GENERAL TERMS AND CONDITIONS
Use of EesAuction Website and Services.
- These general Terms and Conditions ("Terms and Conditions" or "T&C") shall apply to all aspects of use of the website eesauction.com (the “website”), the Account and the auction, bidding, sales, and/or purchase of items and other services offered and rendered by EesAuction.Com Ltd (“EesAuction”) (a Company duly incorporated under the laws of Nigeria, with Registration Number, RC: 166560).
- EesAuction shall offer auction, bidding, sales, and/or purchase of items and other services through various channels not limited to POS, SMS, USSD hereon referred to as “the Product or the Service".
- By completing and submitting your registration and using any of the products or services of EesAuction, you agree to and are bound by all of the Terms & Conditions for using the service, including any other terms and conditions that may be applicable for a specific type of service or product made available, the Bidding Rules, The Market Rules, Rules applicable to the bonus promotions, rewards programs, special offer, placement of items, etc that may be made available on the website; You have opted-in to receive email and SMS communications from EesAuction; you also authorize EesAuction to charge the credit or debit card you have entered on this site for the hammer price of an item in which you were the highest bidder, plus any other charges and all applicable sales tax. EesAuction reserves the right to refuse any applicant for a bidding number or the privilege of bidding at any online auction and to revoke such privilege at any time.
- The Terms and Conditions contained herein represent the complete, final and exclusive agreement between the Bidder and the EesAuction and supersede and merge all prior agreements, representations and
- By using the service, the Bidder confirms that he/she has reached the age of 18 or such legal age as he/she must have reached under the laws governing bidding that are applicable to him/her. Irrespective of National Regulations concerning the legal age, however, EesAuction does not accept any Users under the age of 18 and applications from any form of incorporated or unincorporated legal entity. EesAuction reserves the right to verify any Bidder's statement of age and status, and to exclude Bidders from its services, if there are any doubts regarding the attainment of the minimum age required or applicant’s identity. EesAuction at its sole discretion may ban from further use any Bidder which it believes as underage or who has registered an account with the false information about his/her identity or status or to have in any way misrepresented himself, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by EesAuction, shall have all his bids voided, his winnings forfeited and his/her bidding account (hereinafter referred to as the "Account") blocked immediately.
Registration and Membership Eligibility.
- The Site is available to members who are 18 years and older and who have not been suspended or removed by EesAuction for any reason;As a member, you agree to provide true accurate, current and complete information about yourself as prompted by the Site’s registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card information within your membership profile so long as you maintain an account with EesAuction.
- A prospective Bidder must sign up and register with EesAuction by creating a personalised user identification and password, providing the necessary registration information such as name, address, phone numbers, email address, City and State of Residence, preferred pickup City, and any other information requested for identification. This process automatically creates a dashboard, grants access to the platform and sets up an e-wallet for the Bidder. The Bidder shall therefore become responsible for his/her dashboard and wallet.
- As a Bidder, you hereby acknowledge that you are of legal age and sound mind. By registering you agree that you have read and fully understand the complete “Terms and Conditions of Auction” and every other activity on this website, and any additional terms and conditions announced or on the website, and agree to be bound thereby; and that you take full responsibility for your Bidder's number and details. Bidder’s number is non-transferable. All bids made by the holder of the number will be the responsibility of the registered Bidder. All bids, sales, etc are final.
- A Bidder under the EesAuction shall be a natural person (human being) only. By registering on this platform, you hereby acknowledge that you are a natural person (human being), and not a robot, juristic person or a person functioning with the aid of any form of Artificial Intelligence (AI) or means whatsoever. EesAuction reserves the right to refuse or cancel any registration, bid, or auction under this platform if it is discovered at any time that the Bidder is not a natural person or human being or it is discovered that the Bidder is a juristic person or being a natural person, the Bidder is aided by any form of artificial intelligence in any of the bidding process or auction. If at any time, within five years from the dated of the auction/sale, EesAuction discovers that a Bidder won the auction through any form of artificial intelligence or assistance or while in violation of this particular Rule, EesAuction shall and is entitled to recover the item from the Bidder; and where the Bidder has created any third party interest(s) in the item, EesAuction shall and is entitled to recover from the Bidder the full value of the item as advertised by EesAuction on the date of the auction.
Funding of E-Wallet and Bid; Credit Card Information
- A Bidder must fund his e-wallet to be able to participate and bid in the auction. The Initial Registration Funding (“Initial Registration Funding”, “IRF”) required to create a NEW USER ACCOUNT is not less than One Thousand Naira (N1,000); subsequent recharge or funding is at the Bidder’s discretion. EesAuction may at any time or from time to time change the Initial Registration Funding. The Initial Registration Amount Funding is non-refundable. E-wallet shall be funded either by online deposit, direct bank deposit, or any other options as may be developed and proposed by EesAuction.
- For Responsible and Bid Discipline Policy, EesAuction will not accept the funding of any bid directly from a credit or debit card. Every bid shall be funded from the E-Wallet, which must be a prefunding. However, credit or debit card information may be provided by a Bidder and shall be retained by EesAuction for purpose of funding E-Wallet, payment of hammer price, taxes, buyer’s premium, and/or any other charges. Notwithstanding the above, any Bidder who wishes to link his account to his/her credit or debit card shall be subjected to further verification process and will be required to provide his means of identification and other relevant documentations. By providing your credit card information to EesAuction, you authorize EesAuction to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes and/or charges. Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated. You certify that you are an authorized user of the credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.
- Apart from a Banker’s Cheque, no Cheque will be accepted and will therefore be treated as non-payment. Bidder, Buyer agrees to not 'stop payment' on any credit cards.
- Bids placed on the EesAuction website are a binding contract and you are responsible for paying all amounts due to EesAuction including sale price (hammer price), buyer's premium (where applicable) and all applicable taxes. Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event. All sales are final. No returns, credits or exchanges. A Bidder may be compelled to pay the hammer price of bid he/she has won.
Bid Value and Bidding
- As a registered Bidder, you should not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you acknowledge and agreement with all of the terms and conditions included herein and elsewhere on our website. The highest Bidder shall be the Winner/Buyer of the item; and you shall not retract your bid. Bid value in non-refundable. A Buyer is deemed to have accepted an item or product when he makes his
- A successful bid at auction constitutes a legally binding contract of sale. EesAuction reserves the right to reject any or all bids on items and products not being sold at absolute auction. The acceptable bidding increments are established and controlled by EesAuction and such increments are final.
