Online Auctions this Sunday Jan 29th & Monday Jan 30th starting at 8PM! Pick ups and in person shopping Fridays, Saturdays & Sundays 11-4! All Auctions won must be picked up by Sunday or items will be re-listed unless arrangements made! All Payment Methods Accepted!



Policies

Rules for Buyers and Users

 

When bidding on or buying an Asset, you agree to these rules:

  • You must register on our Site and provide us an accurate and verifiable mailing and physical address, telephone number, email address and other requested information;
  • You must be a real person, business or legal entity;
  • If you are an individual, you must be at least eighteen (18) years of age and able to enter into a legal contract;
  • If you are registering on behalf of a business or legal entity, you must have authority to enter into a legal contract on behalf of that business or legal entity;
  • Each bid is irrevocable. If you bid, you agree to pay that bid price for the Asset;
  • You cannot bid on your own Asset or Listing;
  • You are responsible for reading the full Listing before making a bid;
  • You may not copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Site or our Services;
  • You may not transfer or otherwise provide your username and password to another third party without our consent; provided, however, a username and password for a business entity can be transferred among authorized employees of the same business entity;
  • You may not engage in bribery, which we define as giving or offering anything of value in exchange for any unfair economic advantage, and not receive from any employee of Liquidity Services anything of value in exchange for an unfair economic advantage;
  • You must comply with all laws and regulations applicable to the purchase of the Assets and their later transport, use, resale or export; and
  • You are responsible for all bids placed from your account.

Access to our Services and Site

 

One Registration . A limit of one registration per business or individual will be enforced on our Site. We may deactivate duplicate registrations. Please contact customer service by email info@thewarehouseliquidation.com

 if you have multiple registrations. In such cases, we must approve the use of multiple accounts in writing and in advance. Further, a default by one account will automatically impact the related second account except as waived by us in writing.

Reservation of Rights . We reserve the right to do any of the following up to the time the Assets are removed:

· withdraw any Assets offered for sale;

· if Assets have been grouped together for auction as a single unit (a “ Lot”), combine (including in bulk), sub-divide, alter or amend any Lot;

· regulate bidding on any Online Auction including, but not limited to, refusing to accept any bid or facilitating automatic bids on behalf of buyers;

· delay or rescind the sale of any Asset for any reason;

· delay and/or condition removal from the premises subject to such conditions as we think fit to impose if, in the Seller’s opinion or our opinion, removal of any Assets or part thereof will be likely to cause serious damage to the seller’s premises or any other damage which the buyer is either unable or unwilling to rectify or if any removal is being done without an approved method statement and/or risk assessment where such a statement or assessment is required;

· delay or rescind a transaction if any party should claim possession of or title to all or part of an Asset prior to its removal from the Seller's premises;

If any of the above occur, our liability is limited to only return of the purchase price and any Buyer’s Premium (as defined in 5.9 below) paid for the Assets.

We reserve the right to do any of the following at any time:

· accept or reject all bids or orders;

· limit the bid or order amounts proposed by you, either alone or in the aggregate;

· refuse to do business with any party, including existing and former customers, buyers and sellers;

· limit, suspend, restrict or terminate our Services, your account, your access to our Site and your activities on our Site with or without cause or notice to you;

· limit or cancel quantities purchased per person, per business, per household or per order;

· reject any order or bid;

· revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your payment received.

We may also modify or discontinue part or all of our Services at any time. We may also condition a bid or order on:

· you providing us with credit information

· you fund earnest money for a bid with us, or

· you entering into a standalone bid deposit agreement and making a bid deposit.

We may apply any earnest money or bid deposit to an invoice for a winning bid or to any past due balances owed.

 

Buy-It-Now or Fixed Price Transactions. Transactions on our Secondipity marketplace and certain listings on our other marketplaces specify a fixed price purchase transaction or a buy-it-now option instead of making a bid. Prices and availability of Assets are subject to change without notice.

Shill Bidding Strictly Prohibited . To protect the integrity of our Site, we strictly prohibit shill bidding. Shill bidding is the act of bidding on your own Assets, either directly or indirectly, in an effort to artificially raise the price at which your Assets will eventually sell. This includes, but is not limited to, knowingly directing or allowing a third party to perform the artificial bidding against other legitimate bidders in the auction or sales event. Shill bidding is not only a violation of our policy, but shill bidding may also violate the laws of some countries, including the U.S. with respect to certain states, and, therefore, may subject anyone who engages in it to criminal prosecution. Notwithstanding the foregoing and where permitted by law, Liquidity Services may enter bids on the seller’s behalf, including when we act as the seller, up to (but not including) the reserve price on any Assets in any auction conducted pursuant to these T&Cs.

