NYMES, Fine Art and Furnishings Auction, Warrensville Heights, OH

NYMES LLC/ RUST BELT REVIVAL ONLINE AUCTION TERMS
By submitting a bid on any Rust Belt Revival sale, you (the bidder) agree to all terms listed below in addition to any additional terms per individual sale.

Bidder Registration: All bidders are required to provide a valid credit card upon registration. If a bidder does not show up for a pick-up during the designated time or make arrangements before the end of the pick-up window, the card on file will be charged the total invoice amount, as well as any associated fees. By bidding with us, you agree that we may charge your credit card if necessary. Unpaid invoices will be charged. NYMES LLC agrees not to share or sell any of the bidder's private information.

Buyer's Contract: A bid is a legally binding contract. Buyers are responsible for honoring their purchases, and payment is expected in full before leaving the premises with their items. Items are sold "as-is"; returns after agreed receipt will not be accepted.

Auction Closing Schedule: Unless otherwise noted, each online auction closes two (2) items per minute, unless a bid is made within the two (2) minutes, then the listed item will automatically be extended for an additional two (2) minutes.

Bid Increments: Bid increments are as follows $1.00 increments Up to $25.00, $5.00 increments up to $100.00, $10.00 increments up to $250.00, $25.00 increments up to $500.00, $50.00 increments up to $1000.00, $100.00 up to 5,000, and $250.00 up to $10,000.00.

Payment: We take Cash, debit, and credit Cards unless otherwise noted on the sale information page. We do not take personal or business checks. We will add a 10% buyer's premium to each invoice & a 3% additional fee for card processing when paying with a debit or credit card. There will be a $5.00 minimum credit card fee assessed for all invoices under $5.00. There will be an additional administration fee of $1.50 added for invoices collected through NYMES, along with disposal fees applied as needed. The Bidder acknowledges and agrees that any unpaid invoices will be collected immediately after the close of pick-up using the registered bidder's Credit Card on file. Bidders with fraudulent credit card chargebacks will lose immediate bidding privileges and may be subject to collections and credit reporting.

Merchandise Pick-up: The pick-up location will be posted on the winning bidder's invoice, along with the prescribed pick-up time. If you cannot make the pick-up time, please do not bid; there will be no alternative pickups offered. No merchandise will be removed from a location or transferred to another location unless paid in full. Failure to Pick-Up or Pay for Merchandise: If a buyer fails to contact the Auction Manager or fails to show up to pick up their items, they will immediately have their credit card on file charged and may lose bidding privileges. Bidding privileges will only be reinstated when the buyer pays all invoices in full, whether or not the merchandise is still available to the buyer. Items not picked up from our office location after ten (10) days from pick-up are considered abandoned and will be returned to stock. The bidder may be subject to a 10% restocking fee. A $10.00 disposal fee may be added to the invoice total, or $20.00 for general furniture disposal and a $50.00 disposal fee for larger items, including but not limited to bookcases, Sofas, Sectionals, Appliances, Musical Instruments, and Buy-Out Lots. Fees charged will be at the sole discretion of the auction manager. NYMES is not responsible for invoiced items left behind after pick-up by a bidder, and said items will not be transferred to an alternate pick-up. It is the sole responsibility of the bidder to remove all of their paid, purchased, and invoiced items.

Shipping: Some items are shippable. Please refer to the sale-specific shipping terms within each online auction. The buyer is responsible for all shipping and handling costs, and the credit card on file will be charged. Items shipped are not refundable if they are received damaged. The buyer is responsible for filing and processing any claims with the provided shippers. NYMES is not responsible for any damage that might occur during shipping once the package leaves NYMES' offices. Once the item is in the bidder's physical possession, it may not be returned for any reason.

Transfer of Merchandise: If a seller agrees to transfer an item for an alternative pick-up, it is the responsibility of the buyer to arrange pick-up within ten (10) business days. After ten (10) business days, the items will be considered abandoned and forfeited and become the property of the seller. A minimal fee of $10.00 or more, depending on the size of the item, at the discretion of the auction manager, will be charged for all transfers, with no exceptions.

Inspection of Merchandise: Please inspect your items closely before leaving the property. Once you have left the property, the items are yours; returned items are not accepted. Conditions are written for general reference and interpretation. Please consider this when purchasing your estate items. Most are in used condition and will show general signs of wear. If you need additional information about an item or would like to see the piece, please contact the Auction Manager listed for that particular sale.

Untested Merchandise: We cannot test all items, therefore, items sold as "Untested" are sold AS-IS with no warranties expressed or implied.

Use of Site: NYMES LLC/ Rust Belt Revival and its Associate Sellers cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, and does not guarantee continuous, uninterrupted, or error-free service or use of the Site. Bidder acknowledges that all photos and descriptions are the sole property of NYMES LLC and may at no time be copied or reused without written approval from NYMES LLC. The Bidder understands that this will result in their account being immediately suspended or terminated. The Bidder understands and acknowledges that NYMESLLC reserves the right to terminate bidding accounts at its discretion. The Bidder acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. NYMES LLC/ Rust Belt Revival, in its sole discretion, may void and/or remove any item from any sale, temporarily suspend bidding, and re-sell any item/lots that were affected by any malfunction. The decision of the NYMES LLC/ Rust Belt Revival is final.