- EesAuction reserves the right to establish and determine the value of each bid. Each bid cost an amount (“Bid Value”). The minimum value of any bid shall not be less than N50 (Fifty Naira). The bid value of any product or item is determined based on the Actual Value or Worth of the product or item and at the discretion of EesAuction. For example, a product with actual worth of N100,000 may attract a bid value of N50 or N100, etc, while another product with a higher worth or value may attract a bid value of N150 or N500 or N5,000 or so forth, as the case may be. Therefore, the bid value becomes N50 or N100 or N500 or N2000, etc or any such amount as may be determined by EesAuction.
- For every bid made by a Bidder, the bid value is deducted from the Bidder’s e-wallet; the bid value for every product or item is clearly displayed beneath, beside or on the “Bid Button”. The bid value is non-refundable. The Bidder identifies any item or product of interest and clicks on the “Bid Button” to bid for the item/product and to participate in the auction. The Bidder may click as many times as he desires; the more strategically he bids, the better his chances of winning the auction, but he is expected and advised to be strategic in his bids.
Time-Based Nature of Auction
- The auction is time-based. Bidding commences at a particular time, and the timer counts down to zero. For example, where the auction is set for 10 minutes, the timer starts at 10 minutes (00:10:00) and counts down to zero (00:00:00). If you place the last valid bid exactly when the timer drops to zero (00:00:00) you are considered the last and highest Bidder; and therefore you WIN the auction. Since the auction is time-based, the timing for entry into the auction is important. A Bidder may wish to join the auction and bid only at the last minute or second. It is the Bidder’s choice. Therefore, each auction time (duration) is divided into three (3) segments. For example, for an auction with one (1) minute duration, the time is divided as follows: First fifty percent (50%) of the auction duration (second 1 to second 30) is referred to as “the Wiseman Entry” period (First Segment); A Bidder who joins the auction within this period attracts the normal bid value per bid, throughout the auction. The following twenty-five percent (25%) of the auction duration (second 31 to second 45) is the “Smooth Roll” period (Second Segment); A Bidder who joins the auction within this period attracts twice (2x) the bid value per bid, throughout the auction. The last twenty-five percent (25%) of the auction duration (second 46 to second 60) is the “Super-Premium” period (Third Segment); A Bidder who joins the auction within this period attracts thrice (3x) the bid value per bid, throughout the auction. It is advisable and expedient to join the auction during “the Wisemen Entry” period.
- EesAuction reserves the right to fix, alter, determine and/or limit the entry into or the duration of any auction and/or the duration of “the Wiseman Entry”, the “Smooth Roll” and/or the “Super-Premium” entry periods in the lifetime of each auction. For the avoidance of doubt, entry into any auction at the Super Premium period shall be limited and determined at the sole discretion of EesAuction.
- Timing and Time Zone for auction
- All the dates and timings published by EesAuction are purely indicative, and may be altered, postponed or cancelled outrightly by EesAuction. All indicated dates and times are based on WAT (West Africa Time) unless stipulated otherwise.
Posted Closing Times
- Posted closing times and displays of the auction current time are approximate. EesAuction reserves the right to close earlier or extend an auction at any time at its sole discretion. It is highly recommended that you use effective, strong and reliable data and internet provider to avoid delay in bid delivery or processing or technical difficulty, as EesAuction shall not be liable for any of such technical hitch or delay.
Minimum Number of Bid
- No Bidder is expected to use any artificial intelligence aid or support in his bids. Therefore, to ensure that all bidders are natural person or human, there is a number of minimum bids required of a Bidder during the auction circle. A Bidder must bid at least once in each of the auction time segment, commencing from the time he joins the auction. For instance:
- A Bidder who joins the auction during the “Wiseman Entry” period (First Segment) of the auction duration is expected to bid at least once in all three segments of the auction duration, i.e.: the first bid in the (First Segment) of the auction duration, at the cost of (x1) of the bid value; the second bid in the (Second Segment) of the auction duration, at the cost of (x1) of the bid value; and the third bid in the (Third Segment) of the auction duration, at the cost of (x1) of the bid value.
- A Bidder who joins the auction during the “Smooth Roll” period (Second Segment) of the auction duration is expected to bid at least once in each of the two remaining segments of the auction duration, i.e.: the first bid in the (Second Segment) of the auction duration, at the cost of (x2) of the bid value; and the second bid in the (Third Segment) of the auction duration, at the cost of (x2) of the bid value.
- A Bidder who joins the auction during the “Super Premium” period (Third Segment) of the auction duration is expected to bid in the last segment of the auction duration at the cost of (x3) of the bid value.
- Where a Bidder who joins the bidding at the First Segment (Wiseman Entry) skips the second segment, he is deemed to have opted out of the auction and has forfeited his previous bid. If he bids again in the third segment, such subsequent bid shall be deemed as fresh entry and may be accepted or refused by EesAuction depending on the timing of that re-entry. Where the re-entry bid is accepted, the bid and every other bid following shall attract the bid value applicable for that segment in which the Bidder re-enters the auction.
Wish Bid Option
- There is a “Wish Bid” option. The wish bid registers your interest and wish to participate in a particular auction. It is a pre-auction step taken by a prospective Bidder to indicate his interest on an item, it is not a bid in the auction. The wish bid secures your chance to bid with the actual or minimum bid value, even if you enter the auction subsequently at the “Smooth Roll” or “Super Premium” period. A “wish bid” cost one bid value. The “wish bid” option closes minutes or hours before the commencement of the actual bidding. EesAuction reserves the right to close the bid wish at any time before the actual commencement of an auction.
- EesAuction has the right to refuse, accept or cancel any wish bid or to cancel an auction entirely before the commencement of the auction without any explanation. In such cases, a communication informing the Bidder of the cancellation of the wish bid or auction will be sent to the Bidder's registered email address or a private message will be sent to the User's dashboard. EesAuction, in case of irregularities which may impact upon the outcome of any auction (including but not limited to non-availability of the advertised items, government policy, etc), has the right to declare the wish bid invalid and the auction void even after its termination. In such situation, EesAuction may credit the Bidder account with the full value of his wish bid.
