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This is a legal agreement between you, the site user, and the site owner, Intellidon Enterprises, Inc.
As a registered user, you agree by using SpecialtyCoffeeAuctions.com (the site) that you have read, understand, and agree to follow and adhere to these rules, terms and conditions of use. We only offer use of the site to individuals who are 18 years of age or older and who may lawfully enter into contracts under applicable law. Any user of the site agrees to adhere to any laws or statues which govern the use of the site. If you disagree with any of the following rules, terms or conditions of use, you agree not to use the site.
We may from time to time modify the terms and conditions of use described in this User Agreement for the site. If you do not agree with the modified terms of use, you agree not to use
the site. By using the site after we have made the changes, you are agreeing to abide by the new rules, terms and conditions of use.
Note that the individual sellers using the site are representing and conducting themselves as independent businesses and may have their own conditions of sale or payment which may be
applicable for the items which they offer for sale on the site in addition to the terms and conditions contained in this User Agreement as described below which pertain to SpecialtyCoffeeAuctions.com and
its parent company, Intellidon Enterprises, Inc., the sponsor of the site.
SpecialtyCoffeeAuctions.com
This web site is only a venue, a marketplace, where sellers are able to list their items for sale and buyers are able to bid and purchase those items.
For both Green Coffee and Equipment categories, buyers are purchasing items directly from sellers. As a result, SpecialtyCoffeeAuctions.com is in no way a party to or involved in any way with these third party transactions which take place as a result of connecting buyers and sellers on this website and, therefore, cannot be held responsible for any omissions or errors on the part of either the seller or the buyer.
SpecialtyCoffeeAuctions.com and its owner, is not responsible for the accuracy or legality of the descriptions and cannot endure that buyers or sellers will adhere to the site guidelines. Coffee buyers are advised to acquire a sample of the green coffee item under consideration for cupping and analysis prior to consumating a purchase. Samples can be ordered directly from the seller of the item as identified on the Item Detail page.
All buyers and sellers can be banned from using the site for any real or suspected violation or for any reason at all by SpecialtyCoffeeAuctions.com. We advise that both buyers and sellers review the recommendations in the Help section of the site for buying and selling in order to become better informed about the operations of the site.
Bidding and Buying
Every bid made on this site is a commitment to purchase the item being listed in an auction and each bid is a binding contract. Users who bid on an item and are the high bidder at the end of an auction where they met or exceeded the reserve price or are the high bidder where no reserve price was in place or who initiated a Buy Now transaction, are required to complete the transaction. Winning bidders who fail to complete a transaction may be blocked from the site or from that seller's items offered on the site. At the moment the buyer initiates a bid on an item listed on the site by a seller, he agrees by that action that he is liable for and is expected to complete the transaction if he is the resulting high bidder at the successful close of the auction.
a. Items on the site may have a minimum bid or reserve requirement and sellers are not obligated to sell an item unless the final bid meets or exceeds the minimum bid or
reserve price at the close of the auction.
In addition, some coffee items may be representative of the seller's inventory, but not the exact coffees currently available. As such, buyers should always request an exact sample of the coffee for which they wish to purchase, both prior to placing a bid and just prior to transport.
b. Sellers or owners of the items listed for sale cannot bid or purchase their own items, nor can they engage another related or unrelated third party to place a bid on their behalf. Doing so may result in the seller being permanently banned from using the site.
e. All items listed for auction are subject to extended bidding. In this process, bids received in the final 5 minutes of the auction term will extend the bidding by an additional 5 minutes. This time extension allows all users who wish to bid, time to bid towards the close of the auction and prevents bidders from waiting until the last moment to outbid another bidder. The bidding is able to continue until only one final bidder is left followed by a 5 minute period during which no bids are placed.
f. Bid retractions may be permitted on SpecialtyCoffeeAuctions.com under special circumstances. SpecialtyCoffeeAuctions.com retains complete control and has the right to terminate, modify, or re-start any bid for any reason. Although this situation should be a rare occurrence, if an item on which you are bidding is modified or discontinued; you agree to hold
SpecialtyCoffeeAuctions.com, its owners, officers and agents harmless from any legal action. Occasionally, we recognize that bids are made in error and want to help users who make a mistake bidding on the wrong item or who may have made a typographical error, but only if the error is reported immediately or within a reasonable period of time as determined by SpecialtyCoffeeAuctions.com and at its sole discretion. If the error is made during a non-working period of the day and only if no other bids were made following the bid in question, this period may be extended. Any fraudulent bidding or other activity on the site will be cause for immediate loss of user privileges.