Indemnification: The Buyer agrees to indemnify NYMES LLC, its affiliates, or its clients for any damages or losses. Buyer will not hold NYMES LLC, its owners, affiliates, clients, or its employees liable for accidents, injury, theft, or incidents related to this purchase.

Fraud Protection for Buyers

We are committed to providing a secure platform and safeguarding buyers from fraudulent activity. By participating in our auctions, you agree to the following buyer fraud protection measures:

1. Authenticity Guarantee

Sellers are required to provide accurate and truthful descriptions of all listed items.
In the event an item is counterfeit, misrepresented, or otherwise not as described, buyers are eligible for resolution under our fraud protection policies.
2. Prohibited Seller Activities

The following fraudulent seller activities are strictly prohibited and will result in disciplinary action:

Misrepresenting item details, condition, authenticity, or provenance.
Listing counterfeit, fake, or stolen items.
Failing to ship sold items within the agreed-upon timeframe.
3. Fraud Reporting and Resolution

If a buyer suspects fraudulent activity, the following steps must be taken:

Report the Issue: Contact our support team after receiving the item or after the expected delivery date.
Provide Evidence: Submit supporting documentation, such as photos of the item, proof of communication with the seller, tracking information, or expert evaluations.
Resolution Process: Our team will investigate the claim, which may involve contacting the seller, verifying the item, and reviewing provided evidence.
4. Refunds and Buyer Protection

Buyers may qualify for a refund in the following cases:

Non-Delivery of Item: If the seller fails to deliver the item or provide valid tracking information.
Item Not as Described: If the item is materially different from its listing (e.g., wrong item, counterfeit, or significant undisclosed defects).
Fraudulent Transactions: If the seller is found to have engaged in deceptive or fraudulent practices.
Refunds will be processed in accordance with our [insert refund policy or money-back guarantee].

5. Buyer Responsibilities

To qualify for fraud protection, buyers must:

Ensure all communication and transactions are conducted through our platform.
Promptly report any suspected fraud or issues.
Retain all documentation related to the transaction, including receipts, tracking numbers, and correspondence.
6. Platform Monitoring and Enforcement

We actively monitor activity on our platform to identify and prevent fraudulent behavior. Sellers found to be engaging in fraud will face consequences, including account suspension, permanent banning, and potential legal action.

7. Limitations of Liability

While we strive to protect buyers from fraud, our liability is limited to the refund of the purchase price and any applicable fees. We are not responsible for indirect or consequential damages resulting from fraudulent activity.

8. Reporting Fraud

Buyers are encouraged to report suspicious listings, sellers, or transactions immediately. You can contact us at Alex@nymesllc.com to report fraud or seek assistance.



Money Back Guarantee

We strive to provide a secure and trustworthy platform for all transactions. To ensure customer satisfaction, we offer a money-back guarantee under the following terms and conditions:

1. Eligibility for the Money-Back Guarantee

The money-back guarantee applies in the following situations:

Non-Delivery of Item: If the seller fails to deliver the purchased item within the agreed-upon timeframe.
Item Not as Described: If the item received is significantly different from its description in the listing (e.g., wrong item, counterfeit goods, or undisclosed damage).
Fraudulent Transactions: If a transaction is determined to be fraudulent after investigation.
2. Conditions for Refund

To qualify for a refund under this guarantee, the following conditions must be met:

The buyer must notify us after receiving the item or after the delivery deadline has passed.
Supporting evidence must be provided, such as photos, tracking information, or communication with the seller.
The item (if received) must be returned to the seller in the same condition it was received, unless otherwise instructed.
All requests must come within 15 days after the auction ends for physical pick up, and all requests for shipping must come in within 15 days of item delivery
3. Exclusions

The money-back guarantee does not apply to:

Buyer’s remorse or change of mind after purchase.
Items explicitly sold "as-is" or with disclosed defects, provided the listing was accurate.
Items lost or damaged during transit if shipping insurance was not purchased by the buyer.
Transactions conducted outside of our platform or in violation of our terms and conditions.
4. Refund Process

To request a refund, buyers must contact our support team and submit a refund request.
Once a refund request is received, we will investigate the claim and communicate a resolution
If the refund is approved, the payment will be credited back to the original payment method
5. Seller Obligations

If a refund is issued to a buyer, the seller may be held responsible for reimbursing the refund amount to us, depending on the investigation outcome. Sellers who fail to comply with this policy may have their accounts suspended or terminated.

6. Disputes and Final Decision

Our money-back guarantee is designed to resolve disputes fairly. However, NYMES INC reserves the right to make the final determination in all refund requests.

7. Limitations of Liability

While we aim to protect buyers and sellers, our liability is limited to the refund amount in accordance with this guarantee. We are not responsible for consequential damages or losses beyond the refund.