- EesAuction has the right to adjust, move either backwards or forward or postpone the time or date of an auction without explanation or stating the reason. All wish bids made in respect of such auctions will be adjusted accordingly by EesAuction shall be considered valid to the extent of the adjusted time or date. Unless otherwise stated in the EesAuction Bidding Rules, whenever an auction is officially postponed or interrupted, any wish bid relating to such auction remains valid if the auction is rescheduled and held within 28 days of the postponement. In the case of postponement, if the auction does not take place within the mentioned time frame, the bid wish will be deemed void and the Bidder credited with the bid value. In the case of interruption, where the interruption takes place during the auction process or actual bidding, the auction will be declared void and the Bidder credited with the value of his bids.
Winning and Closure of Auction, Collection of Item
- At the end of every auction, if you emerge as the latest and highest Bidder, your user identification will automatically display as the winner of the item and on the list of winners. A notification, with a tracking reference code, is automatically sent to your personal email address and dashboard. As the winner, you are expected to close the bid by paying the “Hammer Price”, including taxes and charges where applicable, within 5 “Working Days” to EesAuction’s “Designated Bank Account”. Where you fail to close your bid within 5 days as required under the Rule, you lose your right to the auction.
- Payment is verified within 48-hours of a working day. Upon verification, item or product will be collected by the Winner within 72hours of working days at the Collection/Delivery Centre designated by EesAuction. In designating a collection centre for any auctioned item, EesAuction may, at its sole discretion, consider the proximity of centre to the Bidder.
Purchase Price, and Calculation
- At the end of every successful auction, the Bidder shall pay the purchase price for the item or product purchased. The purchase price is the sum of the hammer price, and may include the Buyer’s Premium, Buyer’s Fee, sales tax, where applicable, or the sum of any combination of the above, etc. EesAuction does not accept partial payments. Invoices must be paid in full prior to pick up.
- A Buyer’s Premium is a predetermined percentage or flat fee added to the highest bid price to achieve the contract sales price. As the Winner/Buyer, you have to pay a “Buyer’s Premium” of not less than 10% of the Advertised item Value or Hammer Price as the case might be, which will be added to the Hammer Price and charged along with the Hammer Price. Not all items auctioned under EesAuction platform requires the payment of buyer’s premium. EesAuction reserves the right to decide if buyer’s premium shall be paid on any item or product and may or may not publish such item for which buyer’s premium will be paid on its website. By bidding on EesAuction website, you agree to pay the buyer’s premium and for your credit or debit card filed with EesAuction to be charged within 5 working days of the auction end.
- The use of a Buyer’s Premium will not in any manner whatsoever constitute an agency relationship between EesAuction (its licensees, employees or agents), and/or the Buyer. EesAuction, its licensees, employees and agents are agents for the Seller only.
Obligation to Notify EesAuction of any Errors (Operational, Functional, Staff Errors, etc)
- The Bidder has an obligation to inform EesAuction, as soon as possible, of any errors observed on the EesAuction platform, including operational, functional, human errors, amount wrongly credited to his account, etc. EesAuction, at its discretion, may penalise any Bidder who does not report any such observation, either by banning, deregistering or suspending the Bidder, and where the Bidder won an auction based on, or during the undisclosed error, EesAuction may void the auction and recovered the item or the full value of the item in the case where third party interest has being created. Where the error relates to wrongful crediting of funds to the Bidder, EesAuction may at any time set off any positive balance resulting from the erroneous operation, as well as void possible bid or transactions made with the erroneously credited funds. In any of the instances above, EesAuction shall and is entitled to recover the item won or its full value where third-party interest has been created.
Obligation not to Hack or Invade the System
- Hacking or unauthorised invasion of cyber systems is a criminal offence under the Nigerian Cyber Laws. Any Bidder who, either directly or through another, indulges in any hacking activity or unauthorised invasion of the EesAuction platform, notwithstanding that it is a mere attempt, would be reported to law enforcement agencies; and EesAuction shall ban such Bidder, and also seek civil redress in the event of any lose suffered.
- EesAuction reserves the right to refuse bid closure or stop the transfer of the auctioned item or product and to declare any auction void if EesAuction has evidence that the bidding process for the auction has been compromised or manipulated. Evidence of the above may be malfunctioning of the platform, hacking, etc.
- Winner Reference Codes which do not directly appear on EesAuction's files or records are not valid. If you are unsure about the validity of a reference code, please check your Account or contact our Bidder Service. Printing, altering or presentation of any document or reference code which does not emanate from EesAuction to any person or organisation will be dealt with in accordance with applicable Nigerian Criminal Laws.
Tax Obligation and Exemption
- All winnings, hammer price or closure sum, howsoever described, are subject to taxes and levies imposed by governments and Taxes Authorities. Taxes and Levies shall be retained by EesAuction, where necessary and applicable, and paid over to relevant authorities on behalf of the Tax exempt buyers must provide the appropriate Sales Tax Exemption Certificate prior to the end of the sale. Upon receipt of such information by EesAuction, your future purchases will not be taxed. Tax Exemption Certificate of Tax Resale Form may be submitted in your membership profile. Your profile name and address must be the same as your Tax Exemption or Resale Certificate.
Nature of Items and Products
- The products and items on EesAuction Online Shop/Platform are largely brand-new and unused items, ordered directly from identifiable and verifiable stores and merchants, who are EesAuction’s partners. EesAuction may, from time to time, also offer for auction valuable “used items”. If a used item or product is offered for auction, EesAuction will so indicate on the description of items. EesAuction also offers for auction/sale of virtual products which are cash-backed, for instance “Business Starter Pack”, “Student Scholarship”, “Vacation Trip”, “Medical Insurance”, “Charity Package” etc. Whenever a virtual product is offered for auction, it shall be so accurately described.