g. We reserve the right to reject bids, suspend or block any user's access to the site at the sole discretion of SpecialtyCoffeeAuctions.com. Users who are blocked or otherwise
prohibited from bidding agree to forgo any legal remedy against SpecialtyCoffeeAuctions.com or the sellers on the site and agree that their names and user information may be shared with other SpecialtyCoffeeAuctions.com users to prevent them from accessing use of the site.
h. For Equipment & Supplies categories: after winning an auction, the seller will receive a courtesy email notice with the winning bidder's email address. All sellers are required to obtain the successful bidders information directly by this method, not by contacting SpecialtyCoffeeAuctions.com. If, after a reasonable period of time, a winning buyer fails to respond to the seller's inquiry, the seller may inform SpecialtyCoffeeAuctions.com and the buyer may be permanently banned from further user privileges
of the site. The courtesy email forwarded by SpecialtyCoffeeAuctions.com does not remove the responsibility of the seller directly contacting the winning bidder and obtaining the purchasers contact information. SpecialtyCoffeeAuctions.com is in no way responsible for any delays, incorrect email data, or other errors which may result from providing this courtesy email contact.
i. SpecialtyCoffeeAuctions.com reserves the right to remove any item from the site, modify descriptions, or make any changes to any auction at any time to correct mistakes or to provide
more information about an item in order to better clarify the item's description. SpecialtyCoffeeAuctions.com, for any reason and at any time, may refuse to process a bid, restrict bidding, or block a bidder from the site. All users of the site agree to hold
SpecialtyCoffeeAuctions.com, its owner, employees and agents, completely blameless for any of the above actions.
Listing Items for Sale
Any seller who does not follow these rules for listing items may be banned as a user from SpecialtyCoffeeAuctions.com.
a. Sellers listing items for sale on this website may use this site for both direct sale transactions or for promotional purposes to connect with potential buyers.
b. Items must be listed in the most appropriate category.
c. Item descriptions must accurately reflect the goods being listed and in no way take on the appearance of being misleading.
d. Sellers must offer only one item in a listing and may not offer additional products or alternative options or any other products in the description.
e. Items should be fairly priced. Sellers must not mis-price items or list "lost-leader" items at unreasonably low prices to lure sellers into a sales situation under false pretenses.
f. Sellers may not charge excessive shipping charges or try and include additional surcharges or any apparently hidden fees in or outside the description of an item.
Item price
The seller agrees that the final bid price in a successful auction that results in a winning bid at or above their reserve price or the winning bid if no reserve price is listed, or as a result of a Buy Now transaction, is the total price for the item and, for green coffee lots, includes all costs associated with transporting the item to the port of departure and delivered to the shipper unless other arrangements have been made directly with the buyer. The seller is also responsible for identifying, in the item description, the port of discharge from which the coffee lot will be shipped.
Although coordination for transport of purchased coffee lots from the country of origin to the destination country is the responsibility of the buyer or through negotiations with the seller, payment for transport is ultimately the responsibility of the buyer. See How to Pay For and Receive Items.
The cost of ocean freight should be determined prior to placing a bid or BuyNow purchase for coffee items. The only variable cost is the in-land transport to the buyers facility.
Sellers Warranty
The sellers on SpecialtyCoffeeAuctions.com warrant for the benefit of the buyer that:
a. An "item" refers to a specific quantity of goods as defined in the Item Description. For example, an item representing a quantity of green coffee beans may be defined in terms of a specific number of bags, each bag containing a specific number of pounds or kilos of coffee beans.
b. The item is accurately represented on the Item Description page and guarantees that the item shipped will be the exact goods represented in that description.
c. The seller has the legal right to sell the item, there are no encumbrances on the item offered for sale, and the clear and good title will pass to the buyer without any claims. The
seller does not have any information which would lead a reasonable person to believe the object was stolen.
d. The item has been lawfully obtained, imported or exported and all appropriate duties or fees have been paid. For Equipment & Supplies, the seller agrees to facilitate or help to coordinate the shipping of the item to the buyer. For Green Coffee, transport of the coffee lots purchased to the buyer's facility will be arranged through direct negotiations between the buyer and seller.
e. The item is not illegal to own, buy or sell.
