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Loveseat.com Online Auctions

Terms of Sale

Last updated October 29, 2019

Loveseat is a online auction platform that facilitates individuals buying and selling furniture and home decor; our only involvement in the transaction is to warehouse and photograph the items, conduct the auction, collect and disburse payments, and to facilitate in-person pickup. Loveseat is not responsible for actions of any consignors or bidders, the accuracy of listings, or the condition of any items.

These terms of sale are governed by Loveseat’s Terms of Service and applicable Online Auction Terms & Conditions.

Bidder Terms

When you use our Services to bid on an item, the following terms apply:

1. Pricing.
All prices are shown in U.S. dollars. Additional charges may apply - such as but not limited to a 15% Buyers Premium and any applicable Sales Tax. Loveseat uses an auction format, and prices change frequently as users bid on items.

2. Bidding.
All bids are binding. When you place a bid on an item, you certify that the credit card entered is yours and you are authorized to use it. You accept that a bid is a contract to pay and allow us to automatically charge your card on file for any winnings after the auction ends. Each time you register for an auction, your credit card may be authorized for an amount up to $10. This authorization is released from your card in 3-5 days whether or not you win an auction. If you win the auction, the funds are captured from your card. If you are outbid, or otherwise lose the auction, no charges will be made to your card. Bids happen very rapidly, and we make no guarantee that you will win the auction, even if it may appear so on your screen.

3. Errors.
We strive to be as accurate as possible, to eliminate errors on our Services and to work with consignors to eliminate any errors in our product listings. However, we do not represent or warrant that any product, description, photograph, or other information is accurate, complete, reliable, current or error-free. All items are sold "As Is" with no refunds. In the event of a technical error, we reserve the right to, but offer no guarantee that, we will correct the error.

4. All Winning Bids Are Final.
All winning bids are final and all items are sold "As Is" with no refunds. We offer in-person preview periods for each auction, which are detailed on each item page. If you choose not to preview your items before placing a bid, you are doing so at your own risk.

5. No Warranty.
All items are sold "As Is" and with all faults. Neither the consignor nor Loveseat make any express or implied warranties about the items sold via online auction.

6. No Returns or Refunds.
We do not accept returns nor provide refunds / exchanges; however, if you receive an item that has major defects not disclosed in the listing or the description in the listing was very inaccurate in important ways compared to the actual item, please contact support@loveseat.com immediately, and we will attempt to help you resolve the issue. If we have paid out the consignor of your item for the sale, our ability to resolve the issue is severely limited.

7. Item Receipt Process.
All items must be picked up on the published pickup date. In some cases, late pickup for a fee may be offered. If the items are not picked up on the specified dates, the item will be considered forfeit without a refund to your card.

8. Chargebacks.
If you file a chargeback after completing the item receipt process, Loveseat will promptly dispute this chargeback and you will be responsible for any and all costs including reasonable attorneys’ fees associated with our dispute. Your account will also be prohibited from future use on our platform. If you have any questions about a purchase, please contact us at support@loveseat.com.

9. Fees.
Loveseat charges auction-winning bidders a 15% Buyers Premium fee on top of their winning bid. This fee is reflected on the bid screen at the time a bid is being placed. There are no fees for non-winning bids. Sales tax will also apply to the aggregate purchase amount (winning bid plus Buyers Premium) for all bidders who do not have a valid Calfornia Reseller License.

10. Delivery.
Loveseat does not offer in-house delivery services. All items must be picked up from our warehouse on the specified pickup dates. Loveseat will work with any third party delivery provider of your choice but may require additional account verification actions.

11. Your Contact Information.
Loveseat aims to protect your privacy. Your name and contact information will never be shared with other bidders or consignors on our platform. This information is used privately by Loveseat for the sole purpose of facilitating the pickup of your auction wins.

12. Additonal Loveseat Rights.
Loveseat maintains the following additional rights:
- To monitor and limit bidder's activities (e.g. highest bid amount, number of auctions one person can bid on).
- To ban bidders who break these policies or violate the Terms of Service or Auction Terms.
- To accept or decline working with any bidder for any reason.

Consignor Terms

The following terms govern the sale of your products:

1. Fees.
Loveseat collects a commission fee equal to 40% of the auction price for most consignments. A $10 photo fee per lot may also apply. Loveseat may also deduct a pre-agreed pickup fee from the consignor payout if the items were picked up by our team and vehicle. Please note that individual consignors may have a different fee structure as outlined in their specific signed Consignor Agreement.

2. Payment.
Loveseat sends all payments via check on the Monday following the auction end. Loveseat will also email each consignor a detailed consignment summary with a breakdown of what each piece sold for and which fees applied. The amounts of consignor payouts are finalized on that Monday and may be different than previously shown on the website if there are special fee arrangements. Payment to the consignor is only issued for completed transactions.

3. Listings.
Loveseat reserves the right to review, edit or remove the listings for your consigned items at any time. Items will not be returned to the consignor under any circumstances after they have been listed in our auction.

4. Your Contact Information.
Loveseat aims to protect your privacy. Your name and contact information will never be shared with other bidders or consignors on our platform. This information is used privately by Loveseat for the sole purpose of facilitating the sale of your consigned items.

5. Representations and Warranties.
By consigning an item with Loveseat, you represent and warrant that: (a) any and all information you provide about your item will be accurate; (b) you will adequately disclose any flaws or defects in your item that could affect a bidders's purchase decision; (c) you have the right to sell the item (in other words, you legally own the item or have express permission from the owner to sell the item using our Services) and no one else will need to consent to the sale or transfer of the item; and (d) in the event of a complaint or dispute that arises in connection with your item, you will cooperate with Loveseat and the applicable buyer to resolve such complaint or dispute.

6. Item Damage.
Loveseat strives to do it's best to maintain the value of each piece consigned to us. However, when damage or breakage occurs, Loveseat will not be liable for any loss in value. In the event of damage, we will attempt to sell the item in "As Is" condition.

7. Taxes.
Loveseat collects and remits applicable Sales Tax related to the sale of your items. You are responsible for (and will indemnify and hold harmless Loveseat against) all taxes or other governmental charges associated with the income received by consigning with Loveseat. It is your responsibility to know if any applicable laws apply to you and report applicable income to the appropriate authorities. If Loveseat determines that it is required to collect or pay any such taxes or other charges, it may deduct such amounts from any balance payable to you or else invoice you for such taxes or other charges.

8. Title and Risk of Loss.
You own all right, title and interest in and to the products you sell through the Services until such products are purchased by the winning bidders. You bear all risk of loss for the products you consign through the Services until such products are purchased by the winning bidders. Upon successful payment of the auciton invoice, you thereby transfers all ownership in the item to winning bidder.

9. Additional Loveseat Rights.
Loveseat maintains the following additional rights:
- To ban consignors who break these policies or violate the Terms of Service or their signed Consignor Agreement.
- To monitor and limit the consignor's activities (e.g. transaction limits, number of listings, etc.).
- To withhold payments to a consignor for any reasonable reason, such as a dispute with a buyer, evidence of fraud or breach of the terms, irregularities in the consignor's account (as determined at our discretion).
- To accept or decline consignment of any item and/or to accept or delcine working with any consignor for any reason.