“AS IS”, “WHERE IS" Conditions
- All EesAuction items or products are sold on “AS IS”, “WHERE IS" and “WITH ALL FAULTS” basis “WITHOUT EXCEPTION”, with no warranty of any type expressed or implied as to the merchantability or fitness for any particular purpose of any goods offered in this sale. EesAuctionand Seller expressly and specifically disclaim, without limitation, any warranty of merchantability or fitness for a particular purpose. No sale will be invalidated by reason of any defect or inaccuracy in any of the items or products by reason of their being incorrectly described orally or written, invoiced or catalogued, and no liability will be borne by EesAuction, licensees, employees and agents in respect to any such faults or errors. All marketing information has been prepared only as a guide and is not offered as completely accurate, nor does it give the Buyers all the information on the item or product. Except as herein contained, there shall be no guarantees or warranties, expressed or implied, statutory or otherwise of any nature whatsoever. The Buyer will accept the items or products in spite of any defects or conditions, known or unknown, visible or not visible, and therefore the Buyer does by these presents remise, release, acquit, quit claim and forever discharge the Seller, EesAuction, licensees, employees and agents from any and all claims now and in the future. Buyer understands that these terms as well as all other terms and conditions can only be amended or revised in writing, signed and issued by EesAuction in this website. Buyer also agrees that any oral, written or electronic representation made by EesAuction shall not modify these “AS IS”, “WHERE IS” All information and descriptions contained in advertising this sale is believed correct, but no responsibility is assumed by EesAuction or Seller for any errors or omissions. No refunds, exchanges or credit will be issued. By placing a bid and/or receiving the item, the Bidder agrees that he is completely satisfied with the item or product.
Inspection of Items and product
- Buyer understands that any description given in the catalogue or written on the website is not guaranteed, and Buyer will rely entirely on his/her own judgement. By bidding for any item, the Buyer is deemed to have full inspection and knowledge of the state of the item or product.
- While quantities and descriptions are believed to be correct, there are no warranties or guarantees, expressed or implied, and EesAuction’s licensees, employees and agents will not be held responsible for advertising discrepancies, inaccuracies or failure of the merchandise to correspond with any standard and/or expectation. No item or product shall be sold or deemed to be sold by description. A Buyer shall not be entitled to rely on any representations made either in writing or orally, by or on behalf of, EesAuction, licensees, employees and agents. The description, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, saleability or other particulars set out in the newspaper adverts, auction brochures, catalogues, and/or invoices are believed to be accurate, but such information is given by way of identification only and no warranty, condition or guarantee is given or is to be implied as to the accuracy of such descriptions, measurements, dimensions, serial and machine numbers, year, model, quantities, weights, value, quality, capability, usability, function, performance, condition, saleability or other particulars, or the genuineness or authenticity of any item or product, and neither the Seller nor EesAuction, licensees, employees and agents, will be responsible for any damage or loss, consequential or otherwise, arising as a result of any inaccuracy in respect thereof. Announcements and postings shall take precedence over any advertising or pre-auction material, written, oral and/or electronic.
Title and Documentation of Auction/Sale
- The winner is entitled to a title document or purchase invoice, such that is appropriate for the nature of item or product purchased. The Documentation will show the actual value of the item or product and the “hammer price” at which the winner closed the bid/auction, and a certification that the “hammer price” on the document does not devalue or represent the actual value of the product or item. Where the item is a real estate or relates to interest in land, the documentation shall include a titled deed executed between EesAuction and the winner, accompanied by other roots of title documents. The Buyer agrees that the title document issued to him is the final and authentic title for the item or product.
Pickup, Placement on our Auction Store, Consignment, etc
- Every auctioned item is picked up by the Bidder/Winner from a designated pickup centre recommended by EesAuction to the Winner, which may include known stores or shops within the Bidder’s preferred and preregistered city. EesAuction manages the pickup date, time and schedule. Any pickup schedule forwarded to the Bidder by EesAuction is the final authority on item or product pickup. Pickup day and times, as well as procedure, are fixed and may not be modified.
- Auctioned items, in some cases, may be delivered by EesAuction to the Bidder/Winner upon request. Where the Bidder requests for delivery of an auctioned item, the delivery shall attract additional cost, which is to be assessed by EesAuction and same forwarded to the Bidder for payment. Delivery shall only be done upon receipt of delivery charge
- Successful Bidder/Buyer shall pick up his item or product at the designated pickup centre within 5 working days from the date of notification of the readiness of the item/product and pickup centre. If the successful Buyer determines that he is unable to pickup the items during the scheduled pickup and removal time and date, he must contact EesAuction within 24 hours prior to the expiration of the pickup date and EesAuction will determine if alternate arrangements may be made. These arrangements will be at the sole discretion of EesAuction and will be subject to all related transport, labour and/or storage fees. Any item not picked up by a successful Bidder within the scheduled pickup deadline may be subject to demurrage, or may be disposed, sold or destroyed by EesAuction without any further obligation towards the Bidder. For the avoidance of doubt, keep in mind that EesAuction staff cannot help you move large items. However, EesAuction knows several reputable local movers and we will be happy to recommend them. You are expected to bring wrapping material or boxes to wrap your delicate items.
Default in Pickup/Collection and Demurrage
- After an item has been won and the auction closed, a Bidder is expected to pickup and remove his/her item from EesAuction’s storage or possession within 3 working days from the date the Bidder is notified of the readiness of the item/product and the pickup centre. At the expiration of 5 days, the Bidder will be charged 0.5% (zero-point-five percent) of the advertised value of the item on the date of auction, as demurrage for everyday of such At expiration of the 90days from the date of notification, the item shall be sold or deemed to have been sold off and without any further notice to the Bidder/Purchaser. No item with accumulated demurrage shall be released without verifiable evidence of payment of such demurrage.
Removal and Failure to Remove
- Where an item or product is affixed or attached to land or immovable property, the removal of such item or product is the Buyer's sole obligation, cost and risk, and and the Buyer shall only do so in a manner approved by the Auctioneers. All costs, responsibility and risk of such removal shall be borne by Buyer and, in every case; Buyer will use prudence and care in such removal. In the event the Buyer fails to pay the whole of the purchase price, fails to remove all purchased items and product, or comply with any other condition herein contained or agreed to, the deposit shall be forfeited to EesAuction and EesAuction shall retain a lien on all such items or product of the Buyer.
- The Buyer agrees that EesAuction and/or the Seller may retain all monies received pursuant to any such sale, resale and apply that money toward any deficiency without further notice. EesAuction reserves the right to require proof of adequate insurance coverage from any Buyer of items or product requiring dismantling, rigging, hot cutting, refrigerant certification, or any situation deemed necessary by the
- Buyers agree to indemnify and save harmless both EesAuction and a Seller, licensees, employees and agents, against any and all damage caused by the acts of the Buyers and/or their agents, employees, etcetera, in connection with the dismantling or removing of any item or product. Buyers agree that any and all damages to the land or buildings, inside and outside, caused by them must be fixed, replaced or repaired to EesAuction’s satisfaction, before they are permitted to leave with their purchases. If for any reason, the Buyers fail to remove any item or product within the specified time, the item or product will be deemed abandoned and EesAuction shall have the right but not the obligation, at their sole discretion to resell, discard or remove items at Buyers' sole risk and expense, without any notice to Buyer and without waiving any rights that EesAuction or Seller may have against Buyer. The Buyers understand that they will lose any right, title or interest the Buyers may have acquired and the item or product shall revert and repossess to the EesAuction of the Seller without any further notice to the Buyers. In addition, Buyers will be liable for any rent incurred, labor, storage, hauling, dump fees, etc, and damage suffered by EesAuction because of the Buyer’s failure to remove any item or product.