Guarantee Policy
All items on SpecialtyCoffeeAuctions.com are guaranteed by the seller for authenticity and condition, subject to the specific terms of these guarantees listed below:
a. Each seller guarantees the authenticity of the object as described in the Item Description. This guarantee is only given to the person or company that bought the item and not to any third party or subsequent owner.
b. The terms of guarantee for authenticity do not cover descriptive terms or statements of opinion and only apply if the item is not materially the same as represented in the item
description. In the case of green coffee beans, the delivered item is guaranteed to be a part of the exact same lot as the sample that may have been sent by the seller to the buyer prior to the buyer
placing his first bid.
c. Each seller guarantees the condition of the item as described on the Item Description page. The guarantee warrantees that the description of the item condition is substantially correct based upon a fair and reasonable reading of the item description. No guarantees of condition are made for any related item such as packaging, containers or other non-item attachments.
d. All items sold on SpecialtyCoffeeAuctions.com are expected to be fairly represented by the item description, including any representative samples, videos, photos, images, documentation or any other reasonable information that helps to identify the item listed on the site. It is the sole responsibility of the seller to fairly represent the item. This representation is
solely the representation of the seller, and the buyer agrees to hold SpecialtyCoffeeAuctions.com harmless for any misrepresentation of the item by the seller. The buyer agrees that Equipment & Supplies auction transactions that result from a connection with a seller on the site is an independent transaction between the buyer and the seller and in no way involves SpecialtyCoffeeAuctions.com. In addition, SpecialtyCoffeeAuctions.com makes no representations or warrantees about any aspect of the items listed by sellers on the site.
e. All buyers on SpecialtyCoffeeAuctions.com agree to hold SpecialtyCoffeeAuctions.com, its owners, employees and agents completely harmless in any dispute and that any refund or canceled sale, constitutes the only remedy for any damages and that damages may under no circumstances exceed the payments made directly to SpecialtyCoffeeAuctions.com for any sale item.
f. If any seller breaches any of the terms of guarantee, the buyer must immediately contact the seller and seek to negotiate a recompense. For Equipment & Supplies items you may return the item in the same condition in which it was
received. Once the item has been returned it is the seller's responsibility immediately upon receipt of the item, to remit the entire purchase price to the buyer. In addition, the buyer may negotiate with the seller and arrange for partial compensation and not return the item, but this negotiation and arrangement is solely the responsibility of the buyer and seller and in no way will involve
SpecialtyCoffeeAuctions.com.
g. For coffee items, disputes fall under arbitrage rules and both parties are subject to the rules and regulations of the appropriate arbitrage body identified in their sales contract.
Payment Policy
Both Green Coffee buyers and Equipment & Supplies buyers will make payment arrangements directly with the sellers, not Intellidon Enterprises, and must be made in a manner acceptable to the seller. The seller may state a minimum number of days within which payment must be made before additional storage charges or other fees may apply, but in any case these additional charges will apply no earlier than 14 days from the close of the auction or Buy Now sale. The seller is not expected to ship the item until payment has been made or a payment guarantee has been arranged between the buyer and seller through an appropriate bank or financial institution.
If the buyer doesn't consummate the transaction by making payment within the required period of time, the seller may choose to cancel the sale and re-offer the item. Or, the seller may offer a late payment fee or extend to the buyer a longer term at his discretion. In either case, the buyer is still responsible to pay for and liable for the entire item price. If the buyer does not pay within the specified time, the seller may choose to pursue legal action. The buyer will be held liable for damages incurred, including costs to re-offer the item, full commissions, legal fees, and other related expenses and the buyer's account may be deactivated by SpecialtyCoffeeAuctions.com.
Sellers agree that SpecialtyCoffeeAuctions.com is in no way involved or responsible for the collection of payments or fees owed by the buyer in a transaction where the buyer and seller were connected on the SpecialtyCoffeeAuctions.com site.
