Terms and Conditions
1. Introduction
These Terms and Conditions apply to the use of this website and any products or services offered through it, including participation in auctions and purchases made via the site.
By accessing, browsing, registering, bidding, or purchasing through this website, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use this website.
2. Definitions
- “We”, “us”, “our” refers to 123 Auctions.
- “Website” refers to https://123auctions.co.nz/.
- “User”, “you” refers to any person accessing or using the website.
- “Seller” refers to 123 Auctions or any third party seller listing products via the platform.
- “Buyer” refers to any user placing a bid or attempting to purchase a product.
3. Accounts and Use of the Website
You are responsible for:
- Ensuring all information you provide is accurate and current
- Maintaining the confidentiality of your account details
- All activity that occurs under your account
We reserve the right to suspend or terminate accounts at our sole discretion.
4. Product Listings and Descriptions
All product descriptions, images, specifications, and information are provided in good faith but are indicative only.
We do not guarantee that:
- Listings are error-free
- Images perfectly represent the actual product
- Descriptions are complete or accurate
Buyers acknowledge that products may be new, used, ex-demo, or sold as-is, as described in the listing.
5. Pricing and Technical Errors
While we take reasonable care to ensure pricing accuracy, technical, typographical, or system errors may occur.
We expressly reserve the right to:
- Correct pricing or listing errors at any time
- Cancel any order or winning bid affected by an incorrect price
- Refund any payment made where an error has occurred
This includes situations where a product is displayed or sold at a clearly incorrect price due to a technical fault, system malfunction, or human error.
6. Auctions and Bidding
All bids are subject to verification and acceptance.
By placing a bid, you acknowledge that:
- Bids may be reviewed before acceptance
- Automated bid confirmations do not constitute final acceptance
- We may cancel bids or auctions where irregular activity or errors are detected
We reserve the right to:
- Withdraw items from auction at any time
- Reject or remove bids
- Cancel auctions due to technical issues, errors, or seller discretion
7. No Sale Until Confirmation
No sale, transaction, or contract is considered final until confirmed by the seller.
Payment processing, order confirmation emails, or on-screen confirmations do not constitute acceptance of the sale.
We may cancel any transaction prior to final confirmation without liability.
8. Payment
All payments must be made using the approved payment methods available on the website.
We reserve the right to:
- Refuse or reverse payments
- Delay processing pending verification
- Cancel transactions where payment issues arise
9. Refunds and Cancellations
If an order or auction is cancelled due to:
- Technical error
- Pricing error
- Verification failure
- Listing inaccuracies
A full refund will be issued using the original payment method.
This refund will be the buyer’s sole remedy. No additional compensation will be provided.
10. Delivery and Collection
Delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by:
- Couriers
- Third parties
- Events beyond our control
Risk transfers to the buyer upon dispatch or collection, unless otherwise required by law.
11. Third Party Sellers
Where products are listed by third party sellers, we act solely as a platform provider.
We are not responsible for:
- Seller conduct
- Product quality
- Seller representations
Any disputes between buyers and sellers must be resolved directly.
12. Intellectual Property
All content on this website, including text, images, logos, and software, is owned by or licensed to us.
You may not copy, reproduce, or distribute any content without prior written consent.
13. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any loss, damage, or expense arising from:
- Website errors or downtime
- Cancelled auctions or orders
- Incorrect pricing or listings
- Technical failures
- Lost profits or indirect losses
14. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses arising from your use of the website or breach of these Terms.
15. Termination
We may suspend or terminate your access to the website at any time without notice if we believe these Terms and Conditions have been breached.
16. Changes to Terms
We may amend these Terms and Conditions at any time. Updated terms will take effect immediately upon publication on the website.
17. Governing Law
These Terms and Conditions are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of New Zealand courts.