- It is the Buyer's responsibility to secure all safety equipment to meet all applicable government safety standards in using or removing any items or product Any fluids, spills, release into the environment, or any contamination whatsoever caused by the Buyer, his agents, employees, contractors, etc., during the auction or removal, are strictly and solely the Buyer's expense and liability to correct, remove and clean up.
- The Buyer takes full responsibility for compliance with applicable environmental laws and exercises all reasonable care to ensure that there is no release to the environment of any hazardous materials, wastes or substances as defined in applicable Federal, State and Local Statues, Laws, Regulations, Rules or Ordinances.
- The Buyer hereby agrees to indemnify and hold harmless EesAuction and Seller from any and all damages, claims or liabilities from any and all injuries to persons or property of any type whatsoever caused by the Buyer, his agents, employees or contractors during the viewing and/or removal, as to the use or operation while inspecting the items or product, and as to the use or operation surrounding the removal of purchased item or product, and as to any environmental situations created by the Buyer.
- On a case by case basis and at EesAuction’s discretion, EesAuction or Seller may grant a Buyer a removal extension with a non-refundable (per day) extension fee as set by EesAuction Full payment of the extension fee must be made at least twenty-four (24) hours prior to the start of the extension.
Forfeiture of Items
- Any item or product not paid for in accordance with the Site’s Terms & Conditions will be forfeited by you. EesAuction at its sole discretion will reoffer the items or product or donate it to a charity of EesAuction’s EesAuction reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and is entitled to recover such payment by any legal means possible. Your membership with EesAuction may be revoked unless past due invoices and any additional charges are paid in full.
Procedure during Pickup and Delivery
- During pickup or delivery of the auctioned item or product, EesAuction shall complete a mandatory procedure, which is and therefore entitles it to, make videos and audio recordings and/or take photographs of the Bidder/Winner or his representative and EesAuction is entitled to publish, display or use the videos, audios and/or photographs on any of its platforms or any other platforms run by third party, including terrestrial, satellite and/or online television, radio, magazine, social media or any other form of print, audio or video media, for the purpose of advertisement, audit, authentication of claims or any other purpose as EesAuction may consider needful. By registering on EesAuction platform and bidding for an item, the Bidder acknowledges and agrees to this procedure and hereby waive any right or claim of personal privacy or any other right or claims whatsoever. EesAuction may or may not make any attempt to contact the Bidder before using such material or information. Attempt here is defined as any notification sent by telephone, e-mail or text message to the Bidder or to his dashboard. EesAuction, at its discretion, may refuse to release the item or product to a Bidder until he completes any or all the procedure.
Source of Items and Products
- Every item or product placed for auction is sourced from reputable and reliable vendors, marketers, merchants and/or organisations. EesAuction may also sources, especially valuable used items from individuals. Where the item is sourced from an individual, it may be picked up from EesAuction warehouse or directly from the vendor’s premises. If the pickup is from a private premises, EesAuction will provide smooth access to the Bidder/Winner. All items and products are subject to “as is” and “where at” conditions.
Buy Off & Sell Off Services
- EesAuction understands that sometimes a Bidder who has won an auction may not be able, financially, to close his bid or after closing a bid, may be desirous to sell off the item, and therefore EesAuction offers a comprehensive Buy Off and Sell Off Services.
- Where a Bidder wins an auction, the item won will display in his/her “My Auction” page in his/her Dashboard. A Winner, upon realising that he may not be able to financially close his bid within the 5 days required by the Rules, may indicate so to EesAuction before the expiry of the 5 days prescribed, by using the “Sell Off” button in this link. Where a Bidder/Winner fails to indicate his inability to close the bid as described above and does not close the bid as required under this Rule, his bid is deemed foreclosed and the auction forfeited.
- Where a Bidder indicates his inability to close the bid and wishes to Sell Off, an offer shall be deemed to have been made to EesAuction’s Accredited Buyer alone, and not to the general public. The Accredited Buyer, acting through EesAuction only, may accept or reject the offer. The amount the Accredited Buyer may rebuy the item will not exceed sixty percent (60%) of the advertised value of the item at the time of the auction. Where a Bidder indicates his inability to close the auction and wishes to sell off to the Accredited Buyer within the Rule, if the Accredited Buyer is unwilling to buy the item, EesAuction shall within 2 working days from the time such offer was made notify the Bidder/Winner of the Accredited Buyer’s rejection and unwillingness to buy off the item. Once EesAuction notifies the Bidder/Winner of the Accredited Buyer’s rejection of the offer to buy off the item, the Bidder/Winner shall have fresh 5 working days to close the bid. If the Bidder fails to close the bid after the extended time, the bid shall be foreclosed, and auction forfeited.
- A successful Bidder who has closed his bid (by paying the hammer price) as required by this Rule, may offer his item for sale to the public using the EesAuction “Sell Off” link. The Bidder will be required to set up his price range; the Winner would be connected to a potential buy, who will negotiate with the Bidder through the services of EesAuction. During this selloff option, EesAuction shall retain the item until the selloff is successfully concluded or aborted. The retention is to secure the item (subject matter) and integrity of the selloff transaction and process of EesAuction. For any selloff transaction on the EesAuction platform, EesAuction shall be entitled to five percent (5%) of the advertised item value at the time of the auction.
