LePrix Auction Terms & Conditions
Last modified: October 19, 2020
LePrix and its related sites, services, applications, mobile applications, domain names, and tools (collectively, the “Site” or “LePrix Auction”) are owned and operated by LePrix and its subsidiaries dba LePrix (collectively, “LePrix” , “us” or “we”). These terms and conditions explain the terms by which you may use the Site and our online and/or mobile services and software provided or in connection with the services (collectively, the " Service"), including by submitting bids as a " Buyer" for the purchase of items posted for auction by LePrix. These terms and conditions (the “LePrix Auction Terms and Conditions”) apply to all Buyers, visitors, users and others who register for or otherwise access or use the Service (collectively, “Users”). Buyers and Users may also be referred to herein as “you”.
Your use of the Site and/or the Services constitutes your express agreement to these LePrix Auctions Terms and Conditions. If you do not agree to these LePrix Auctions Terms and Conditions or if you are not legally competent to agree to them, then you may not access or use the Site or the Services.
These LePrix Auctions Terms and Conditions are in addition to the terms or conditions of any other written executed agreement (an “Additional Agreement”) you may have with us. In the event of a conflict between these LePrix Auction Terms and Conditions and the Additional Agreement, these LePrix Auction Terms and Conditions will apply unless expressly set forth otherwise in the Additional Agreement.
1. Eligibility to Use the Site and the Services
Qualification is provided only to those who genuinely desire to enter transactions. Terms and Conditions must all be fully understood and the descriptions of the items for bid must be fully acknowledged before using the Service.
While using the Site and/or the Services, you agree that you will not:
- Use the Site or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
- Use the Site or the Services if you have been previously suspended or removed from the Site or Services or engaged in any activity that could result in suspension or removal from the Site or Services;
- Directly or indirectly manipulate the price of any item or interfere with other Seller’s offerings;
- Circumvent or manipulate our fee structure, the billing process, any fees owed to LePrix, or any technical measures we use to provide the Site or Services;
- Fail to deliver payment for items purchased by you;
- Transfer or share your account and User I.D. with a third party without our consent;
- Create accounts that misrepresent your identity or use the personal information of others;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access or use the Site or Services;
- Access data not intended for you or log into a server or account which you are not authorized to access;
- Use the Site or Services in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Site or Services or that could damage, disable or impair the functionality of the Site or Services or otherwise interfere with the working of the Site or Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- Conduct fraudulent activities;
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to LePrix Auction. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to LePrix or someone else;
- Infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- Harvest or otherwise collect information about Users without their consent; or
If we believe you are abusing the Site or the Service in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Site and Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Site and Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Site and/or our Services. Additionally, we reserve the right to refuse or terminate all or part of our Site or Services to anyone for any reason at our discretion.
2. Procedure for Using the Service
- LePrix Auction platform is restricted to registered businesses only.
- Users may request access through the LePrix Wholesale request form, available on LePrix website : Shop Wholesale.
- LePrix accepts the request and recognizes the User based on the User ID.
- Users access the Service by logging in with the ID provided by LePrix and the Password through the designated procedure.
- Through the competitive auction, the highest bid received by the Seller that exceeds the reserve price will become the winning bid.
3. Bidding and Buying
Overview: the LePrix Auction is a listing, information and auction platform, restricted to registered businesses, that brings together Users consisting of wholesale Auction Buyers (“Buyers”) and wholesale Auction Sellers (“Sellers”).
- Once registered and accepted by LePrix, Users may select items and place their Maximum Bids on selected items.
- Placing a Maximum Bid:
- The Maximum Bid is the maximum amount the User agrees to pay for an item. This is a final price that would include shipping, taxes, customs, and duties to the United States of America. Submitting a Maximum Bid is a binding contract where the User agrees to pay up to the specified amount for the item.
- The Maximum Bid must be higher than the Minimum Bid informed in the product description for each item. Maximum Bids must exceed the Minimum Bid to be submitted for consideration. The Minimum Bid is the lowest bid the User may submit to participate in the auction of an item. The Minimum Bid is not necessarily equal to the Reserve Price. Reserve Prices are the minimum amount that the Seller is willing to sell an item.
- Unless otherwise explicitly stated by LePrix in writing, items presented in the LePrix Auction platform have a confidential Reserve Price. If the Reserve Price is not met, the item will not sell even if the User is the highest bidder at the close of the Auction.
- Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to LePrix. If you cannot pay for the items, please do not bid on the items.
- You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services and participate in the online auction), all bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time after the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item within 2 days of invoicing or by the payment due date. It is your responsibility to read the full item listing and to understand delivery conditions before you place your bid. All Maximum Bids are shown in US dollars and all taxes, shipping, and handling charges are included for buyers located in the US.
- For buyers outside the US, we ship internationally:
- Flat rate shipping fee of $49 per box for all international shipments outside of the United States of America.
- International buyers please note that you will be fully responsible for all import taxes, customs, and duties that your order may incur from the US to your location.
- Retracting a Maximum Bid: Maximum Bids may be retracted before the close of a LePrix Auction. To remove a Maximum Bid, Users may return to the product page and click "REMOVE" or access your active bids from your account menu, click edit, and click "REMOVE". All active Maximum Bids at the close of an auction are binding contracts for purchase if won.
- Editing a Maximum Bid: User may edit their Maximum Bids as many times as they please prior to the close of the auction. To edit a Maximum Bid, User may return to the product page and enter an updated bid in the text box or access their active bids from their account menu, click edit, and enter their updated bid in the text box.
