EBTH Terms and Conditions
EBTH.com and its related sites, services, applications, domain names, and tools (collectively, the “Site”) are owned and operated by EBTH Inc. and its subsidiaries dba Everything But The House (“EBTH,” “us” or “we”) to provide an online auction platform and related services through which goods may be bid upon and sold to you (the “Services”). These terms and conditions (the “EBTH 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 EBTH, 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, may require touch-up or repairs prior to use and the available information about these items may be limited. EBTH 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.) EBTH does its best to list the fault within the description. EBTH 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, EBTH relies on information provided by the seller. EBTH 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 EBTH 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 EBTH 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. EBTH 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 EBTH. 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 EBTH, you irrevocably authorize EBTH 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 EBTH and that you are authorized to use the designated payment method. EBTH 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 EBTH 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 here. 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. If you are the current high bidder and want to increase your maximum bid without increasing the current bid, you must use the “Edit Max” function.
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 Form here. Bid corrections are at the sole discretion of EBTH. 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, EBTH 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, EBTH 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 “I’m Following” page. 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 EBTH 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, Click here.
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 EBTH against any damages incurred by EBTH due to your related shill bidding.
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, check or you may prepay online with a credit card or gift card and present your ID for pickup. All invoices under five thousand dollars ($5,000) that are shipped must be paid with a credit card and/or valid gift card (if applicable). Purchases over five thousand dollars ($5,000) will require payment via cashier’s check, ACH or wire. Winning bidders with questions of how to make payment should submit a question via our Contact Form located here. 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, EBTH 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 EBTH the right to hold a winning item until confirmation of cleared funds has been received by EBTH.
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 EBTH, 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 EBTH. EBTH requires a sales tax exemption certificate for each state in which an exemption is claimed. For more information regarding sales tax exemption, click here.
Failure to Pay – Any items not paid for in accordance with the EBTH 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 EBTH may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of EBTH’s choosing. EBTH 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 EBTH in collecting your payment.
Gift Cards and Promotions – Subject to the terms and conditions of the applicable gift card or promotional discount, EBTH may accept payment via gift card or gift certificate and may discount invoices in accordance with certain promotions from time to time.
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. EBTH will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
Delivery – EBTH utilizes third party shipping agencies for packaging, handling and delivery of most items. Please be aware that not all items are eligible for shipping. If shipping is available, you can request a shipping quote when viewing the item. The final shipping cost is subject to insurance cost based on the final bid price and occasional fluctuations in fuel surcharges from common carriers. (Shipping quote insurance calculations prior to the end of the sale are based on the current bid value.) If you intend to have an item delivered, it is your responsibility to understand the potential delivery costs before placing your bid. EBTH will use reasonable efforts to ship the merchandise within ten (10) business days after the scheduled sale removal and payment date. When you win an item, any shipping times we provide are estimates only and actual delivery dates may vary. You acknowledge that some items may have a longer processing period such as large items which may take six (6) to eight (8) weeks for delivery.
Alternate Pickup - In certain locations, EBTH 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 EBTH 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 EBTH 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 EBTH made in accordance with these terms. EBTH is not responsible for insuring items while in EBTH’s possession. Upon the transfer of risk of loss to you, you agree to maintain adequate insurance coverage on such items located on EBTH’s premises. In the event that you take possession of any purchased item before the completed processing and receipt of your payment by EBTH, 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 EBTH TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE EBTH 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 EBTH WITHOUT ANY FURTHER ACTION BY YOU OR EBTH. 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. EBTH MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS, DISPOSE OF OR DONATE THE ITEMS TO A CHARITY OF EBTH’S CHOOSING. EBTH 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 EBTH in the “Failure to Pay” and “Failure to Pickup” paragraphs of these EBTH Terms and Conditions (the “Liquidated Damages”) constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of EBTH’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 EBTH’s exclusive remedy for the breaches contemplated in the “Failure to Pay” and “Failure to Pickup” paragraphs of these EBTH Terms and Conditions.
All items on the Site are sold “as is – where is”. EBTH will only accept returns in cases of material errors in the item description made by EBTH, as determined by EBTH 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 or your taking possession of the item. Notwithstanding any language to the contrary, EBTH in its absolute and sole discretion may accept a return under this policy.
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 EBTH 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 EBTH premises; except to the extent such losses are caused by the gross negligence or willful misconduct of EBTH.
8. Limitation of Liability
YOU AGREE THAT EBTH 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 EBTH. YOU ALSO ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ANY SELLER OR EBTH 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 OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF EBTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, EBTH’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 EBTH 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 EBTH OR ANY SELLER OF AN ITEM. YOU HEREBY ACKNOWLEDGE THAT THESE LIMITATIONS ON LIABILITY WILL APPLY TO ALL MERCHANDISE, SERVICES AND CONTENT AVAILABLE THROUGH EBTH, THE SERVICES AND THE SITE.
Referral Rewards Program – Offer valid for qualified customers only. Restrictions apply. See Referral Rewards program terms and conditions.
Changes to the EBTH Terms and Conditions – EBTH reserves the right, at its sole discretion, to change, modify, add or remove any portion of the EBTH Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes to the EBTH Terms and Conditions will be effective when posted. Your continued use of the Site and/or the Services after any changes to the EBTH Terms and Conditions are posted will be considered acceptance of those changes.
California Residents – If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Notices to You – We may provide any notice to you under these EBTH 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 EBTH Terms and Conditions, you must contact us as follows: EBTH Inc. Attn: Legal, 4650 Wilmer Avenue, Cincinnati, OH 45226. We may update the contact information for notices to us by posting a notice on the Site or amending these EBTH Terms and Conditions. Notices will be effective when received by EBTH.
No Waiver – Any waiver of any provision of the EBTH Terms and Conditions by EBTH must be made in writing and signed by an authorized representative of EBTH specifically referencing the EBTH Terms and Conditions and the provision to be waived.
Cumulative Remedies – All rights and remedies provided to EBTH are cumulative and not exclusive, and the exercise by EBTH 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 EBTH’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 EBTH 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 these EBTH 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 EBTH 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 EBTH 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 EBTH 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 EBTH Terms and Conditions. EBTH may assign or transfer these EBTH Terms and Conditions and/or its rights and/or obligations hereunder.
Governing Law - These EBTH Terms and Conditions shall be governed in all respects by the laws of the State of Ohio, without regard to conflict of law provisions. You agree that any claim or dispute you may have against EBTH must be resolved exclusively by a state or federal court located in Hamilton County, Ohio, and you hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of such courts for any such claims or disputes.
**Last Updated on March 2, 2017