Restrictions on use of the Site . As a condition of your use of the Site, you shall not:

· upload, post, email, transmit or otherwise make available any content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;

· impersonate any person or entity, including, but not limited to, The Warehouse Liquidity Services Inc. personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

· use the Site in any way that violates any local, state, provincial, federal, national or international law or regulation or that is prohibited by these T&Cs;

· use the Site in any manner that could damage, disable, overburden, or impair the Site;

· use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Site and the Service;

· take any action that imposes an unreasonable or disproportionately large load on the Site or our infrastructure;

· interfere with or disrupt any computer networks involved in the provision of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

· interfere with any other party's use of the Site;

· use the Site in such a way as to gain unauthorized access to the computer systems of others;

· sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Site, including, but not limited to, your user account and password; or

· use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site, or otherwise engage in any data-mining activities using the Site or in any commercial use of the information obtained through the Site.

 

Sale Formats

Sale Formats . Across all of our marketplaces, we provide online listing and auction services that allow bidders to participate in several special sale formats, including, without limitation, allowing bidders to place bids in auctions that take place entirely online (“Online Auctions”) and to make offers on items subject to a negotiated sale procedure (“ Private Treaty Sales”).

Online Auctions . For Online Auctions on the Site and except as otherwise expressly provided in a Listing, a “Winning Buyer” must meet the Listing requirements, enter the highest bid online and be approved by the seller and The Warehouse Liquidity Services Inc. prior to removal of the Assets. By placing a bid on Assets, you represent, warrant and undertake that you have the authority and capacity to enter such bid and close the transaction and that any bid that you make constitutes an irrevocable offer to buy the Assets in question for the full amount of the bid. The Winning Buyer will be legally obligated to complete the transaction with the seller unless the transaction is prohibited by these T&Cs or by law.

Each bidder is solely responsible for checking the Site or taking such other actions as are appropriate to learn of changes to a Listing, including changes to the closing date or time. We will not be responsible for notifying any bidder of a change in any Listing. You bear the sole risk of transmitting bids so that such bids are received prior to close of the Online Auction. For Online Auctions, posted closing times and displays of current time on our Site are approximate. In addition, we reserve the right to close early or extend Online Auctions at our discretion.

No Minimum Auctions Compared to Reserve Auctions . For an Online Auction with No Minimum,” bidding starts with the bid increment and the Winning Buyer is the highest bidder. Sellers may set a reserve price for an Asset. At our or a seller’s own discretion, the Site may or may not display the reserve price for a Listing. For an Online Auction With Reserve , the Winning Buyer is the highest bidder who exceeds the reserve price, who meets the Listing requirements and is approved by the seller and Liquidity Services prior to removal of the Assets. If the highest bidder in an Online Auction “With Reserve” is below the reserve price, such bidder’s bid will be presented to the seller who may accept, reject or counter the bid. At an auction’s conclusion, a seller may elect that the reserve price be decreased to the level of the highest autobid if that bid is below the current reserve price with the effect that the highest autobid may be accepted.

Private Treaty Sales . Private Treaty Sales managed by us are listed online as a Private Treaty transaction type. In a Private Treaty Sale, bidders make a binding offer for Assets through the “Submit Offer” option. By submitting an offer, you represent, warrant and undertake that you have the authority and capacity to make such an offer and purchase the Assets and that any offer that you make constitutes an irrevocable offer to buy the Assets for the full offer amount. Sellers have thirty (14) calendar days (unless a different time period is stated in the Listing) to accept such offer. Once the offer is accepted, it becomes binding on the bidder.

Sealed Bid and Buy It Now . Sealed Bids are timed events where bidders are able to submit bids for Assets without seeing bids made by other prospective purchasers. For Sealed Bids and except as otherwise expressly provided in a Listing, a Winning Buyer must meet the Listing requirements, enter the highest bid online and be approved by the seller and The Warehouse Liquidity Services Inc. prior to removal of the Assets. By placing a sealed bid on Assets, you represent, warrant and undertake that you have the authority and capacity to enter such bid and close the transaction and that the bid that you make constitutes an irrevocable offer to buy the Assets in question for the full amount of the bid. The Winning Buyer will be legally obligated to complete the transaction with the seller unless the transaction is prohibited by these T&Cs or by law. If you purchase an item on a Buy It Now sale, you must pay the full invoice amount which will include the purchase price together with any other applicable charges and sales tax.

Winning an Online Auction, Make and Offer and Sealed Bid . When an Online Auction, Private Treaty or Sealed Bid in which you have participated closes and you are the Winning Buyer, we will notify you of this by e-mail, including the amount of your winning bid. Non-receipt of a Winning Buyer (or any other) email from us will not release you from your obligation to complete the purchase of the Lot.

Payments

If you are a Winning Buyer, you agree to make payment for the total transaction, including the shipping costs (if applicable), any other amounts specified in the Listing, and all taxes due, if applicable. We may issue invoices in electronic form by email. Any questions email us info@thewarehouseliquidation.com

Timing of Payment . Checkout must be made within 48 hours Payments must be made within 7 days of your order, Unless otherwise stated in the Listing; in a separate written agreement with us; or in an invoice from us, you must make payment in full within the time set by the marketplace. There will be no extensions of the payment period granted. Interest on overdue amounts will be paid by the buyer at a rate of 18% per annum or at such other maximum rate permitted by law, together with any legal or collection costs incurred by Liquidity Services.

