TERMS AND CONDITIONS
USER AGREEMENT & CONDITIONS OF SALE
d.b.a. M@C Discount
Updated August 18, 2022
Welcome to the M@C Discount Auction Site, www.mac.bid, and the M@C Discount Mobile App (Site). These are the Terms and Conditions applicable to all transactions and dealings with ReCommerce412, LLC d.b.a. M@C Discount, M@C Discount Auction Website and M@C Discount Mobile App, collectively “M@C”.
By accessing the Site, utilizing the Services of M@C as User, or by registering as a User regardless of your physical location, you agree that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site. We refer to any person registering to offer or offering to buy Items as a User regardless of whether sale occurs as Users.
The Services provided on the Site enable Users, among other things, to:
- place bids on Items in Auctions;
- join the Preferred Buyers Club;
- purchase Buyers Assurance product.
We refer to any person who (i) accesses the Site or (ii) registers to use the services as a “User” regardless of whether the person purchases items in an auction. Also, the term "you" and “your” refers to both an individual user and the business if registered by an authorized individual.
These Terms and Conditions, together with
(i) any additional terms and conditions specific to a particular auction, or
(ii) terms and conditions anywhere else on the Site constitute the entire agreement between M@C and you related to your access and use of the Site and the services, including, but not limited to, the bidding and purchase of items in an auction. These Terms and Conditions supersede and replace any and all prior or contemporaneous written or oral agreements between the parties regarding such subject matter. These Terms and Conditions can only be changed or waived by an authorized representative Recommerce412, LLC.
2. Use of the Site
- 2.1. Registration
You must register and agree to these Terms and Conditions as a prerequisite to submit bids for items in an auction. To register as a User on the Site you must provide, among other things, your name, the name of the business you are authorized to act for, your title, phone number, e-mail address and a valid credit card. Upon your completion of a registration application and acceptance of these Terms and Conditions, your registration application will be reviewed by M@C and will be accepted or rejected in M@C’s sole discretion.
You warrant that all registration information provided to M@C is true, accurate and complete and, if registering for a business, that you are authorized to act on behalf of and bind the business. You will immediately inform M@C of any change in your registration information
In registering or in any other communication with M@C you may not impersonate or misrepresent an affiliation with any other person or entity. Upon your completion of a registration application and acceptance of this Agreement, your registration application will be reviewed by M@C.
When you register for auctions, you will be required to confirm (i) your initial registration, and (ii) that you and your company, as applicable, agree to these Terms and Conditions (as then in effect) and to all other terms and conditions set forth anywhere on the Site or related to the auction.
- 2.2. User Accounts - Users are assigned an account name and password on registration. Users are responsible for all actions taken under their account name and password and shall only use the Site using their own account name and password. Users must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilize their account details. Users are required to complete those transactions that occur using their account name and password, whether such transactions are authorized or not.
- 2.3. Exclusion of Users & Rejection or Amendment of Bids - Without limitation to any other remedies, M@C may exclude any User from any Auction and block any registration if the User has breached or threatens to breach these Terms and Conditions or engages in any behavior which M@C in its sole discretion regards as likely to have an adverse effect on the conduct of the Auction or the reputation of M@C. Furthermore, M@C reserves the right, in its sole discretion, to exclude products from offers and refuse acceptances, bids or offers, as well as to discontinue Auctions or its Services altogether at any time or for any reason.
- 2.3. Exclusion of Users & Rejection or Amendment of Bids - Without limitation to any other remedies, M@C may exclude any User from any auction and block any registration if the User has breached or threatens to breach these Terms and Conditions or engages in any behavior which M@C in its sole discretion regards as likely to have an adverse effect on the conduct of the auction or the reputation of M@C. Furthermore, M@C reserves the right, in its sole discretion, to exclude products from offers and refuse acceptances, bids or offers, as well as to discontinue auctions or its services altogether at any time or for any reason.
- 2.4. Bidding - By placing a bid in an auction, you are extending an irrevocable offer to purchase the items at the price set forth in the bid. Once entered, a bid may not be retracted.
- 2.5. Item Inspection – All items will be available for inspection prior to the auction. All Users should inspect items prior to bidding. Failure to inspect an item is not the fault of M@C, and will not be deemed reason for issuing a refund (see Section 2.10).
- 2.6. Winning Bid - The User that entered the Winning Bid will consummate the purchase of the item within the time specified in the terms and conditions for the auction. Unless stated in the specific terms and conditions for an auction, all items will be charged to the User’s default credit card on file. This amount will include the Winning Bid, all buyers premiums, lot fees, Buyers Assurance Fee and sales tax, if applicable. Upon receipt of payment, all risk of loss shall pass to User. Winning Bids may not be cancelled at any point following the close of an auction.
