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ayshei

Buy & Sell

Auctions

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Buyer Terms and Conditions for Auction Items

Welcome to Ayshei Portal LLC. By participating in our auctions, you agree to the following Terms and Conditions. Please read them carefully.

1. Introduction

These Terms and Conditions govern the relationship between Ayshei Portal LLC ("Company") and the Buyer ("Buyer") regarding participation in auctions on the Ayshei Portal LLC online auction platform ("Platform").

By registering and placing bids on the Platform, the Buyer agrees to comply with these Terms and Conditions.

2. Definitions

  • Item: Any product, including but not limited to memorabilia and art, listed for auction on the Platform.
  • Auction: The process through which Items are sold on the Platform to the highest bidder.
  • Escrow Period: The 3-day period during which payment for an Item is held by the Company before being released to the Seller.

3. Buyer Obligations

  • Registration: The Buyer must register on the Platform and provide accurate, complete, and truthful personal and payment information.
  • Compliance with Laws: The Buyer must comply with all applicable laws and regulations regarding the purchase and ownership of Items.
  • Binding Bids: All bids placed by the Buyer are binding and cannot be retracted.
  • Timely Payment: The Buyer must pay the winning bid amount plus any applicable fees and taxes within 3 days of the auction's end.

4. Auction Process

  • Bidding: The Buyer can place bids on Items during the auction period. Bids must comply with the specified bid increments.
  • Auto Bidding: The Buyer can set a maximum bid amount, and the system will automatically place bids on their behalf up to the maximum amount.
  • Winning an Auction: The highest bid at the end of the auction period wins the Item. If a reserve price is set and the highest bid does not meet it, the Item will not be sold.
  • Buy Now Option: Some Items may have a "Buy Now" price, allowing the Buyer to purchase the Item immediately, bypassing the auction.

5. Payment and Shipping

  • Payment: Payments for winning bids must be made through the accepted payment methods on the Platform.
  • Escrow: Payments will be held in escrow to protect both the Buyer and the Seller.
  • Shipping: The Seller is responsible for shipping the Item within 3 days of payment confirmation. The Buyer will receive tracking information once the Item is shipped.

6. Disputes and Returns

  • Escrow Period: The Buyer has 3 days from the receipt of the Item to report any issues. Payments are held in escrow during this period.
  • Dispute Resolution: The Company will mediate disputes between the Buyer and the Seller. The escrow period may be extended if necessary to resolve issues.
  • Returns: If the Item received is significantly not as described, the Company will facilitate a return and refund process. The Buyer must return the Item in its original condition.

7. Buyer Protection

  • Authenticity Guarantee: The Company requires Sellers to provide proof of authenticity for Items such as memorabilia and art. Buyers are protected against counterfeit items.
  • Satisfaction Guarantee: If the Buyer is not satisfied with the Item, they must report the issue within the escrow period for a potential return or refund.

8. Prohibited Activities

  • Shill Bidding: The Buyer is prohibited from placing bids to artificially increase the price or desirability of an Item.
  • Collusion: Collaborating with other bidders to manipulate auction outcomes is prohibited.
  • False Information: Providing false or misleading information during registration or bidding is prohibited.

9. Indemnity and Limitation of Liability

  • Indemnity: The Buyer indemnifies the Company against any claims arising from their use of the Platform, including but not limited to inaccuracies in listings or non-compliance with laws.
  • Limitation of Liability: The Company is not liable for any indirect, incidental, or consequential damages related to the purchase of Items on the Platform.

10. Termination

  • Termination by Buyer: The Buyer may terminate these Terms and Conditions at any time by providing written notice to the Company and ceasing to bid on Items.
  • Termination by Company: The Company may terminate these Terms and Conditions at its discretion, including for violations of these Terms and Conditions or the Auction Guidelines.

