Furniture, Outdoor, Antiques, Decor, Art

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TRUNKY FRESH AUCTIONS ? TERMS AND CONDITIONS

Thank you for your interest in our auction. We appreciate your participation and invite you to carefully review the following Terms and Conditions before placing any bids.

Unless otherwise noted, all items may be picked up in Chevy Chase, MD 20815, or shipped.

1. INTRODUCTION AND EFFECTIVE DATE

1.1 These Terms and Conditions (?Terms") govern all auctions conducted by Trunky Fresh Auctions (?Auctioneer" ?we, ?us," or ?our"). By registering to bid or by placing a bid?whether in person, electronically, or through any third-party platform?you (?Bidder, ?Buyer, or ?you") agree to be bound by these Terms.

1.2 Effective January 1, 2025, the following updated provisions apply:
? All auction items must be picked up or shipped within ten (10) days from the date of the auction. Items not claimed within this window will be deemed forfeited with no refund. We reserve the right to resell or dispose of forfeited items.
? Auction items may be offered on other platforms; we reserve the right to sell them elsewhere.
? We no longer offer in-house shipping. We will provide a list of recommended shippers, although you remain free to use any shipper of your choosing.
? Purchases over USD 500 must be paid via validated or certified funds (e.g., Venmo, Zelle, wire transfer) unless otherwise arranged. Exceptions may be made for prior bidders with an established, positive bidding history.

2. SCOPE OF SALE

2.1 All property offered and sold through Trunky Fresh Auctions is subject to these Terms. Any additional terms imposed by a third-party auction platform (e.g., LiveAuctioneers) also apply. In the event of any conflict between these Terms and the platform?s terms, these Terms shall control unless otherwise stated by the platform.

2.2 Unless otherwise noted, items can be picked up in Chevy Chase, MD 20815, or shipped (with the Buyer arranging shipment).

3. CONDITION OF ITEMS

3.1 All items are sold ?AS IS", ?WHERE IS, and in the condition depicted and described. Most items are used or vintage, which may include signs of wear, flaws, or damage. Photographs form part of the description, and Buyers must review all provided images carefully.

3.2 Failure to note a defect, imperfection, or age-related wear does not imply the item is in perfect condition. Descriptions are provided as a courtesy and are matters of opinion; it is the Buyer?s responsibility to request additional information or clarification before bidding.

4. BIDDING AND AUCTIONEER?S DISCRETION

4.1 The highest bidder recognized by the Auctioneer shall be deemed the Buyer. The Auctioneer reserves the right to reject any bid at any time and to reopen bidding at the Auctioneer?s sole discretion.

4.2 The Auctioneer may withdraw any item from the auction at any time, for any reason or no reason, and may re-offer the item at a future date, at the Auctioneer?s sole discretion.

4.3 Some items may be listed on multiple platforms. We reserve the right to sell items elsewhere without prior notice, although we will endeavor to do so in a manner that does not unduly discourage bidding or affect open bids.

5. ONLINE BIDDING AND REGISTRATION

5.1 Bidders participating through LiveAuctioneers or other third-party platforms must comply with that platform?s registration and payment requirements, including maintaining a valid credit card on file.

5.2 For invoices exceeding USD 500 or for first-time bidders, we may require payment via certified funds (wire transfer, ACH, cashier?s check). We reserve the right to mandate this payment method for additional purchases at our sole discretion.

5.3 Non-payment will result in a dispute on the relevant platform (e.g., LiveAuctioneers) and suspension from future auctions.

6. BUYER?S PREMIUM, TAXES, AND FEES

6.1 A thirty percent (30%) buyer?s premium will be added to the hammer price of all items sold, plus any applicable sales tax as determined by LiveAuctioneers or other platforms.

6.2 Buyers are responsible for any additional service fees imposed by third-party platforms.

6.3 Sales tax will be collected in accordance with relevant laws unless you have filed and received approval of a valid tax-exempt form.

7. PAYMENTS ACCEPTED

7.1 Acceptable forms of payment include Venmo, MasterCard, Visa, American Express, Discover, wire transfer, or ACH, unless otherwise stated or required under Paragraph 1.2 or Paragraph 5.2.