- 2.7. Lot Closing Time - Specific lot closing times are published on the Site. M@C shall not be responsible for notifying any User of a change in any closing date or time. M@C will not accept a bid that is received after the closing date and time for the auction and all dynamic close time extensions. In the event that a higher bid is entered within a designated time period, chosen by M@C, of the scheduled lot closing time, the closing time will automatically be extended, in increments specified by M@C, until no bids have been entered in the pre- stated increment prior to the closing time for the auction. Each User is solely responsible for taking such actions as are appropriate to learn of changes to a closing date or time. The User bears the sole risk of transmitting bids so that such bids are received on the site prior to close of the auction lot.
- 2.8. Item Removal - The User is required to pick-up all items purchased by the removal time set forth in the specific auction. All removal shall be at the expense, liability and risk of the User. If the User does not pick-up an item within the removal period for the specific auction, M@C may, at their sole discretion, deem the item to have been abandoned by the User and the User will have no further rights with respect to the item. If items are not removed by the removal deadline, User is liable for all removal and disposal costs associated with disposing of the assets that were not removed.
- 2.9. Shortage or Damage Claims - No shortage or damage claims will be allowed after the items have been removed from the premises (see section 2.10). M@C shall not be liable for non-delivery to any User of all or any portion of a lot/item, other than for the return to the User of the corresponding portion of the sum paid on said lot/item. All of the limitations contained in Section 9 and 10 below shall apply.
- 2.10. Refunds – All items will be listed for sale with a Condition Code. This Condition Code will dictate the type of refund, if any, will be considered. The “Condition Codes” are as follows:
- 2.10.1 Like New - These are items that appear to be in a new condition or have never been used previously. These items are not tested for functionality or completeness. For items that are marked Like New a bidder must examine the item thoroughly when claiming (pick-up) the item. If the item does not appear new or unused or if there is an issue, the bidder MUST report this to M@C prior to leaving the premises. Once the bidder has left the premises with the item, M@C cannot issue any refund for issues arising with the item. M@C may offer credit on future purchases for all Like New items with discovered defects, not including buyer remorse.
- 2.10.2 Open Box – Open Box items were sold by a retailer, and potentially used before being returned by the customer. Open Box items may be damaged or have an opened box with missing pieces, so unless the condition of a specific item is explicitly stated, User should not make any assumptions about it other than that it may be ripped, scratched, non-functional or otherwise damaged. All Open Box items are sold AS/IS. M@C makes all items available for inspection prior to bidding, it is the responsibility of the User to inspect all items before placing a bid on the Site.
- 2.10.3 Damaged - Items marked "Damaged" indicate that they could come from a multitude of circumstances - shelf pulls, overstock, customer returns or any other means. Damaged items could be incomplete and have not be tested for functionality. All Damaged items are sold AS/IS, M@C cannot issue refunds on these items. M@C makes all items available for inspection prior to bidding, it is the responsibility of the User to inspect all items before placing a bid on the Site.
- 2.11. Buyer’s Premium - M@C may, in its discretion, charge a buyer’s premium, lot fee or other service charge on items sold (including any applicable sales or value added tax or similar taxes in the relevant jurisdiction at the current rate). All such charges will be indicated on the specific auction terms and conditions. If charged, the buyer’s premium shall be collected directly from each successful User, in addition to the lot fees, sales tax and purchase price as bid.
- 2.12. Late Payment - User acknowledges that time is of the essence with respect to their timely payment of all funds required under Section 2.6 and 2.11 of this Agreement. In the event that any such payments are not fully made prior to 10:00 am the day following the auction closing date, the User shall be required to pay M@C a late payment penalty of ten ($10.00) dollars.
- 2.13. Reinstatement Fee - If a User account is suspended for any reason, the User may be assessed an additional Reinstatement Fee up to one hundred ($100.00) dollars. At M@C’s sole discretion a User account may be permanently suspended for repeat violations of the Terms and Conditions.
- 2.14. Transfers and Holds - A User may elect to have an eligible item transferred to a M@C physical location other than the original location or placed on “Hold” in the original location. If an item is eligible for a transfer, the User is required to pay a fee ($ 5.00) for the item to be transferred. Each item can be transferred within a specific Region, but may not be transferred to auction facilities in other Regions. Hold fees will vary depending upon the size and type of auction. Items that are listed as “non-Transferrable” will have a Hold fee of $25.00. Items that are eligible for Transfer will have a Hold fee of $5.00. This fee will be disclosed on the Site, may be changed at the sole discretion of M@C and must be paid prior to the Transfer or Hold. The Removal Deadline will be adjusted for all items that have been Transferred or placed on Hold as follows:
- 2.14.1 Transfers - Once the Transferred Item arrives at the final destination an email will be sent to the User announcing the item is available for pick-up. Additionally the status will change on the item on the Site to “Awaiting Pickup”. From this time the User will have 5 business days to remove the item. If the item is not removed in 5 business days the item may be considered abandoned as provided under Section 2.8.