- Once a successful Bidder activates the selloff process of an auctioned item of product on EesAuction website, EesAuction is deemed to have connected the Bidder with a potential buyer. If the Bidder decides subsequently to stop the selloff process before the actual conclusion of the selloff, the Bidder shall pay EesAuction five percent (5%) of the advertised value of the item as success/finder’s fee for connecting the Bidder with a potential buyer. In this case, the five percent shall be paid to EesAuction before the item is released. Any auction item not fully paid for in accordance with Rule is deemed, and will be, forfeited by Bidder. EesAuction at its sole discretion will reoffer the item for auction or donate same to a charity of it’s
- For the integrity of the EesAuction Platform, every payment on Sell Off of items, whether to EesAuction Accredited Buyer or to the Public shall be paid through EesAuction who will remit the price or money to the Bidder/Winner
Obligation to Close Bid and Pay all Charges
- By registering with EesAuction you obligate to close your successful bid or auction. Notwithstanding anything to the contrary in this Rule or any other Rules of EesAuction, EesAuction reserves the right to recover the hammer price from any successful Bidder or Winner. Where any Bidder owes EesAuction any money for any reason whatsoever, EesAuction has the right to set off or deduct the amount from any deposit made by Bidder into his e-wallet or add such amount to hammer price of any auction won by the Bidder or demand that such amount must be paid before any item won by the Bidder may be released to him. EesAuction may suspend or revoke the membership of any Bidder who is in default until the past dues, invoices and any additional charges are paid in full.
Conclusiveness of EesAuction Records and Decision
- In the event of any dispute between you and EesAuction, the records of EesAuction server shall act as the final authority in determining the outcome of any claim. In the event that you have a dispute with one or more users, you release EesAuction/Provider (and its officers, directors, licensees, agents, subsidiaries, employees, and parent companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If any dispute arises as to any bidding between two or more Bidders or as to an item or product, etcetera, EesAuction at its sole discretion may declare the Winner by decision or cancel the auction. The actions and decisions of EesAuction shall be binding, final and absolute. Should a dispute arise after the auction, the EesAuction sales/electronic record will be deemed as final and absolute. In no instance will a dispute be recognized once the item or product has been picked up under this Rules.
- No claims, refunds, reductions, returns or exchanges will be allowed after the items or products have been delivered or picked up. No claim will be allowed for adjustments or rescission of any sales based upon the failure of the item or product to correspond with any standard and/or expectation of the Buyer. No EXCEPTIONS.
- Neither EesAuction nor its employees, agents, representatives, partners, operators shall be liable for any loss resulting from any error made by the Bidder.
- Additional or new markets may be made available by EesAuction from time to time. It is the responsibility of the Bidder to read the "Market Rules" applicable before making any bid.
Non-Commercial, Non-Professional Purposes
- The Bidder’s interest in using EesAuction service is purely of a personal nature, and not otherwise. Any commercial and professional interest is illegal and unacceptable and accordingly
- EesAuction does not warrant the constant availability and functionality of all or any item or product offered by EesAuction. EesAuction will not be held liable and will be held harmless by the Bidder for any damages, losses, costs, loss of profits or any other disadvantage a Bidder may incur in connection with any disconnection from, improper, wrongful or inadequate description of any of the items or products offered by EesAuction for whatever reason; EesAuction cannot be held liable in any case for any damage or loss caused directly or indirectly by the service or by its contents or by the contents provided by a third party, unless they are based on intentional or gross negligence.
- EesAuction shall not be liable if the Bidder is unable to place a bid due to congestion on the system or any other electronic communication media used by the Bidder for the purposes of bidding.
Location and Territory
- EesAuction service is available, at the moment, within Nigeria and the operating currency is Nigerian Naira (NGN) only.
Amendments to the Terms
Managing an Account
- The User/Bidder confirms that he retains the legal capacity under this Rules to enter into an agreement with the EesAuction. If any of the conditions is not respected, the User's account will be closed, and all other necessary measures will be implemented.
- It is prohibited for Bidder to buy, sell or transfer accounts to other Bidders, or indulge in cross funding of account. Such acts may be subject to and punishable under Money Laundering Laws in Nigeria.
- When a new account is opened, the Bidder is responsible for the accuracy and up-to-datedness of all the personal information and contact details provided, including name and date of birth, address, telephone number and e-mail address, city of residence, preferred city of delivery, etc. EesAuction reserves the right to close any Account when the information provided is deemed to be false or inaccurate.
- A Bidder is not allowed to open more than one (1) account with EesAuction. EesAuction retains the right to close the bidding account of any Bidder who has opened more than one bidding accounts under his name or under different names, emails, telephone numbers, etc. If EesAuction has reasonable grounds to believe that more than one bidding account (also under different names) has been opened with the intention to defraud or gain undue advantage, EesAuction retains the right to cancel any transaction related to the said fraud attempt.
- After opening an account, the Bidder is required to and must keep username, password and/or account number a secret. All transactions where EesAuction username and password and/or account number have been entered correctly will be regarded as valid, whether or not they have been authorized by the registered Account holder. Any account registration will be subject to know-your-customer (KYC) The EesAuction shall not be liable for any claims in the event that the Bidder gives away, tells, shares or loses his/her username, password or account number.
- If a Bidder does not access or "logging in" to his account for any period of six calendar months, his account shall be deemed to be "Inactive".
Deposits and Withdrawals
- The Bidder has the possibility to increase the credit balance of his Account with one of the payment methods made available by EesAuction. The Bidder warrants that he/she shall not use the payment instruments that belong to any third party. Any use of third-party payment instrument for funding of wallet or for any transaction on this platform may lead to voiding of such transaction including voiding an action win. Any deposits that are subject to the bonus promotion offer will be regulated by the bonus promotion rules and shall not be available for withdrawal. A Bidder on closing his account can withdraw seventy percent (70%) of the available credit balance of the Account using the same payment method provided upon registration, or any other payment method adopted by EesAuction once the full and appropriate verification has been completed. The other thirty percent shall be non-refundable charges.
- Withdrawals will be remitted only to the same account from which funds was paid or remitted into the Bidder’s account originated subject to the payment providers’ restrictions. No withdrawal will be authorized if it appears to be linked with transactions predominantly performed with the purpose of allowing the transfer of money from one payment method to the other.
- In order to perform any transaction, EesAuction may undertake any such verification or checks as may be required by EesAuction or by third parties (including, but not limited to, regulatory bodies) to confirm the legal ownership and the origin of the money implicated, the identity of the applicant and to comply with the relevant Anti Money Laundering Laws and Policies. EesAuction may suspend the availability of any withdrawal method and/or the withdrawal function available in your account until the completion of the verification checks in relation to the validity of any of the documents you send and, in some limited circumstances, suspend any activity of your account it may deem necessary should it have reasonable grounds to suspect or establishes the prohibited or illicit activity.