7.2 Credit Card Chargeback Policy: By bidding, you agree that chargebacks on credit card transactions shall not be initiated under any circumstances. You must resolve any payment disputes directly with Trunky Fresh Auctions.

7.3 Wrongful initiation of a chargeback, contrary to these Terms, will result in a dispute on LiveAuctioneers (if applicable) and may bar you from future participation. We may pursue all legal remedies to recover any outstanding balance, plus costs and fees associated with collecting.

8. PICKUP AND REMOVAL

8.1 The pickup date and location for each item will be detailed in the item description and/or in your invoice. A calendar link will be provided to winning bidders after the auction closes to schedule an appointment for pickup.

8.2 Items must be picked up or shipped within ten (10) days from the auction date (effective January 1, 2025). Items not claimed by that time will be deemed forfeited with no refund, and may be resold or disposed of at our sole discretion.

8.3 Buyers or their authorized shippers must bring all necessary packing materials and sufficient manpower to remove the items safely. Trunky Fresh Auctions is not responsible for providing labor, packing materials, or assistance.

8.4 Items will not be released without a signed pickup confirmation by you or your authorized agent. If a third-party shipper is used, you must provide written authorization via email before the end of the pickup window.

8.5 Any items remaining after the advertised pickup window may incur storage fees of at least USD 10 per day per item, or USD 20 per day for large furniture or oversized items. If items remain unclaimed for more than 10 days beyond the auction date, they may be considered abandoned and become the property of Trunky Fresh Auctions.

9. SHIPPING

9.1 We no longer provide in-house shipping services (effective January 1, 2025). You are responsible for all shipping arrangements and associated costs, including insurance. We are unable to provide shipping estimates, contact the shippers directly to obtain quotes. We recommend obtaining quotes prior to bidding since unanticipated shipping costs will not void a sale.

9.2 A list of recommended shippers is available upon request; however, Trunky Fresh Auctions does not guarantee their performance. You may use any licensed shipper of your choice.

9.3 Damage incurred during shipping is the sole responsibility of the shipper and/or the Buyer. A signed release will be required before items leave our facility, confirming your acceptance of the condition of the items as described.

10. NO RETURNS, NO REFUNDS

10.1 All sales are final. No returns or refunds. No exceptions.

10.2 Bidding on an item constitutes acceptance of its condition, authenticity, and fitness for use as stated or described. Under no circumstance will a sale be voided due to dissatisfaction with the item?s condition or unexpected shipping/handling costs.

11. RESTRICTED MATERIALS

11.1 Certain items containing restricted materials (e.g., ivory, coral, tortoise shell) may be subject to import/export laws. It is your responsibility to be aware of any such regulations before bidding.

11.2 Trunky Fresh Auctions does not guarantee the ability to ship or import items that fall under these regulations. No sale shall be canceled or refunded due to a Buyer?s inability to arrange for appropriate shipping or customs clearance.

12. AUTOPAY AUTHORIZATION

12.1 We reserve the right to process payment to the credit card on file if you have not otherwise arranged payment within one (1) day of the invoice being sent.

12.2 If payment is not received within five (5) days, we may initiate a dispute on the third-party platform and block you from future auctions.

13. ADDITIONAL LEGAL TERMS

13.1 Indemnification: You agree to indemnify, defend, and hold harmless Trunky Fresh Auctions, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys? fees) arising out of or related to your participation in the auction, breach of these Terms, or violation of any law or the rights of any third party.

13.2 Limitation of Liability: In no event shall Trunky Fresh Auctions be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with any sale or transaction.

13.3 Governing Law and Venue: These Terms shall be governed by and construed in accordance with the laws of the state where the auction is held, without regard to conflict-of-law principles. Any legal action or proceeding arising from these Terms shall be brought exclusively in the courts of that jurisdiction.

14. ENTIRE AGREEMENT

14.1 These Terms, along with any applicable third-party platform terms, constitute the entire agreement between you and Trunky Fresh Auctions concerning the auction and supersede all prior or contemporaneous communications. No amendments or modifications shall be valid unless in writing and signed by an authorized representative of Trunky Fresh Auctions.

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Thank you for taking the time to read and understand these Terms. By bidding, you acknowledge that you have read, understood, and agree to be bound by them.