- 2.14.2 Holds - Once the Hold fee has been paid, the User will have 5 business days beyond the original removal deadline to remove the item. If the item is not removed in 5 business days the item may be considered abandoned as provided under Section 2.8.
- 2.15. Preferred Buyers Club - A User may elect to become a member of the Preferred Buyers Club by agreeing to pay a monthly subscription fee. By maintaining membership, the User will be entitled to the additional benefits below:
- 2.15.1 Basic Membership ($29.99 / month) - By paying the monthly membership fees, Users are entitled to the following benefits:
- Extended Removal Hours – Members may claim items during special members only removal hours. These hours are between 10:00 am – 12:00pm Monday through Friday (two hours before M@C is open to the general public).
- One Returned Item per 30-day period – A User must be a member when the auction closed and when the return is presented to M@C for the Item to be returned. If the conditions are met, no reason is required for the return to be valid.
- Rollover Returns – If a Basic Member does not use a return in the 30-day period, it may be “rolled over” to the next 30-day period. The maximum number of returns that can be rolled over is five (5).
- Return Period – Regardless of Membership level, all items must be returned withing 30-days after the close of the auction. After this Return Period has expired, no returns will be accepted.
- Free Transfers for Transferrable Items – Members may elect to have all eligible transferrable items sent to any M@C location, within the Region where the item was sold, for pickup. The transfer fee will be waived for all Member transfers of eligible transferrable items.
- Automatic Transfers for Transferrable Items – Members may elect to have all eligible transferrable items automatically transferred to a specific eligible location.
- Free Holds for Transferrable Items – All eligible transferrable items will be automatically placed on Hold for an additional 5 Business Days beyond the original removal deadline. If the item is not removed in 5 business days, the item may be considered abandoned.
- Yinz Binz Early Entry – Members may enter and buy items during special members-only hours at Yinz Binz locations. These hours are between 10:00am - 12:00pm Monday through Friday (two hours before Yinz Binz is open to the general public).
- 2.15.1 Basic Membership ($29.99 / month) - By paying the monthly membership fees, Users are entitled to the following benefits:
- 2.16. Buyers Assurance - A User may elect to purchase “Buyers Assurance” for any individual item in the auction. This purchase is elected at the time the bid is placed in the auction. The cost varies based on the product characteristics. The Buyers Assurance product allows the User to return the Item, for which the product was purchased, within 5 Business Days following the date the Item was picked up. This return is treated as a Buyers Assurance return, and a reason is not required to process the refund. The Buyers Assurance fee will not be refunded.
- 2.16.1 Abandoned Items - Items with "Buyers Assurance" applied that are not picked up and abandoned will be automatically refunded. The Buyers Assurance fee will not be refunded.
3. Data Protection & Corporate Information
4. Use of User Information on the Site
To enable the Site to use information provided by all Users, the Users grant M@C on registration a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise the copyright, trademark and database rights the User has in any information provided and to do so in any media form whether now known or not currently known in order to provide the Services.
Any price indicated on the Site or agreed to in an Auction is stated exclusive of any applicable tax. Users in Auctions shall be responsible for paying any value added, sales, use or other taxes which may be due on amounts owed by the Users under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.
6. Use of the Site & Services
M@C grants a limited, non-transferable, revocable right to each User to access and make use of the Site for the purposes of the User using the Site and the services in accordance with these Terms and Conditions. Users are responsible for procuring and maintaining their network connections and telecommunication links from their systems in order to use the Site.
Users shall not use the Site for fraudulent purposes or in connection with a any unlawful activity.
Users are expressly forbidden from any form of bid manipulation, including collusion or bidding on lots that they themselves or a party affiliated with them are selling in an auction. Users may not bid under a false name or as agent for a person or entity which would itself be prohibited by these Terms and Conditions or by the terms and conditions governing the specific auction in question from placing a bid on a particular lot.
M@C may, in its sole discretion, terminate a User’s right to access and use the Site at any time for any reason.
M@C shall use commercially reasonable efforts to protect against unauthorized access, but M@C cannot guarantee the security of any information User discloses online and User does so at your own risk. M@C is not responsible for the security of any information transmitted via the Internet or any error or delay in transmitting any information over the Internet, and User assumes sole and complete risk for using this Site. By using this Site and providing this data, User consents to the collection of and use of the data in accordance with this Agreement.