Set-Offs . We reserve the right to set-off any fees or other amounts you owe us for any reason from any of your funds in our possession or that are paid or received from you for one or more purchases of Assets.

Holds . We reserve the right to restrict access to funds in your account based on certain factors, including, but not limited to, transaction history, performance, riskiness of the Listing category, government inquiry or investigation, our investigation of an alleged breach of these T&Cs or a breach by the seller of its agreement with us, or a dispute.

Currency of Payment . Payment shall be made in the currency specified on the relevant listing. Any bank charges in respect of conversion or transfer of monies shall be met by the buyer.

Forms of Payment . Unless otherwise specified in a Listing or on a marketplace on our Site, acceptable forms of payment include PayPal®, VISA®, MasterCard®, American Express®, cashier’s check, money order, wire transfer and company check with a bank letter of guarantee. Cash payments or E-transfers are also accepted. any questions email us info@thewarehouseliquidation.com

Credit Cards . In certain marketplaces on our Site, a valid credit card must be entered during bid or order submission regardless of the form of payment. Unless otherwise specified by a Listing or a marketplace, credit cards and PayPal accounts may be accepted for up to $5,000. We reserve the right to restrict newly registered buyers from using credit cards and we might require a different form of payment. No charges will be made to the credit card until the sales event has been closed and a Winning Buyer has been determined. We reserve the right to charge a $25.00 fee for any rejected credit card transaction.

No Third-Party Funds . Except with a cashier’s check or money order from a financial institution or as otherwise approved by us in advance in writing, all funds must come from you and we will not accept third party funds of any kind.

Charge-Backs . If you attempt to rescind a credit card transaction without our express advance written consent (i.e., a “charge-back”), then we may immediately and permanently de-activate your account in our discretion. If you perform a charge-back after receiving the Assets, we may file charges with the appropriate law enforcement agency and reserve the right to pursue all remedies available to us to recover any incurred damages.

Buyer’s Premium . A buyer’s premium is a fee charged to you that is a percentage of the sale price (“Buyer’s Premium”). The Warehouse Liquidity Services Inc. presently doe snot charge buyer's premiums. We reserve the right to change this at any time.

Liquidated Damages for Failure to Pay . Without limiting the foregoing, Winning Buyers will be held liable for any expenses, legal fees, court costs, and other damages incurred by us or the seller for the collection of fees or amounts not paid on the date they are due. If a Winning Buyer does not pay all amounts due in respect of the Assets within the requisite time, the Winning Buyer forfeits all rights to the Asset. Without limiting other claims, damages or other remedies available to Liquidity Services, upon winning an auction or sales event and failing to complete a transaction in the required time, a Winning Buyer agrees to pay liquidated damages in the amount of the greater of: two hundred dollars ($200) or up to 40% of the winning bid or offer price for each unpaid Listing of Assets.

Inspection of Assets

Inspection . Some Listings permit inspection prior to or during bidding or ordering. Sometimes, inspection requires an advance appointment or viewing Assets at specified public viewing times. Unless otherwise stated in a Listing every Asset offered for sale is used and may contain defects. If you bid or order without having inspected the Assets, you do so at your own risk. In the event, you are permitted to inspect the Assets, you must satisfy yourself with the condition of the Assets prior to bidding and you are not permitted to make any claim in respect of the Assets. If you need specific advice (e.g., engineering, scientific, risk management, appraisal, valuation, legal), please seek a professional who is licensed or knowledgeable in that area. You are solely responsible for selecting the appropriate Assets for your needs. Where advance inspection is prohibited, you must submit a dispute to the seller and us prior to removal of the Assets, regardless whether you or a third-party carrier picks up the Assets or arranges transportation. No disputes will be processed after removal of the Assets from the site by you or by your third-party carrier.

 

Personal and Property Risk . Persons attending during exhibition, inspection or sale of Assets assume all risks of damage of or loss to their person and property and specifically release the seller and The Warehouse Liquidity Services Inc. from any liability and are obliged to comply with all relevant health and safety obligations.

Delivery of Assets

Shift of Risk of Loss and Title Transfer . Unless specified otherwise in a Listing, delivery of the Assets is Ex Works the location of the Assets and title to the Assets will transfer to the buyer following receipt of all funds and upon removal of the Assets from the facility where the Assets are located (“ Removal Location”). Buyer is responsible for all title, registration, freight and transportation costs and shall use the Assets in accordance with all applicable laws.

