My Jennarocity Auction House Terms and Conditions

Myjennarocityauctionhouse.com and its related sites, services, applications, domain names, and tools (collectively known as the “Site”) are owned and operated by My Jennarocity Estate Sales, LLC. and its subsidiaries dba My Jennarocity Auction House (“My Jennarocity,” “us” or “we”) to provide an online auction platform and related services through which goods may be bid upon and sold to you, the customer (the “Services”). These terms and conditions (the “My Jennarocity 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.

Please read these My Jennarocity Terms and Conditions prior to using the Site and the Services. My Jennarocity provides you with access to and use of the Site and the Services subject to your compliance with these My Jennarocity Terms and Conditions and the Site’s Terms of Use and Privacy Policy, available here. Your use of the Site and/or the Services constitutes your express agreement to the My Jennarocity Terms and Conditions. If you do not agree to the My Jennarocity Terms and Conditions, or if you are not legally competent to agree to them, then you may not access or use the Site or the Services. The My Jennarocity Terms and Conditions do not alter the terms or conditions of any other agreement you may have with us.

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 My Jennarocity, 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to deliver payment for items purchased by you and associated fees or shipping costs, including but not limited to using outdated payment methods;
• 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;
• 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.

2. Sales

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 are in perfect condition, may require touch-up or repairs prior to use and the available information about these items may be limited. My Jennarocity will not list every flaw associated with each item as these are to be expected. In the case of obvious faults, My Jennarocity does its best to list the fault within the description. My Jennarocity 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, My Jennarocity relies on information provided by the seller and our own research on an item. My Jennarocity and sellers make no and expressly disclaim any guarantee, warranty or representation, expressed or implied, to you with respect to any item, including without limitation, condition merchantability, quality, rarity, importance, fitness for a particular purpose, historical relevance, or otherwise.

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. Unless otherwise explicitly stated in the auction or item description, all sales are conducted without reserve by the seller. Unless otherwise explicitly stated by My Jennarocity in writing, the auction of personal property through the Service is conducted according to the following guidelines: (i) the property is sold to the highest bidder without reserve; (ii) the auction does not require a minimum bid; (iii) the auction does not require competing bids of any type by the seller or an agent of the seller; and (iv) 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 My Jennarocity 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. My Jennarocity 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.

3. Bidding

Buyer’s Contract - Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to My Jennarocity. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items.

Maintenance of Payment Information - In order to place a bid, you must have valid payment information stored in your profile. By providing your credit card information to My Jennarocity, you irrevocably authorize My Jennarocity to charge your credit card for the total purchase amount of any winning bid plus any fees associated with the sale of the item, including but not limited to taxes, shipping and handling fees, if applicable. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with My Jennarocity and that you are authorized to use the designated payment method. My Jennarocity reserves the right in its sole and absolute discretion to cancel bids or suspend bidding privileges of any user not maintaining valid payment information.

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 My Jennarocity 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. 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.

Increasing Your Own Bid – The system will permit you to raise your own bid by rebidding on the same item. This is to permit you to raise the price of an item out of the reach of other bidders. If you rebid on an item, your new bid is binding.

Bid Correction/Retraction – As stated above, all bids represent irrevocable offers to purchase that may not be withdrawn prior to the close of the auction. It is your sole responsibility not to submit erroneous bids. In the event that you submit an erroneous bid more than twenty-four (24) hours before the scheduled close of a sale, you may request a correction through our contact email at Support@myjennarocityauctionhouse.com. Bid corrections are at the sole discretion of My Jennarocity. Bid correction requests will become part of your user history, and are subject to review. Under no circumstances will a bid correction request be honored in the final twenty-four (24) hours of a sale. Notwithstanding any of the foregoing, My Jennarocity reserves the right to cancel any bid at any time if, in our sole discretion, we determine an error was made.

Bidding Notices – For your convenience, My Jennarocity 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. 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 My Jennarocity system supersedes any e-mail, push or SMS communication in dispute resolutions.

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 and agree to indemnify My Jennarocity against any damages incurred by My Jennarocity due to your related shill bidding.