M@C does not guarantee continuous, uninterrupted or secure access to the Site. The Site and services are provided “AS IS” and “AS AND WHEN AVAILABLE”.
M@C may change, modify, amend, suspend or discontinue any aspect of the Site or the services at any time without notice and M@C reserves the right to impose restrictions on certain features of the Site or the services at any time without notice.
If a technology malfunction materially affects the outcome of an auction, M@C reserves the right to withdraw the auction within 72 hours following the original auction close time
Users’ access to the Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. M@C will use reasonable endeavors to limit the frequency and duration of any such suspension or restriction.
7. Proprietary Rights
Users acknowledge and agree that M@C and/or its licensors own all intellectual property rights in the Site and the services. Except as may be expressly stated, Users are not granted any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site or the services.
8. Indemnity and Hold Harmless
As a condition of using the Site and the services, User agrees to indemnify, defend, and hold harmless, M@C, its subsidiaries and affiliates and their respective owners, managers, directors, officers agents, partners and employees, from and against any and all liabilities, losses, demands, claims, damages, costs and expenses (including attorneys fees and expenses) suffered or incurred directly or indirectly arising from or related to (i) your use of the Site in violation of these Terms and Conditions, (ii) your breach of these Terms and Conditions, (iii) any accident, injury or death howsoever arising, sustained by any person or persons who access any M@C premises for the purpose of an auction, inspection, purchase, collection, removal, pick-up or any other related activity, and (iv) any claim related to or arising out of the use of any product sold or purchased, including but not limited to actions or claims for personal injury, death, disability, disfigurement, economic or other loss or damages.
9. Disclaimer of Warranties
M@C MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ITEMS OR THEIR CONDITION, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PATICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
USER ACKNOWLEDGES AND AGREE THAT THE ITEMS ARE SOLD “AS IS,” WITHOUT WARRANTY OF ANY KIND.
M@C MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, OR THE SUITABILITY, LEGALITY OR ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES DESCRIBED OR CONTAINED ON THE SITE.
THE SITE AND ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Damages and Liability
IN NO EVENT SHALL M@C BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF M@C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
The total liability of M@C arising from or related to the purchase of an item in an auction, whether based in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the amount paid to M@C for such item. You acknowledge and agree that the foregoing limitations have been bargained for and represent a reasonable allocation of risk based on the economics of our relationship under these Terms and Conditions. Therefore, the foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Any notice given to M@C under these Terms and Conditions shall be in writing and in English and shall be served by mailing it by overnight delivery service to M@C at Recommerce412, LLC, 109 Hindman Lane, Butler, Pa 16001 or to such other address as M@C may specify from time to time. For the avoidance of doubt, notice given by Users to M@C under those Terms and Conditions shall not be validly served if sent by e-mail or US Mail. Notices to Users by M@C may be sent to the e-mail address provided to M@C during the registration process, receipt of which is deemed to have occurred twenty four (24) hours after an e-mail is sent, or by any other method to any address provided by a User.
12. Choice of Law & Venue
ALL DISPUTES CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA.
YOU AGREE THAT THE STATE AND FEDERAL COURTS SITTING IN ALLEGHENY COUNTY, PENNSYLVANIA, USA, SHALL HAVE PROPER AND EXCLUSIVE JURISDICTION AND VENUE FOR ANY PROCEEDINGS CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES. You consent irrevocably to the jurisdiction over you of the aforementioned Courts in any such action or proceeding and agree that the venue provided above is the most convenient forum for both parties. You also waive any objection to venue or jurisdiction and any objection based on a more convenient forum in any action instituted in connection with the Site or the services.
YOU ACKNOWLEDGE THAT M@C WOULD NOT PERMIT YOU TO REGISTER AS A USER OR PARTICIPATE AS USER IF THE TERMS OF THIS CLAUSE 12 WERE NOT VALID, BINDING AND ENFORCEABLE.
You irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the State or country in which You are located.
13. Waiver of Jury Trial
YOU HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION CONCERNING THESE TERMS AND CONDITIONS OR RELATING TO OR ARISING FROM YOUR USE OF THE SITE OR SERVICES WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.
YOU HEREBY AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY ANY COURT AT A TRIAL WITHOUT A JURY, AND THAT M@C MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF YOU TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.
These Terms and Conditions may be amended at any time by M@C in its sole discretion. Use of the services and the Site constitutes acceptance of these Terms and Conditions, including any amendments.
Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.
Failure or neglect by M@C to enforce at any time any of the terms hereof will not be construed nor will it be deemed to be a waiver of M@C’s rights hereunder nor in any way affect the validity of the term or any part of these Terms and Conditions nor prejudice M@C’s rights to take subsequent action.
M@C will not be liable for any delay or failure to comply with its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its control.