Removal of Purchased Property . You agree to remove Assets purchased by you from the Removal Location where the Assets are located during normal business hours in accordance with the removal terms and within the time frame specified in the Listing or, if no time frame is specified, within the time set by us. Items Must be picked up within 7 days of winning or opting to purchase an item! If item is not picked up within 7 days it will count as a strike, 2 strikes is instant removal from our site! Maximum time your item swill be held is 30 Days. Items/orders not picked up within 30 days will be cancelled, re-listed and no refunds will be given. We may amend the timeframe for removal and any removal terms at any time. Time is of the essence in respect of removal of the Assets. You may have to schedule an appointment in advance with the seller operating the Removal Location and to only remove Assets under the supervision and pursuant to the instructions of the seller, The Warehouse Liquidity Services Inc. or one of our agents or appointed representatives. You may also be required to provide method statements and/or risk assessments and proof of adequate insurance for the removal of Assets to the satisfaction of the seller where the Assets require dismantling, rigging or hot cutting (or as otherwise required by the seller). You need to check the Listing for details. We or the seller must receive payment for Assets prior to their removal. If we or the seller voluntarily extend the removal period to accommodate your needs, you understand and accept that any liability and risk of loss does not rest with us or the seller but is at your own risk. To the extent you do want to limit your risk of loss you are responsible for insuring any risk of loss.

Buyer Responsibility for Loading and Transportation . Unless otherwise agreed to between a seller and you, you are responsible for the removal and transportation of the Assets you purchase, including all costs and risks associated with removal and shipping of the Assets.

Absent an express written agreement, we will not provide any support other than as set out in these T&Cs including but limited to not:

· giving any start-up assistance or trouble shooting support during any reassembly of Asset; or

· performing the role of shipper or exporter.

Your employees, agents and subcontractors are responsible for compliance with all federal, state, local and facility (the Removal Location) security, environmental, safety and health laws and regulations while removing and shipping Assets purchased by you. You are responsible for any damage to property, including spills or releases of hazardous substances, which might occur during the removal process.

Tailgate Loading Assistance at Certain Liquidity Services Warehouse Facilities . In our discretion, we will sometimes provide a free tailgate loading at certain Liquidity Services warehouse facilities. We do not guarantee providing this service and we will NOT guarantee a specific loading time. In consideration for this ‘no cost’ tailgate loading service, you agree to release, defend and indemnify us against third party claims, and hold us harmless and waive any claims, causes of actions, damages (including consequential damages or loss of use) or liabilities of any kind or nature associated with or caused by the tailgate loading service.

Buyer Required to Have Insurance Covering Its Loading and Transportation of Assets . To pick up the Assets, you and your agents must maintain adequate automobile and commercial general liability insurance, and minimum legally required workers compensation for your employees picking up the Assets. Upon request, you will provide us and/or the seller with proof of such insurance and, upon request, you will name us and/or the seller as an additional insured to your policies.

Personal and Property Risk . If you bring employees or third parties to attend or assist in the removal of Assets, you assume all risks of damage of or loss to their person and property and specifically agree to defend and indemnify the seller and The Warehouse Liquidity Services Inc. from any and all liability for such risks.

Abandoned Assets . We are not responsible for Assets not removed within the removal period specified in the Listing, or by us. If the Assets are not removed within the specified removal period and you have not received written confirmation of an extension to such removal period from us or the seller, we will consider that you have breached these T&Cs and abandoned the Assets. Accordingly, you will have abandoned all right, title and interest in the Assets, including their purchase price. We will provide you a notice of breach of the T&Cs and if such breach is not cured within five (5) business days, we may dispose, resell or destroy any abandoned Assets at your cost and expense without obligation to refund any previous payments for the Assets. We are also entitled to charge you additional storage and handling fees for each day after your scheduled removal date.

Utilities The Warehouse Liquidity Services Inc. shall have no responsibility to disconnect utilities to any sold Asset, including electric, gas, waste and water lines.

Seller’s Removal Location is a Potentially Dangerous Place . You acknowledge that the seller's Removal Location is a potentially dangerous place. In the case of some Assets, flammable, noxious, corrosive and pressurized substances may be present at a Removal Location. Heavy equipment may be operated, and electrical circuits may be live. Every person enters the Removal Location at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted at the Removal Location. You will advise your agents and employees of these risks. No person shall have any claim against Liquidity Services, the seller or their respective agents or employees for any injuries sustained or for damages to or loss of property that may occur at the Removal Location. Nothing in this clause shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of Liquidity Services or the seller.

 

Intellectual Property Rights

Trademarks and Publicity . You have no rights to display or use The Warehouse Liquidity Services’ tradenames, domain names, trademarks or service marks without our express written permission which we may withhold in our discretion.

The Warehouse Liquidity Services Inc.’ Ownership of Intellectual Property related to our Services and Site . You acknowledge and agree that our Services, our Site and any software and information used in connection with our Site (“Software”) contain proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that any content on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Listing Data . You may not: (i) record, store, duplicate, reproduce, re-broadcast or otherwise exploit any data or audio/video content transmitted to you as part of our Services or your use of the Site (collectively, “Listing Data”); (ii) frame or utilize any framing technique to enclose any Listing Date; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Site; or (iv) access the Site for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by The Warehouse Liquidity Services Inc. We own all right, title and interest in, or have a valid sublicense in, all Listing Data.