4. Payment

Payment Forms Accepted - My Jennarocity accepts debit cards, credit cards, and uses Pay Pal to process these payments through the website. No personal checks will be accepted under any circumstances. Payment of all items will occur through this portal.
Sales Tax – All sales are subject to appropriate state sales and use tax laws. My Jennarocity is a registered company with the state of Texas, and as such, is required to charge sales tax on all items sold under its’ name, with the exception of certain items where tax is charged by a different regulatory entity. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. For access to the Texas Sales and Use Resale Tax Certificate, please click the following link.

Failure to Pay – Any items not paid for in accordance with the My Jennarocity Terms and Conditions within seven (7) days of the sale closing (or upon a later applicable payment due date as may be provided herein) will be forfeited by you and My Jennarocity may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of My Jennarocity’s choosing. My Jennarocity 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 My Jennarocity in collecting your payment.

Gift Cards and Promotions – Subject to the terms and conditions of the applicable gift card or promotional discount, My Jennarocity may accept payment via gift card or gift certificate and may discount invoices in accordance with certain promotions from time to time.

5. Fulfillment
Should you place the final winning bid on an item, an invoice will appear in your “I’ve Won” list. By selecting the invoice and clicking “Checkout” you will be able to designate your final fulfillment method.

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). Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment. My Jennarocity will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).

Alternate Pickup - In certain locations, My Jennarocity may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have your item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.

Handling Fee – Items which must be moved from one location to another in order to make alternate pickup arrangements are subject to a minimum handling fee of ten dollars ($10.00) per lot. You agree that My Jennarocity may charge a higher handling fee, in its reasonable discretion, for certain items which are difficult to transport.

Title and Risk of Loss – Subject to these My Jennarocity Terms and Conditions, title and risk of loss to purchased items will transfer from the seller to you upon the completed processing and receipt of your payment by My Jennarocity made in accordance with these terms. My Jennarocity is not responsible for insuring items while in My Jennarocity’s possession. Upon the transfer of risk of loss to you, you agree to maintain adequate insurance coverage on such items located on My Jennarocity’s premises. In the event that you take possession of any purchased item before the completed processing and receipt of your payment by My Jennarocity, the risk of loss will transfer to you upon your taking possession.

Failure to Pickup – In the event that you fail to pickup or designate shipping for your items in accordance with the My Jennarocity terms and conditions, you hereby authorize My Jennarocity to charge your credit card for the purchase amount of the item plus any taxes, shipping costs and handling fees. When pick-up is selected by you or is the only option, if you fail to pick-up any items at the specified time or designate a shipping or fulfillment option within seven (7) days of the close of bidding you will be considered to have abandoned and forfeited the items. You agree that title for abandoned items will automatically transfer to My Jennarocity without any further action by you or My Jennarocity. You expressly agree that failure to receive any item in the event of abandonment does not relieve your obligation to pay for the item or any other fees. At a minimum, you will be charged the amount of your bid to satisfy payment obligations to the seller. My Jennarocity may, in its absolute and sole discretion, resell the items, dispose of or donate the items to a charity of My Jennarocity’s choosing. My Jennarocity reserves the right to charge the credit card on file for any moving or disposal charges and will not refund payment for the items.

Liquidated Damages – You acknowledge and agree that the remedies afforded to My Jennarocity in the “Failure to Pay” and “Failure to Pickup” paragraphs of these My Jennarocity Terms and Conditions (the “Liquidated Damages”) constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of My Jennarocity’s Services and online auction sales generally, the harm caused by your breach as contemplated in the aforementioned paragraphs would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from your breach. Your payment of the Liquidated Damages is My Jennarocity’s exclusive remedy for the breaches contemplated in the “Failure to Pay” and “Failure to Pickup” paragraphs of the My Jennarocity Terms and Conditions.

6. Returns
All items on the Site are sold “as is – where is”. My Jennarocity will only accept returns in cases of material errors in the item description made by My Jennarocity, as determined by My Jennarocity in its sole discretion. Any claims submitted for review under our return policy must be received within thirty (30) days of the earliest of delivery of your taking possession of the item. Notwithstanding any language to the contrary, My Jennarocity in its absolute and sole discretion may accept a return under this policy.

