest bidder is charged on a credit card and receives the item through GON.
GON Auctions is a service provided by GON, Inc. By participating in a GON Auction, you acknowledge that you have read, understand and accept these rules.
GON Auctions provides the auction-style format as a venue for individuals, manufacturers, retailers, service providers and others, hereinafter known as “Sellers,” to advertise and promote items and/or services for you to bid on, and for users to have the chance, through absolute auctions, to make purchases.
The goods and services offered through the online auction are provided by the participating Sellers on an “as is” basis. GON makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods and services offered through the online auction, including without limitation:
- implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
- any implied warranty arising from course of dealing or usage of trade;
- any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of GON Auctions or manufacturers or service providers.
All items in the online auction are brand new, unless otherwise indicated, and come with applicable warranties. GON Auctions is not the manufacturer or service of the items and assumes no responsibility for the items in any respect. The respective Seller of each item is solely responsible for descriptions in the online auction and the condition, estimates, authenticity, title, representations as to price, and all other matters relating to the offer and sale of the items.
The online auction is open to any registered user of gon.com who has reached the age of 18. Employees of GON are not eligible to participate. Employees of participating businesses may bid, but not on items that are provided by their respective businesses.
You are prohibited from using any method, mechanism, device or software to affect the proper functioning of the online auction and website. GON Auctions may, at its sole discretion and without notice, terminate the right of any user of gon.com to participate in the online auction or to use the website.
All content on this website is the property of the GON or the Seller. GON grants a limited license to each user of the website to make personal use only of the website itself. Any other use, including reproduction, modification, distribution, transmission or display of the content on the website is strictly prohibited.
The online auction is governed by and construed in accordance with the laws of the state or province and country in which GON resides. You agree to comply with all applicable laws, statutes and regulations regarding participation in the online auction and use of the website.
Starting and ending time is determined by the website clock. Bids will be accepted during this time period only, provided no bids are submitted within 1 minute of auction end. To prevent “sniping,” the auction will extend each time a new bid is received after 60 seconds before auction close.
GON reserves the right, at its sole discretion and without notice, to extend, terminate or modify the online auction.
Bids may be placed online between the online auction start date and time and the online auction end date and time.
The GON Absolute Auction operates under a proxy bidding functionality. Under proxy bidding, a user may submit the maximum amount they are willing to bid for an item. Your Proxy Bid and is known only by you. You should be sure of your Proxy Bid prior to submission. The Proxy Bid that you submit may not necessarily be the price you pay if you are the successful bidder – you may pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price (plus any taxes and applicable shipping fees) if it is the final highest bid.
If your Proxy Bid is the first bid on an item, it must be at least as much as the $1 starting bid for GON Auction items. If previous bids have been placed on an item, then your Proxy Bid must exceed the current leading bid on that item by at least the minimum $1 bid increment.
If another bidder places a Proxy Bid on an item for which you have placed a bid, and your Proxy Bid on that item is higher than the other bidder’s Proxy Bid, the auction will automatically place a bid on your behalf that is $1 more than the current leading bid, to ensure you remain the leading bidder. The auction will continue bidding in this fashion until one of three things happens:
- No other bids are higher than yours,
- Your Proxy Bid maximum is reached, or
- You are declared the highest bidder at the end of the online auction.
It is your responsibility to monitor the outcome and status of your bids on the online auction website and, in the event that you are outbid by another bidder with a higher Proxy Bid, determine whether to continue bidding on an item. If another bidder with a higher Proxy Bid outbids you, you must submit a new bid in order to continue your bidding on that item.
If your Proxy Bid is exactly the same as another bidder’s previously placed Proxy Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
In the event of a dispute between bidders or between bidders and GON Auctions, or in the event of doubt or dispute as to the validity of any bid, GON Auctions will have the sole discretion to determine the successful bidder. All decisions by GON Auctions are final and binding.
GON is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder’s ability to participate in the online auction. Proof of sending will not be proof of receipt by GON Auctions. GON is not responsible for any online, long distance telephone, or other charges you may incur in connection with participating in the online auction.
During and after the online auction for an item, you may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These emails are for informational purposes only. Their transmission or omission do not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the online auction system, as represented on the GON Auctions website, constitutes the true bid record, as used by the GON Auctions, to determine the winning bidder at the close of an absolute online auction.
At the close of the online auction, GON Auctions will determine the winning bidder (the buyer) for each item and will contact that bidder by email and/or phone to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three business days of notification being initiated by GON Auctions. If a buyer cannot be contacted, or if payment is not received in full, within three business days of contact attempt first being initiated, GON Auctions reserves the right to disqualify that buyer and deem the next highest bidder on the item to be the buyer. As the new buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within two business days of notification being initiated by GON Auctions. If a buyer cannot be contacted, or if payment is not received in full, within two business days of contact first being initiated, GON Auctions reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.
The total purchase price of an item for each winning bidder is defined as the leading bid for the item at the close of the online auction, for each winning bidder, plus any taxes and shipping fees. In the event that a bidder is disqualified and the item offered to the next highest bidder, the total purchase price shall be the next highest bidder’s bid, plus any applicable taxes and shipping fees required by law to be collected and remitted.
For most items, the buyer shall pay the total purchase price to GON. Specific payment instructions for each item won may be provided in winning bidder email notices.
Once full payment of the total purchase price has been made on the item, the buyer will receive the item. Unless specified in the item description, all items will be delivered. For some items, pick-up arrangements must be made with GON. Delivery may incur additional charges above and beyond the total purchase price, to be specified on each auction item’s description page. All sales are final.
If the buyer fails to comply with these rules, including the obligation to make full payment of the total purchase price, plus applicable taxes and shipping fees, within the time limits and terms set out herein, in addition to other remedies available to GON and the seller, you not only will remain obligated for your leading bid amount, you also will be responsible for an additional 20 percent of the leading bid amount, and you will be obligated to pay all attorney’s fees and costs incurred to enforce payment of these amounts. GON may also cancel the sale and re-offer the item or sell it privately and hold the buyer liable for any costs or losses associated therewith.
As stated in these rules, all sales are final. However, in the rare event that an item you won and paid for was not fairly represented on the website, a refund will be considered. To be eligible for a refund, you must submit your request within forty-eight (48) hours of completing payment and receiving your item. Please see the Contact Us page for contact information to which you must submit your request. We’ll notify you via e-mail of the status of your refund once we’ve received, reviewed and processed your request. You can expect a refund in the same form of payment as originally used to make payment, within 7 to 14 business days of our receiving and approving your request.
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