Notwithstanding these T&Cs or any written agreement entered into with you, The Warehouse Liquidity Services may: (1) gather transaction data from sellers, buyers, including you, to improve its marketplaces and its Services; and (2) compile, collect, copy, modify, publish, display, distribute and use aggregate transactional and performance data related, generated from or based on the sale and purchase of Assets on the Site for Liquidity Services’ analytical and other business purposes; provided, however with either (1) or (2) that we will not identify you as the source of such information to any third party. In the event of a sale of a marketplace or its assets to a third-party purchaser, we may transfer Listing Data and information related to your account if you have purchased Assets on that marketplace. Listing Data includes all such transaction and aggregate transactional data.

Ownership of Intellectual Property in Assets . You acknowledge that any software or intellectual property rights attaching to an Asset may not be the property of the seller or capable of transfer by the seller unless expressly stated in a Listing. Neither the seller nor Liquidity Services is in any way authorizing the use by you of such software or intellectual property rights and any use of such software or exploitation of such intellectual property rights shall be at your sole risk.

Disclaimer of Warranties

Our Services . We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services or our Site. Bid or order update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.

You agree that you are making use of our Services at your own risk, and that OUR SERVICES are being provided to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

Assets . Unless expressly stated otherwise in writing in a Listing, if you purchase Assets or place bids on or submit AN OFFER ON OR order Assets, you agree to accept such Assets AS IS, WHERE IS AND WITH ALL FAULTS.

UNLESS EXPRESSLY STATED IN WRITING IN THE LISTING, WE AND OUR SELLERS DISCLAIM TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE ASSETS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE ASSETS ARE FREE FROM LATENT DEFECTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, NATURE, CONDITION, GENUINENESS, AUTHENTICITY OR COMPOSITION OF THE ASSETS OR REGARDING THE COMPLIANCE OF THE ASSETS WITH THE REQUIREMENTS OF ANY SPECIFICATIONS, LAWS OR REGULATIONS. YOU AGREE TO REPAIR, AT YOUR COST, ANY LOT PURCHASED TO A SAFE OPERATING CONDITION AND, WITHOUT LIMITATION, TO A CONDITION WHICH MEETS ANY STANDARD OR REQUIREMENT OF ANY APPLICABLE AUTHORITY, LAW OR REGULATION INCLUDING THOSE CONCERNING ANY USE TO WHICH THE LOT MAY BE PUT.

YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS’ ABILITY TO ACHIEVE THE RESULTS YOU INTEND.

WE DISCLAIM ANY WARRANTY OR OTHER OBLIGATION ON ACCOUNT OF ANY CLAIM OF INFRINGEMENT OR MISSAPPROPRIATION OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN CONNECTION WITH THE ASSETS.

UNLESS OTHERWISE STATED IN A LISTING, PHOTOGRAPHS, VIDEO, AND WRITTEN DESCRIPTIONS ARE NOT INTENDED AS REPRESENTATIONS, BUT ARE PROVIDED SOLELY TO AID YOU IN DETERMINING WHICH LISTINGS YOU WISH TO PHYSICALLY INSPECT.

Secondipity Marketplace Warranty . Notwithstanding anything to the contrary in the disclaimer set forth above, all Assets purchased via our Secondipity marketplace are warrantied as merchantable for a limited period of thirty (14) calendar days from the date of purchase, but all other disclaimers set forth above apply.

Limitation on Liability

To the extent permitted by applicable law, we (including our officers, directors, employees and agents) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental, punitive or consequential damages) resulting directly or indirectly from:

  • Your use of or your inability to use our Services or Site;
  • Pricing, shipping or other guidance provided by us;
  • Delays or disruptions in our Services or Site;
  • Viruses or other malicious software obtained by accessing, or linking to, our Services or Site;
  • Glitches, bugs, errors, or inaccuracies of any kind in our Services or Site;
  • Damage to your hardware device or other computer systems or software from using any of our Services or Site;
  • A suspension or other action taken regarding your account;
  • Your need to modify practices, content, or behaviour or your loss of or inability to do business, because of changes to these T&Cs, our Services or Site;
  • Your inability to import or export Assets, or fines or costs incurred related to the import or export of Assets.
  • Any act or omission of a third-party, including without limitation third-party sellers and their agents; or
  • Any dispute between you and a third-party seller, including claims relating to Assets sold by such third-party seller on our Site.

You release The Warehouse Liquidity Services, Inc. (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) from claims, demands and damages (actual damages, damage to goodwill or reputation, lost profits, attorneys’ fees, intangible losses or any special, indirect, incidental or consequential damages) of every kind and nature, known and unknown, arising out of or connected with the above. Further, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release. If you are a California resident, this means you expressly acknowledge and agree to waive both known and unknown claims under the California Civil Code Section 1542, which provides that : “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Regardless of the previous paragraphs, if we are found to be liable for any reason, our liability to you or to any third party is limited as follows:

· If we are the owner and the seller of the Assets, our liability is limited to the (a) purchase price of the Asset (including any applicable sales tax), and (b) any Buyer’s Premium charged on the transaction.