- Winning an Item: Winning bidders will receive an email confirmation. The email confirmation will inform You of the item(s) You won, your maximum bid(s), and the actual winning bids. Accepted payment methods include wire payments, ACH via bill.com, credit card or Paypal. Payment must be received within 2 days of invoicing or by the payment due date.
- Cancellation after the Auction Closes: Users may not in any circumstances cancel items that are bought through the Service. However, Auction Sellers (“Sellers”) may cancel the transaction by paying below penalty to the User. Penalty expense: 20% of buying price.
4. Item Descriptions
- All items are sold “as is-where is” and you are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, may have patent and/or latent defects, may require touch-up or repairs prior to use, and the available information about these items may be limited.
- Descriptions are provided by Sellers. Of course, you may contact LePrix for more information; however, you understand that LePrix is only providing an opinion to assist with your independent determination. By providing an opinion, LePrix is not admitting to any responsibility for other Users' actions as stated above.
- It should be well acknowledged that the perception of the item quality varies depending on the User's individual value or owners’ and buyers’ positions.
- General evaluation is graded in 5 scales as S-A-B-C-D. Interior and exterior evaluations are graded in 4 scales as S-1-2-3. However depending on items, evaluation may only be either general evaluation or interior and exterior evaluation. For more information, check out our Auction FAQ.
5. Measures against Authenticity Assessment
- Each item is reviewed for authenticity and guaranteed authentic by the Seller. If authenticity is in question, LePrix will engage a third party authentication expert to review the item(s).
- Maintenance of Payment Information: In order to place a bid or list an item, you must have valid payment information stored in your profile. By providing your credit card information to LePrix, you irrevocably authorize LePrix to charge your credit card for the total purchase amount of any winning bid if your invoice is not paid by the due date or a date otherwise agreed to by LePrix. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with LePrix and that you are authorized to use the designated payment method. LePrix reserves the right in its sole and absolute discretion to cancel listings or bids or suspend bidding privileges of any user not maintaining valid payment information. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, and/or retain collection agencies and legal counsel. In addition, you may be subject to late fees and interest in LePrix’s discretion which will not exceed the maximum amount permitted by applicable law.
- Payment Methods Accepted: All invoices can be paid either:
- By wire, money order, bill pay, or checks within 2 days - no additional fee will be charged.
- By credit card or paypal within 2 days - a 3% processing fee will be added to the buyer invoice.
- For purchases outside of the U.S., the credit card or paypal processing fee is 4.5% of the total purchase amount.
- Failure to Pay: Any items not paid for in accordance with the LePrix Terms and Conditions within ten (10) days of the sale closing will be forfeited by you and, as to Consignment Items, LePrix may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of LePrix choosing.
- Late Payment Penalty: Failure to pay by the User will result in a late payment penalty of 26.82% annualized interest rate.
- LePrix retains a purchase money security interest under the governing laws of the State of Virginia, U.S. in the goods sold until payment in full has been made. In the event of default by purchaser, LePrix shall have all the rights and remedies of a secured creditor under the governing laws of the State of Virginia, U.S. Purchaser authorized LePrix to prepare any such financing statements and other documents as LePrix may require in order to perfect LePrix’s security interest.
- Items purchased in the LePrix Auctions are final sale and may not be returned unless the item is grossly misrepresented or presents a defect not noted in the description and/or shown in the images on the listing. LePrix must be contacted within three (3) days of the receipt of the item. In the event that an item is deemed misrepresented, a full refund will be issued in the form of LePrix Wholesale credit.
8. Email and SMS Alerts
By signing up for LePrix, you agree to receive emails and SMS text messages. If you would like to unsubscribe to these messages, please click Unsubscribe at the bottom of the email, reply STOP to SMS text alerts, or email [email protected]. By agreeing to receive SMS messages from LePrix, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all messages and data charges that apply to the use of your mobile device to access LePrix Wholesale. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
- Users should ensure smooth Service operations by providing prompt solutions to the disputes that arise through use of the Service.
- When Users show objections against judgement by LePrix and as a result LePrix deems it is unable to provide fair Service operation, such Users may be expelled or be deprived of full participation.
10. Cancellation of Contract, Purchase Price Reduction, Salvation
- If purchased items are found to be stolen or lost goods, irrespective of Seller’s intention or negligence, the User may cancel the purchase through the Service provided that it is within 6 months from the date the product was stolen or lost.
11. Credit limit
- LePrix sets the credit limit for the bidding price for each User, and Users are to abide by the following clauses:
- Credit limit is to be set by LePrix at its own discretion.
- No bids to items may be placed after exceeding the credit limit.
- If User desires to bid over the Credit Limit, User will send LePrix a written request by way of email or mail.
12. Termination of the Service
- When the User violates the Terms & Conditions, LePrix may terminate the Service without notification.
- If the Service is terminated due to the reason above, the User will be deprived of the benefit derived from the Service and must expeditiously liquidate necessary financial obligations to LePrix.
13. Notification on Revision to the Terms
- When deemed necessary by LePrix, Terms and Conditions and other relative rules may be revised at any time, and will be notified to the Users accordingly. Communication channel will be through emailing, telephone, written documents, etc.
14. Governing Law
- Execution and interpretation of the Terms and Conditions shall be governed by the laws of District of Columbia.