- In order to withdraw money, you may be requested to send to EesAuction a copy of your Identification (ID) (front/rear). Whenever a transaction is made through bank transfer, credit card or electronic wallet, any initial withdrawal request will be processed only after a security check has been performed and/or in any other circumstances EesAuction may deem necessary. In such instance, you may be required to supply any or all of the following documents together with the ID, in order to comply with EesAuction security policies:
- in case of credit card transactions, a copy of both sides of the card used to make the payment duly signed by the owner;
- a copy of an official document (bank statement, debit card statement etc.) showing your billing address;
- any other document that may be relevant in order to complete the check.
Full compliance with EesAuction requests will speed up the verification process.
- Any request by the Bidder for refund or withdrawal from his account through any bank transfer may take within 5 banking days to process; other withdrawals to e-wallets may take between forty-eight (48) hours to seven (7) working days from the time of request to process. EesAuction does not accept any liability for any delays which may be due to the payment provider.
- The Bidder agrees not to attempt any charge-backs, reversals or otherwise cancel any deposit previously made in his Account. Whenever any such event occurs, the Bidder commits to refund EesAuction for the unpaid deposits and for possible expenses resulting from the recollection of the misplaced money.
- The Bidder’s Account is not a deposit holding facility, current or savings account or any other financial product, and shall not generate interest and the deposits are made into the Account for the purposes of genuine auction. EesAuction is under no obligation to repay money to the Bidder as his debtor. EesAuction reserves the right to limit or to refuse bids.
Legal Use of the Website and of its Components
- Under no circumstance shall EesAuction Website be used for any purpose different from auctioning and sales without the express written consent of EesAuction is not liable for any attempts to use the services offered by means or ways not intended by EesAuction.
- Any action aimed at interfering with the normal functioning of the website including, but not limited to, releasing or propagating viruses, worms or logic bombs or similar is strictly prohibited and will be pursued to the fullest extent permitted by civil and criminal laws.
- EesAuction reserves the right to restrict access to certain parts of the Website and to certain services offered, including, but not limited to bidding, Live Chat and Internal Messaging system, etc.
- EesAuction may at any time and without previous notice, remove or amend any item or product offered for auction, as well as alter available starting hammer prices, item value, etc, where such alterations will not affect bids or auction already in progress.
- Under some circumstances, EesAuction may provide its Bidders with software designed internally or by third parties in order to optimize the functioning of the Website or to benefit from additional services. In such circumstances the Bidder may be asked to accept further Terms and Conditions related to the utilization of the new component. Any attempt to interfere with, modify or reverse or re-engineer any software provided is strictly prohibited.
- EesAuction is not liable for any possible IT failures caused by the electronic equipment used by the Bidder while accessing EesAuction Website or for faults due to the internet service provider used by the Bidder while accessing the Website.
- EesAuction also assumes no liability for correctness, completeness or up-to-dateness of the information services provided either for the accuracy of live auction, statistics, etc available in EesAuction website.
Linking to, and from, EesAuction Website
- The Bidder may link to EesAuction home page, provided he does so in a website owned by him/her, and in a way that is fair and legal and does not damage EesAuction reputation or take advantage of it. Links may not be established in such a way as to suggest any form of association, approval, sponsorship or endorsement on EesAuction part without express written consent from EesAuction.
- Where EesAuction Website contains links to other websites and resources provided by EesAuction partners or other third parties, these links are provided for information only and we do not make any representations regarding the accuracy and reliability of contents available on such third party websites. We have no control over the contents of those websites and therefore accept no responsibility for them or for any loss or damage that may arise from their utilization.
Disclaimer of Warranty and Release
- You expressly agree that the use of this Website is at your sole risk, responsibility and obligation. Neither EesAuction its affiliates, nor any of their officers, directors, licensees, employees, agents, third-party content providers, or licensors (collectively, 'Providers'), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Site.
Errors, Omissions, Etc
- The Site may contain errors, omissions, inaccuracies, or outdated information. Further, EesAuction does not warrant reliability of any statement or other information displayed or distributed through the Site. EesAuction reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. EesAuction may make any other changes to this Site at any time without notice. EesAuction makes reasonable commercial efforts to make the Site available at all times, however, EesAuction is not responsible for any service interruptions, including, but not limited to, interruptions that may affect aspects of the sale of equipment.
- Buyer agrees to indemnify and save harmless EesAuction and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner arising from this auction or privately negotiated sale; including costs, expenses, or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which the Bidder now has or which may arise in the future on the account of or in any way growing out of or connected with any defects, latent or otherwise, or the physical condition of any items or products purchased or any law or regulation applicable thereto. The indemnity clause applies to the auction and/or a privately negotiated sale, before, during and after, the auction or the privately negotiated sale, and shall survive settlement or lack thereof. Buyers must insure their own liabilities, interests, etcetera in all real estate and/or personal property. The Buyer also agree to indemnify and save harmless EesAuction and their employees, licensees, agents, successors or assigns, against any and all claims, injury, loss, liabilities, lawsuits, damages, demands, action or cause of action whatsoever in any manner, etcetera, pertaining to hazardous materials, substances, sites and/or conditions, (known or unknown), and are strictly and solely the Seller's ownership, responsibility and liability.
Limitation of Liabilities
- You agree that the EesAuction and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on this site (EesAuction or Provider) or from your purchase or sale of goods through this site regardless of whether such liability is based on tort, contract, or otherwise. On no event, including without limitation or a negligent act, shall EesAuction or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business, etc.), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use this site generally, or otherwise in connection with this agreement, regardless of whether EesAuction /Provider or any of its providers have been advised of the possibility of such damages.
- To keep your screen current for proper bidding you will need to hit the 'Refresh Button or Link' often. Practice prior to bidding to understand how the refresh button works.
- Pooling or bid rigging under EesAuction platform tantamount to fraud which is a serious offense. EesAuction reserves the right to pull the item(s) or product(s) from the auction or void any sale at auction when EesAuction detects or suspect pooling by two or more Bidders. Pooling or bid rigging will be prosecuted to the full extent of the law.
Bonuses / Promotions & Rewards
- We may make available on the website the bonus offers, promotions or reward programs. You can find more information on the website, in your Account or EesAuction help pages. Your eligibility for the offer or promotion and/or participation in the rewards program will be subject to the terms and conditions for the respective bonus offer, promotion or rewards program available on the website at all times. EesAuction reserves the right to deny admission or to terminate admission to any of the bonuses, promotions and/or special offerings, as well as to modify, suspend or discontinue their validity at its sole discretion and without informing the Bidder.