· If a third party is the seller of the Assets, our liability is limited to our Buyer’s Premium charged to you.

Nothing in these T&Cs shall limit or exclude liability for death or personal injury resulting from the gross negligence or willful misconduct of seller or Liquidity Services or their respective employees or agents or any other statutory or other liability which cannot be limited or excluded under applicable law.

In the case of Assets located in the United Kingdom, notwithstanding any contrary provision in these T&Cs, neither we nor the seller limits or excludes its liability in respect of fraud, any breach of section 12 of the Sale of Goods Act 1979.

Defence and Indemnity

You will defend, indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these T&Cs, your improper use of our Services or our Site, your subsequent sale, use or handling of the Assets, or your breach of any law or the rights of any third party.

Disputes Among Buyers, Users and Sellers

Liquidity Services Arbitrates Disputes Among Users . As a general rule, an accepted bid or order is final. We will not adjust winning bids or orders after an auction or sales event is closed unless we determine in our discretion that the integrity of an auction or sales event was materially compromised. Detailed procedures for submitting disputes and claims for each marketplace can be obtained from customer service and you agree to submit yourself to these processes if a dispute occurs relating to the Assets or any other disputes between a seller and you, and to abide by our decision due to these dispute processes. The dispute resolution process is provided to sellers and buyers as a service, while the contract of sale remains between the seller and buyer. Sellers reserve the right to resell any lots that are subject to a dispute.

Claims for Incorrect or Inaccurate Description When Inspection Is Expressly Prohibited . If a Listing expressly provides that prior inspection of the Assets is prohibited, you must make a claim for any incorrect or inaccurate Listing description of the Assets prior to the removal of the Assets, regardless of whether you or a third-party carrier picks up the Assets or arranges transportation. In all other circumstances you are not able to make any claim against Liquidity Services or the seller in respect of incorrect or inaccurate Listing description of the Assets. You, your carriers, shipping companies or agents are responsible for unit count of the Assets and verification of Assets purchased at the time of removal. If the Assets are not acceptable for any reason, do not remove them. Once the Assets are removed, you waive any rights to make a claim.

Unit Price Transactions and Variances . When Assets are sold on a unit price basis, a seller may reserve the right to vary the quantity delivered by a percentage explicitly disclosed in the Listing. In such cases, you agree to accept any quantity within the disclosed variance limits. Outside these limits, the purchase price will be adjusted upwards or downwards under the quantity actually delivered and accepted by you. You must cooperate and provide all applicable documents to our customer service department in the event of a dispute regarding variances.

Return Policy on Secondipity . Our Secondipity marketplace permits you to return Assets purchased within thirty (14) calendar days of receipt by returning (in person) the Assets to the applicable marketplace’s pick-up/return center. Your only option is to receive a full refund for your purchase. Please follow the instructions provided by the applicable marketplace’s customer care department. Email us with any questions or concerns info@thewarehouseliquidation.com

14. Legal Disputes

Governing Law . For disputes between you and Liquidity Services entity, these T&Cs will be governed and construed in accordance with the laws set out in the table below without regard to the conflict of law rules of such state. The United Nations Convention on Contracts for the International Sale of Goods do not apply. The terms of the MCITA apply.

Unless otherwise indicated in a Listing, the applicable Liquidity Services contracting entity, notice address, governing law/venue and currency will depend on the location of the Asset at the time of sale, and shall be as set forth in the table below:

Location of Assets at Time of Sale

Liquidity Services Contracting Entity

Legal Notice Address

Governing Law & Choice of Language For Dispute

Governing Venue

Currency

Canada

The Warehouse Liquidity Services Inc.

544 Gilchrist Street Peterborough, ON

Province of Ontario

English

Province of Ontario

CA$

Jurisdiction . Venue for all disputes arising under or related to these T&Cs will be in accordance with table in Section 14.1. Each party irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.

California Residents Only . If you are a California resident, you may report, in accordance with Cal. Civ. Code §1789.3, any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Waiver . Our failure to exercise or enforce any right or provision of these T&Cs will not be deemed a waiver of such right or provision. Any waiver of any right, provision, term or condition must be in writing, signed by our authorized representative and be effective only for the instance specified in writing.

15. Taxes

Tax . All bids and orders are made net of any taxes imposed with respect to the purchase. You are liable for all such taxes or for establishing a valid exemption certificate from such taxes. You acknowledge and agree that we are providing a service in the calculation, reporting and remittance of sales or use taxes for transactions that arise in connection with your use of the Site, and you ultimately remain liable for any sales or use tax liability. We are not obligated to refund sales tax due to late submission of sales tax exemption documentation.