7. Indemnity
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand (including reasonable legal fees) whether direct or indirect: (i) made by any third party due to or arising out of your breach of these My Jennarocity Terms and Conditions, your improper use of the Services or your breach of any law or the rights of a third party; and/or (ii) relating to damage to person or property, including death, relating in any way to the items purchased by you through the Site and/or the Services, including, but not limited to, the shipment from, and moving of such items on, the My Jennarocity premises; except to the extent such losses are caused by the gross negligence or willful misconduct of My Jennarocity.


8. Limitation of Liability

You agree that My Jennarocity is not responsible for the acts or omissions of carriers in packing or shipping of purchased lots, whether or not such carrier is recommended by My Jennarocity. You also acknowledge and agree that in no event shall any seller or My Jennarocity or its officers, directors, managers, members, employees, agents, successors, affiliates or third parties be liable to any user of the site or services or any otherperson or entity for any indirect, special, punitive, compensatory, consequential or exemplary damages, whether in contract, warranty, tort or otherwise, even if My Jennarocity has been advised of the possibility of such damages. To the extent permitted by law, My Jennarocity’s total liability for any reason and upon any cause of action whatsoever, whether in contract, warranty, tort or otherwise, shall be limited to the amount of monies paid by you to My Jennarocity hereunder in the preceding three (3) month period. You irrevocably waive and disclaim any right you may have to bring an action for or to the remedy of specific performance against My Jennarocity or any seller of an item. you hereby acknowledge that theselimitations on liability will apply to all merchandise, services and content available through ebth, the services and the site.

9. Miscellaneous

Changes to the My Jennarocity Terms and Conditions – My Jennarocity reserves the right, at its sole discretion, to change, modify, add or remove any portion of the My Jennarocity Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes to the My Jennarocity Terms and Conditions will be effective when posted. Your continued use of the Site and/or the Services after any changes to the My Jennarocity Terms and Conditions are posted will be considered acceptance of those changes.

Notices to You – We may provide any notice to you under these My Jennarocity Terms and Conditions by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
Notices to Us – To give us notice under these My Jennarocity Terms and Conditions, you must contact us as follows: My Jennarocity Estate Sales, LLC, 1901 Westminster Dr. Grand Prairie, TX 75050. We may update the contact information for notices to us by posting a notice on the Site or amending these My Jennarocity Terms and Conditions. Notices will be effective when received by My Jennarocity.

No Waiver – Any waiver of any provision of the My Jennarocity Terms and Conditions by My Jennarocity must be made in writing and signed by an authorized representative of My Jennarocity specifically referencing the My Jennarocity Terms and Conditions and the provision to be waived.

Cumulative Remedies – All rights and remedies provided to My Jennarocity are cumulative and not exclusive, and the exercise by My Jennarocity of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. Despite the previous sentence, the parties intend that My Jennarocity’s right to Liquidated Damages is its exclusive remedy for your breach of certain obligations as specified in the Liquidated Damages paragraph.

Severability – If any term or provision of these My Jennarocity Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the My Jennarocity Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these My Jennarocity Terms and Conditions to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

Force Majeure – We will not be liable or responsible to you, nor be deemed to have defaulted or breached these My Jennarocity Terms and Conditions, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Assignment – You will not assign any of your rights or delegate any of your obligations under these My Jennarocity Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these My Jennarocity Terms and Conditions. My Jennarocity may assign or transfer these My Jennarocity Terms and Conditions and/or its rights and/or obligations hereunder.

Governing Law – The My Jennarocity Terms and Conditions shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions. You agree that any claim or dispute you may have against My Jennarocity must be resolved exclusively by a state or federal court located in Dallas, TX, and you hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of such courts for any such claims or disputes.

Entire Agreement – These My Jennarocity Terms and Conditions, our website Terms of Use (available here) and our Privacy Policy (available here) will be deemed the final and integrated agreement between you and us on the matters contained in these My Jennarocity Terms and Conditions.
Last Updated on November 1, 2016