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Terms and Conditions

Welcome to Bidding Is Open. By accessing, registering for, bidding on, consigning to, or otherwise using this website and its related auction services, you agree to comply with and be bound by the following Terms & Conditions. If you do not agree to these terms, you should not use this website or participate in any auctions.

1. Auction Platform

Bidding Is Open provides an online marketplace for live webcast auctions, timed auctions, consignments, and related auction services.

All auctions are conducted according to the specific terms posted within each individual auction catalog in addition to these general Terms & Conditions.

2. Eligibility to Bid

By registering to bid, you represent and warrant that:

  • You are at least 18 years old
  • You are legally capable of entering binding contracts
  • The information you provide is accurate and complete
  • You are authorized to use the payment method provided

We reserve the right to deny, suspend, or terminate bidding privileges at any time and for any reason.

3. Binding Agreement

Placing a bid constitutes a legally binding agreement to purchase the item if you are the winning bidder.

Bidders may not retract or cancel bids except where expressly permitted by law or the auction platform.

Failure to complete payment may result in:

  • Account suspension or permanent banning
  • Cancellation of bids or purchases
  • Collection efforts and recovery of damages
  • Reporting to third-party auction platforms or payment providers

4. Item Descriptions & Condition

All items are sold “AS IS, WHERE IS,” with no warranties or guarantees expressed or implied unless specifically stated otherwise.

Descriptions, photos, measurements, and condition reports are provided as a courtesy and are believed to be accurate; however, Bidding Is Open does not guarantee:

  • Authenticity
  • Condition
  • Age
  • Provenance
  • Completeness
  • Functionality
  • Merchantability
  • Fitness for a particular purpose

Buyers are responsible for conducting their own inspections and due diligence before bidding.

Minor imperfections, wear, repairs, reproduction status, or age-related flaws may not always be specifically disclosed.

5. Buyer’s Premium, Taxes & Fees

Winning bidders agree to pay:

  • Final hammer price
  • Applicable buyer’s premium
  • Sales tax where required
  • Shipping, freight, handling, storage, or processing fees where applicable

All charges must be paid in full before items are released or shipped.

6. Payment Terms

Accepted payment methods may vary by auction and may include:

  • Credit or debit card
  • ACH or wire transfer
  • Cash where permitted
  • Other approved payment methods

Payment deadlines are stated within each auction listing or invoice.

Failure to remit timely payment may result in cancellation of the sale and restriction from future participation.

7. Shipping, Pickup & Storage

Shipping may be available for eligible items at the buyer’s expense unless otherwise stated.

Buyers are responsible for:

  • Providing accurate shipping information
  • Arranging pickup within stated timeframes
  • Paying all shipping, freight, insurance, and handling charges

Items not picked up within the stated timeframe may incur storage fees, be considered abandoned, or be resold without refund.

Large, fragile, or oversized items may require freight shipping or third-party transport arrangements.

8. Returns & Refunds

Unless otherwise stated, all auction sales are final.

Refunds or returns may only be considered in limited situations such as:

  • Proven billing errors
  • Incorrect item received
  • Significant undisclosed damage or material misrepresentation

Approved claims must be submitted promptly according to our Return & Refund Policy.

9. User Conduct

Users agree not to:

  • Manipulate bidding activity
  • Use false accounts or fraudulent payment methods
  • Interfere with website operations or security
  • Harass other users or staff
  • Submit false chargebacks or payment disputes
  • Use automated systems, bots, or scraping tools without permission

We reserve the right to remove users, cancel bids, or pursue legal action for misuse of the platform.

10. Auction Timing & Technical Issues

Bidding Is Open is not responsible for:

  • Internet outages
  • Delayed bids
  • Platform interruptions
  • Technical malfunctions
  • Browser compatibility issues
  • Server downtime

We reserve the right to extend, pause, reopen, cancel, or modify auctions at our discretion if technical or operational issues occur.

11. Limitation of Liability

To the maximum extent permitted by law, Bidding Is Open shall not be liable for:

  • Indirect or consequential damages
  • Loss of profits or business opportunities
  • Data loss
  • Shipping delays or carrier damage
  • Errors in listings or descriptions
  • User conduct or third-party actions

Our total liability related to any transaction shall not exceed the amount actually paid for the item in dispute.

12. Indemnification

You agree to indemnify and hold harmless Bidding Is Open, its owners, employees, affiliates, contractors, and agents from any claims, damages, losses, liabilities, or expenses arising from:

  • Your use of the platform
  • Violation of these Terms & Conditions
  • Failure to complete transactions
  • Disputes with buyers, sellers, or third parties

13. Intellectual Property

All website content, logos, branding, photographs, text, graphics, and auction materials are the property of Bidding Is Open or its licensors and may not be copied, reproduced, or used without written permission.

14. Privacy

Use of this website is also governed by our Privacy Policy.

Privacy Policy:
Privacy Policy

15. Governing Law

These Terms & Conditions shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict of law principles.

Any disputes arising from use of the website or participation in auctions shall be resolved in the appropriate courts located in Florida unless otherwise required by law.

16. Changes to Terms

Bidding Is Open reserves the right to update or modify these Terms & Conditions at any time without prior notice.

Continued use of the website following updates constitutes acceptance of the revised terms.

Contact Information

Bidding Is Open

Phone/Text: (689) 500-9492
Email: help@biddingisopen.com

Return and Refund Policy

Because Bidding Is Open operates as a live and online auction marketplace, all sales are generally considered final unless otherwise stated in the individual auction terms.

Please review all item descriptions, photos, terms, and available inspection opportunities before placing bids.

Auction Sales

All bids placed through Bidding Is Open are legally binding.

Winning bidders are responsible for payment in full, including applicable buyer’s premiums, taxes, shipping charges, and handling fees.

Unless specifically stated otherwise within an auction listing:

  • All items are sold “AS IS, WHERE IS”
  • No warranties or guarantees are expressed or implied
  • No refunds, exchanges, or returns will be provided based on buyer’s remorse, change of mind, or failure to read descriptions

Eligible Returns or Refunds

A return or refund request may be considered only in limited circumstances, including:

  • Incorrect item received
  • Item substantially different from the auction description
  • Proven shipping damage reported promptly
  • Duplicate payment or billing error

Requests are reviewed on a case-by-case basis at our sole discretion.

Shipping Damage Claims

If an item arrives damaged:

  1. The buyer must notify us within 48 hours of delivery
  2. Photos of the packaging, shipping label, and damaged item must be provided
  3. All original packaging materials must be retained for carrier inspection if required

Failure to report shipping damage within the required timeframe may result in denial of the claim.

Return Conditions

If a return is approved:

  • The item must be returned in substantially the same condition received
  • Items may not be altered, repaired, modified, or resold
  • Returns must include all accompanying parts, accessories, and documentation if applicable

Unauthorized returns may be refused.

Refund Process

Approved refunds are typically issued back to the original payment method within 5–10 business days after the returned item is received and inspected.

Shipping charges, buyer’s premiums, processing fees, or handling fees may be non-refundable unless required by law or caused by our error.

How to Request a Return or Refund

To request assistance regarding a return, refund, shipping issue, or billing concern, please contact us with:

  • Your full name
  • Invoice or auction number
  • Item description
  • Reason for the request
  • Supporting photos or documentation if applicable

Contact Information:

Bidding Is Open
Phone/Text: (689) 500-9492
Email: help@biddingisopen.com

Copyright © 2026 Bidding Is Open - All Rights Reserved.

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