Value Added Tax or General Sales Tax . In some countries such as the United Kingdom, VAT (as defined below) applies to auctions or sales events. All bids and offers are net of any VAT and other indirect taxes imposed regarding the sale or purchase transaction. Buyers are liable for all such taxes for all purchases. The successful bid or offer in respect of any Asset will be exclusive of VAT and other indirect taxes, and the amount payable by you will be increased by VAT and other indirect taxes owed. Similarly, all fees and other amounts payable to us (including Buyer’s Premium) are calculated without regard to VAT so the amount payable by you will be increased for VAT if applicable. The amount payable will be subject to VAT if you do not provide all necessary documentation to the seller required to substantiate a VAT rate other than the standard VAT rate (e.g. 0% export rate or 0% rate for intracommunity supplies within the European Union) which will include: (i) satisfactory proof of export by the buyer; (ii) the corresponding amount of tax refund from the relevant tax authority or the seller and (iii) the relevant tax forms (if applicable). If you have a VAT registration number, you must enter it when registering on our Site and you are required to immediately notify us if it ceases to be valid. You will indemnify us (and our respective officers, directors, agents and employees) against any tax, cost or expense relating to you and/or seller’s failure to satisfy any VAT chargeable in relation to a transaction. For the avoidance of doubt, it is your responsibility to satisfy yourself that any VAT (or similar) charges or related obligations have been met in relation to a transaction. For the purposes of these T&Cs, “VAT” means value added tax as provided for in the EU VAT Directive 2006/112/EEC or similar tax in countries outside the EU.

Environmental Responsibility

Certain Assets may have components, parts, constituents or ingredients that may be corrosive, reactive, and ignitable or exhibit other hazardous or toxic properties. You are cautioned to remove, use and ultimately dispose of any hazardous components or constituents according to all applicable laws and regulations in a manner safe for the public and the environment.

Certain Assets or components of Assets may contain residual chemicals, friable asbestos, petroleum products and ozone depleting substances or other hazards. You acknowledge and agree that we are not responsible for providing documentation or certification regarding the identification or status of these substances.

Certain Assets may not necessarily comply with the Health and Safety at Work Etc. Act 1974, Environmental Protection Act 1990 or any other UK and/or EC Acts, Regulations, Directives or their applicable laws or equivalent or similar laws in any relevant jurisdiction.

Winning Buyers must comply with all environmental laws when disposing of Assets, including all laws related to waste disposal, air emissions, discharges, toxic substances and hazardous waste disposal. If you dispose of consumer electronics purchased through our Site or Services, you must dispose of such electronics using a certified electronics recycler (for example, R2 or eSteward certified), and failure to do so may subject your account to restriction and even deactivation, and other legal or equitable remedies that may be available to us. For the avoidance of doubt, Liquidity Services has no duty to remove any hazardous, toxic, corrosive, reactive or ignitable substances that are contained in or are a part of any Asset.

Jurisdiction Specific Clauses

China

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong international Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The seat of arbitration shall be Hong Kong.

The governing law of the arbitration agreement shall be the laws of the PRC.

The arbitral tribunal shall consist of one arbitrator appointed by the HKIAC.

The language of the arbitration shall be Chinese, and the award shall be in Chinese.

Europe

Bidder acknowledges that some items in the sale may not, or no longer, conform to the terms of the EU Directive on Machinery as implemented in the National Legislation of the relevant Member Country. Bidder shall determine to its satisfaction as to whether any lot is in conformity. Supporting documents that are not mentioned in the description of the lot are not present. Bidder shall export from the EEA or upgrade within six months, any item purchased that is non-conforming and prior to export or upgrading, the item will not be put into use or traded. Neither Liquidity Services nor any seller make any representation or warranty that the items offered for sale are importable into any country or that all the supporting documentation is present. Bidder agrees that any item purchased for importation into any country will be imported in compliance with the laws and regulations of that country.

 

Jurisdiction

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the LCIA Rules in force when the Notice of Arbitration is submitted.

The seat of arbitration shall be London.

The governing law of the arbitration agreement shall be English Law.

The arbitral tribunal shall consist of one arbitrator appointed by the LCIA.

The language of the arbitration shall be English, and the award shall be in English.

 

Capacity of Liquidity Services

Other than when The Warehouse Liquidity Services Inc. is acting a reseller:

· Liquidity Services is authorized by the seller as agent to receive payment for the Asset(s);

· Liquidity Services is appointed as agent and has the authority to negotiate and conclude sales of Assets on behalf of the seller;

· Liquidity Services payment by the buyer to Liquidity Services will fulfil or satisfy the buyer's obligation to pay the purchase price to the seller; and

  • The Warehouse Liquidity Services Inc. does not act as agent for the buyer.

 

APAC :

Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong international Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The seat of arbitration shall be Hong Kong.

The governing law of the arbitration agreement shall be English Law.

The arbitral tribunal shall consist of one arbitrator appointed by the HKIAC.

The language of the arbitration shall be English, and the award shall be in English.

.

Communication & Notices

Electronic Communications . When you use any of our Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or posting notices on our Site or through the other Services provided through our marketplaces. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If to you: Notices under these T&Cs will be given by email to the email address provided to Liquidity Services during your registration, or as subsequently amended by you. Notice shall be deemed given 24 hours after the email is sent. If your email address changes, you are responsible for notifying Liquidity Services of such change by updating your member account profile within the Site.