11. Governing Law and Dispute Resolution

  • Governing Law: These Terms and Conditions are governed by English laws
  • Amicable Resolution: In the event of any dispute or disagreement arising out of or relating to these Terms and Conditions, the Buyer and the Company agree to first attempt to resolve the matter amicably through discussion and negotiation.
  • Arbitration: If the dispute cannot be resolved through amicable discussions within 30 days, the dispute shall be referred to and finally resolved by arbitration under the Dubai International Arbitration Centre (DIAC) Rules.
  • Arbitration Process: The arbitration shall be conducted by a single arbitrator appointed in accordance with the DIAC Rules. The seat of arbitration shall be Dubai, United Arab Emirates. The language of the arbitration shall be English.

12. Miscellaneous

The Buyer may not assign their rights or obligations under these Terms and Conditions without the prior written consent of the Company.

 

Buyer Terms and Conditions for Non-Auction Items

1. Introduction

These Terms and Conditions govern the relationship between Ayshei Portal LLC (“Company”) and the Buyer (“Buyer”) for non-auction items sold directly on the Ayshei Portal LLC online platform (“Platform”).

By purchasing items on the Platform, the Buyer agrees to comply with these Terms and Conditions.

2. Definitions

  • Item: Any product listed for direct sale on the Platform.
  • Non-Auction Item: Refers to items that are sold directly by the seller without going through an auction process.

3. Buyer Obligations

  • Registration: The Buyer must register on the Platform and provide accurate, complete, and truthful personal and payment information.
  • Compliance with Laws: The Buyer must comply with all applicable laws and regulations regarding the purchase and ownership of Items.
  • Timely Payment: The Buyer must pay the agreed price plus any applicable fees and taxes at the time of purchase or at the agreed offline payment time.

4. Purchase Process for Non-Auction Items

  • Online Payment with Delivery:
    • The Buyer can purchase Non-Auction Items through the Platform by making an online payment. Upon successful payment, the Seller will arrange for the delivery of the Item to the Buyer.
    • The Buyer will receive tracking details for the Item once it has been shipped.
  • Offline Payment without Delivery:
    • The Buyer may also purchase Non-Auction Items by arranging an offline payment with the Seller.
    • In such cases, the Buyer and Seller are responsible for organizing the time and location for the exchange of the Item and payment.
    • The Buyer must inspect the Item before completing the offline payment transaction.

5. Payment and Shipping

  • Payment: Payments for Non-Auction Items must be made either through the Platform’s online payment system or directly to the Seller offline.
  • Shipping:
    • For online payments, the Seller is responsible for shipping the Item to the Buyer. The Seller must ship the Item within 3 business days of receiving payment.
    • The Buyer will receive a notification once the Item is shipped, including tracking details.
    • For offline purchases, the Buyer must collect the Item in person. No shipping is involved in such transactions.

6. No Returns Policy

All sales for Non-Auction Items are final. No returns, exchanges, or refunds are allowed unless explicitly agreed upon by the Seller. The Buyer is responsible for inspecting the Item prior to completing an offline purchase.

7. Prohibited Activities

  • False Information: Providing false or misleading information during registration or purchase is prohibited.
  • Fraudulent Activity: Any attempt to commit fraud through false payments, misleading product listings, or fake transactions is strictly prohibited.

8. Indemnity and Limitation of Liability

  • Indemnity: The Buyer indemnifies the Company against any claims arising from their use of the Platform, including inaccuracies in listings or non-compliance with laws.
  • Limitation of Liability: The Company is not liable for any indirect, incidental, or consequential damages related to the purchase of Items on the Platform.

9. Termination

  • Termination by Buyer: The Buyer may terminate these Terms and Conditions at any time by ceasing to purchase Items on the Platform.
  • Termination by Company: The Company may terminate these Terms and Conditions at its discretion, including for violations of these Terms and Conditions.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms and Conditions are governed by English laws.
  • Amicable Resolution: In the event of any dispute, the Buyer and Company agree to attempt to resolve the matter amicably.
  • Arbitration: If unresolved, disputes shall be referred to arbitration under the Dubai International Arbitration Centre (DIAC) Rules, with arbitration in English and governed by English law. The place of arbitration shall be Dubai, United Arab Emirates.

11. Modification of Terms

The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be communicated via the Platform or email.