Complaints and Suggestions
- If you wish to make a complaint or a suggestion regarding the EesAuction, the Website or the services offered, as a first step you should contact EesAuction Services or send us an email through support@EesAuction.com or info@EesAuction.com. As second step, the complaint shall be assigned to an advisor that will manage to provide you with the appropriate response. Should the complaint not be resolved as expected by you, a response shall be provided to you through internal message or email by the Bidder Service Advisor who will report the final decision to you.
- All claims and suggestions should be forwarded to the Bidder Service in written form via internal message, fax, mail or e-mail. No complaints with regards to the acceptance, settlement or resettlement of a bid or auction will be heard by us if they are not raised through EesAuction Bidder Services within 21 days from the event occurrence which the bid or auction related to occurred.
- EesAuction does not condone or tolerate offensive or rude language, as well as malicious or damaging comments. As a Bidder, you undertake to be civil and responsible while contacting EesAuction staff or while discussing EesAuction items, products and services in any media, social network or forum. Any infringement of this policy will result in a suspension of the Account and may include any additional action required in order to ensure compliance and redress any wrong or injury suffered by EesAuction or its staff as a result of such comments.
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
- If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. In such instances, the part declared invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, EesAuction's original intent.
Responsible Chance Bidding
- EesAuction believes in responsible chance bidding and auctioneering and takes its responsibility in this matter seriously. Bidding in EesAuction Platform is based on chance principles; it is good, affordable and exciting platform for purchase by auction. Purchase under the platform should be based on need or as a chance While using the platform as either pastime or need-shopping, Bidders are advised not bid beyond their means. EesAuction is committed to endorsing responsible wagering among its Bidders as well as promoting awareness on problems of chance bidding and improving prevention, intervention and treatment of same.
- EesAuction undertakes any effort in order to ensure your pleasant online chance and bidding experience while participating in EesAuction, keeping full awareness of the financial harms associated with problem chance bidding. With regard to the purposes pointed out herewith, EesAuction does strongly suggests that Bidders should try keeping clearly separate bidding from his daily activities; try establishing affordable deposit limits; try considering the lasting time of each bidding session before its commencing; not to understand chance bidding as the only means of purchase of shopping.
- At any time, the Bidder may request to EesAuction Bidder Service temporary or permanent self-exclusion from part or all of EesAuction services as well as the closure of his account. EesAuction will use all reasonable endeavours to ensure compliance with self-exclusion; however, you accept that we are not liable if you manage to by-pass EesAuction security measures in circumstances which are beyond EesAuction reasonable control.
- The Bidder may as well request to EesAuction Bidder Service to activate deposit limits on his account, or to modify the existing ones. EesAuction may provide its users with the facilities to set their own limit on deposits on a daily, weekly or a monthly basis. We will use all EesAuction reasonable endeavours to ensure the effective enforcement of the deposit limits; however, you accept that we are not liable if you manage to by-pass EesAuction security measures in circumstances which are beyond EesAuction reasonable control. Revocation of previously self-imposed limit shall come into effect only after seven days after the EesAuction has received the request of Revocation.
- Where any dispute arises in connection with this Auction/Sale Contract, the Parties undertake to mutually resolve the dispute. In the event that the Bidder and EesAuction are unable to mutually resolve the dispute within 30 days from the date the complaint or disputed was brought to the notice of EesAuction, then either EesAuction or the Bidder may issue a notice to mediate or arbitrate the dispute. The parties will then appoint a common Mediator or Arbitrator. The Mediator or Arbitrator shall have 30days within which to resolve the dispute. The costs of engaging the Mediator or Arbitrator shall be borne equally by the Parties, and each party shall bear its own costs of preparing the materials for and making presentations to the Mediator or Arbitrator. The disputes referred to in this particular clause are limited only to issues arising from: (1) payment or non-payment, handover or non-handover or any other issues relating to real estate or land related item or property won by the Bidder; (2) non-delivery of item won by the Bidder for which closure of auction has been successfully completed; (3) payment or non-payment of commission on Sell Off made on this platform. Every other dispute is excluded from this procedure and are regulated by other provisions and clauses of this Terms and Condition Contract.
Forum, Applicable Laws and Jurisdiction
- Any bid placed by the Bidder shall be governed by the applicable provisions of the Nigeria Laws, and any Regulations and Rules made in terms thereof, as amended from time to time. It shall be the responsibility of the Bidder to ensure that he is aware of these provisions. By bidding, you agree that any litigation or dispute concerning enforcement of this contract or arising out of this online auction shall be brought in either of these three (3) Courts: the High Court of the Federal Capital Territory, Abuja, the High Court of Rivers State, or the High Court of Lagos State only, and shall be govern by the rules of those Courts, irrespective of the location or state where the Bidder resides. The prevailing party shall be entitled to an award of court costs and attorney fees incurred.
- Some circumstances may arise where a bid is confirmed, or a sale made, by EesAuction in error. The following is a non-exhaustive list of such circumstances:
- whenever the starting hammer prices and other terms offered at the time the bid is placed are clearly wrong given the probability of any error,
- whenever a bid has been erroneously accepted on a market which should have been suspended or removed,
- where an auction item or product containing incompatible information is accidentally placed, because of human or technical error,
- any other situation that may be referred to as an error.
In all these cases, EesAuction reserves the right to cancel all the bids for the auction and the sale in which the error occurred, and to correct the mistake made by settling all the bids.
- The Bidder undertake not to do anything to corrupt the website, attempt to gain unauthorised access to any account, knowingly or negligently use any features that may affect and/or alter the system’s functionality in any way and/or attempt to or remove or alter any content form the website
- Neither EesAuction (including its employees or agents) nor EesAuction partners or suppliers are liable for any loss resulting from any error made. In the event that, due to technical problems, the printed version of any document generated from the website differs from the website version, the latter shall prevail. In the event of any dispute, the Bidder agrees that the records of EesAuction server shall act as the final authority in determining the outcome of any claim.
- EesAuction shall have the right, prior to accepting any bid, temporarily or permanently suspend or to terminate the bidding services to a Bidder without providing any reason.
These General Terms and Conditions are effective from 2020