Seller Transaction Fees
Sellers on SpecialtyCoffeeAuctions.com agree to pay for specific services as outlined in the Pricing section of the site. Such fees may include listing fees, commissions and optional enhancement fees such as listing the auction in a Featured Auctions section and other marketing related options. Listing fees and optional fees, when applicable, are
charged when incurred at the time the coffee lot is listed for sale in the auction. These optional fees are paid for through a shopping cart program on the website. See Privacy & Security Policy for information on our secure transactions.
Buyers are never charged for their activities as bidders on the site.
Shipping Policy
Transport for all good sole on this website will be coordinated directly between the buyer and seller.
If a seller is prevented from delivering an item because of circumstances outside of his control, such as weather, fire, illness or acts of God which requires the shipment to be cancelled, the seller will be liable only for the amount of the payment received by the seller from the buyer.
Limited License of Use
Users of the site agree to a limited license for personal or business use of the site with the express understanding that no data extraction of any kind is permitted except for the purpose of considering a bid.
Copyright Protection
All content on the site is the property of Intellidon Enterprises, Inc. and is protected by all applicable domestic and foreign copyright laws and international conventions.
SpecialtyCoffeeAuctions.com is a registered domain name owned by Intellidon Enterprises, Inc. and is protected by applicable USA and Foreign copyright laws. Any use of the content on the site, except for the purpose of considering a sale or purchase is strictly prohibited.
If you believe any material on the site constitutes a copyright infringement, please either reply in writing to the seller of the item if the information is contained within the item description or to SpecialtyCoffeeAuctions.com for any other information on the site and include your contact information, the name of the party that claims ownership of the copyright, the name of the contact person, description of the information in question, where it resides on the site, and a signed statement by you that the information is correct and you are authorized to act on behalf of the entity claiming ownership of the copyright.
Archived Images
The seller and the buyer, its successors, assigns, and heirs, acknowledge that they have no claim to the images of items listed on the site and that SpecialtyCoffeeAuctions.com has the right to use the images of purchased property for marketing purposes on this website in perpetuity with no restrictions and without compensation.
Indemnity and Limited Liability
SpecialtyCoffeeAuctions.com, its owners, employees and agents, and the sellers on SpecialtyCoffeeAuctions.com, will not be liable for any damages of any type which arise from the use of
the site, including: lost data, messages received, goods or services received, lost revenues or profits, or any transactions of any kind. Nor will SpecialtyCoffeeAuctions.com or the sellers be liable for indirect or consequential damages, or damages which result in lost profits arising from the use of the site. All users of the site agree to hold SpecialtyCoffeeAuctions.com, its owners, employees and agents harmless from any claims made by any third party for any seller's or user's failure to adhere to the rules and regulations governing the use of the site.
Site Functionality
All users of the site are prohibited from interfering with the proper functioning of the site or infecting the site with any programming routine which may interfere with the site
functionality.
SpecialtyCoffeeAuctions.com makes no representations or warranties of any kind whatsoever as to the site functionality. The site is provided "as is" and "as available" and the owners of the site may at their sole discretion discontinue use of the site or any features on the site or auctions either on a temporary or permanent basis for any reason and at any time with no liability to the user. Any material obtained in any manner from the site is at the discretion and risk of the user and any resulting damages to a computer, program, or data is the responsibility of the
user.
Links
Users of the site are advised that sellers may have links on the site to other web sites and SpecialtyCoffeeAuctions.com is not responsible in any way for the availability or content of those sites and is not in any way liable for any losses or damage that may result from the use of those
sites.
Arbitration
Any legal claim or controversy with users of this website arising over the terms of this agreement will be subject to binding arbitration in the state of Colorado, USA in accordance with the rules of the Arbitration Association of America, Inc.
Denial of Service
As the site owner, Intellidon Enterprises reserves the right to refuse service to anyone for any reason, especially when there is suspicion that a user is in some way abusing the system.
Severability
If any part of this agreement is for any reason unenforceable, the exclusion of that part will not affect the validity of the remaining provisions.
Privacy Policy
See separate document: Privacy Policy
Contact Information
All communications regarding these User Agreement Terms & Conditions or this site, should be sent through our Contact Us page or directly in writing to:
SpecialtyCoffeeAuctions.com c/o
Intellidon Enterprises, Inc.
3773 Cherry Creek North Drive, Suite 575
Denver, Colorado 80209 USA
Last updated January 23, 2008
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