Miscellaneous

Severability . If any provision of these T&Cs is held to be invalid, void or for any reason unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

Assignability . In our discretion, we may assign your account and these T&Cs in whole or in part to any purchaser of a marketplace or all or a portion of our business. Users may not assign these T&Cs or their account without our prior written consent.

Amendments . We may amend these T&Cs (including any document incorporated by reference) at any time by posting the amended terms on our Site. Our right to amend these T&Cs includes the right to modify, add to, or remove terms in these T&Cs. All amended terms will automatically be effective after they are posted on our Site. Your continued use of the Site after our posting of any amendment will constitute your acceptance of such changes. Changes to these T&Cs will be effective from the time they are placed on our Site. You will not receive any other notice of a change in these T&Cs outside of posting updates to these T&Cs displayed on our Site.

Force Majeure . Except for the obligation to pay amounts due to the other party, neither party to these T&Cs will be liable for any delay or failure to comply with its obligations under these T&Cs if such delay or failure results from circumstances beyond its control. Neither party will be considered in breach of these T&Cs to the extent that any of its respective obligations (excluding payment obligations) are prevented by a force majeure event that arises after the date an obligation is due to be performed. The term “force majeure event” means an event beyond the control of either party that prevents one party from complying with any obligations under these T&Cs, including, but not limited to, severe weather, war or hostilities, insurrection, riot or civil unrest, strike or other labor action, environmental contamination or release of radioactive, chemical or biological agent into the atmosphere, epidemic, pandemic, terrorist act(s), cyber-attack, outage with respect to a third party hosting service (e.g. Microsoft Azure or Amazon AWS) or similar events beyond the reasonable control of a party.

Records the User’s Responsibility . We do not guarantee the preservation or maintenance of records relating to your transactions or the Services. We encourage you to keep individual records and an accounting of all activity conducted through our Site.

Independent Contractors . No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these T&Cs.

Third Party Rights . Sellers and auctioneers listing Assets on our Sites can enforce any term of these T&Cs. Otherwise no other person who is not a party to these T&Cs has no right to enforce any term of these T&Cs. You acknowledge this includes no rights under the United Kingdom’s Contracts (Rights of Third Parties) Act 1999 or otherwise.

Service Provider . You acknowledge that we are entitled to subcontract any of our contractual obligations or assign any of our rights related to the provision of Services described to third parties selected by us.

Survival . The following Sections survive any termination of these T&Cs: Payments, Liquidated Damages for Failure to Pay, Intellectual Property Rights, Disclaimer of Warranties; Limitation on Liability; Defense and Indemnity; Disputes Among Buyers, Users and Sellers; and Legal Disputes.

Copyright & Intellectual Property Policy . We respect the intellectual property of others, and we expect you to do the same. We respond to notices of alleged copyright or other intellectual property infringement. If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Site, you should contact our Copyright Agent. Provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Disclaimer of Third Party Content . While we may provide links to third party sites and services on our Site, they are provided to you solely for informational purposes. You agree that we are not responsible or liable for (a) the availability or accuracy of such sites, services or resources; (b) the content, advertising or products on or available from such sites or resources; or (c) the privacy policies and data collection, use or retention practices of such sites. The inclusion of any link on our Site does not imply that we endorse the linked site. You use such links solely at your own risk

Class Action Waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, You agree and understand that you will not bring against Liquidity Services, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class, CONSOLIDATED OR REPRESENTATIVE action related to your access to, dealings with, or use of our Site, AND ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

Liquidity Services’ Discretion . Any and all references in these T&Cs to actions, rights, decisions, options or waivers requiring our discretion shall mean the sole, absolute and unfettered discretion of Liquidity Services.

 

Privacy policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from thewarehouseliquidation.com (the “Site”). 

Personal information we collect 
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How do we use your personal information? 
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: 
- Communicate with you; 
- Screen our orders for potential risk or fraud; and 
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 

Sharing you personal Information 
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. 

Behavioural advertising 
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt out of targeted advertising by using the links below: 
- Facebook: https://www.facebook.com/settings/?tab=ads 
- Google: https://www.google.com/settings/ads/anonymous 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. 

Do not track 
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 

Your rights 
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. 

Data retention 
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. 

Changes 
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

Contact us 
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at  info@thewarehouseliquidation.com or by mail using the details provided below: 

The Warehouse Liquidity Services Inc., 789 Erskine Avenue, Unit B, Peterborough ON K9J 5V1, Canada

 

Terms of service

This website is operated by The Warehouse Liquidity Services Inc.. Throughout the site, the terms “we”, “us” and “our” refer to The Warehouse Liquidity Services Inc.. The Warehouse Liquidity Services Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province of residence, or that you are the age of majority in your province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns Policy. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall The Warehouse Liquidity Services Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless The Warehouse Liquidity Services Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - SEVERABILITY 
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 17 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 18 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada. 

SECTION 19 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 20 - CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at info@thewarehouseliquidation.com.