BY REGISTERING IN OUR SITE, YOU ARE BOUND BY THE TERMS AND CONDITIONS OF THE AUCTION, WHETHER YOU HAVE READ THEM OR NOT.
1. REQUIREMENT: You must be licensed falconer to register and bid in our auction.
2. AUCTION SITE USER AGREEMENT: Buyer and Seller agree to these Terms and Conditions and affirm under penalties of perjury that all information furnished is true and correct. Buyer and Seller represent and agree that he/she is of legal age and is competent to form a binding contract.
3. BUYER’S PREMIUM: Buyers in this auction will pay a Buyer’s Premium to Hawks 4 Fun in the amount of 7% of the total price. The Buyer’s Premium is added to the winning, final bid to establish the purchase price. This premium covers costs for electronic financial transactions and providing services for Buyer accounts.
4. WARRANTIES, EXPRESSED OR IMPLIED: All items are sold AS IS, WHERE IS with all faults. ALL SALES ARE FINAL - NO REFUNDS AND NO EXCHANGES. HAWKS 4 FUN AND THE SELLER DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED. All items are available for inquiries prior to bidding.
5. BUYER’S UNDERSTANDING: By placing a bid on our site, Buyer agrees: a) to be responsible for any purchase made or actions taken by an Agent authorized by Buyer to act on Buyer’s behalf; b) that registration to bid is not assignable without the express written approval of Hawks 4 Fun; c) to make any sale transaction for this entry through Hawks 4 Fun; d) that if he/she has the winning, final bid, or accepted bid in auction subject to Seller Confirmation, Buyer has entered into a binding contract to make the purchase.
6. BUYER’S RESPONSIBILITY: Prior to Bidding, Buyer may: a) ask Seller for additional information; b) make an appointment with Seller to examine the items(s) at Seller’s facility; c) arrange with Seller to have a licensed veterinarian perform a prepurchase examination; or d) hire an agent or professional to inspect and evaluate the item(s).
7. SELLER’S REPRESENTATION: Seller is solely responsible for the correct, accurate and honest representation of the described item. Seller is solely responsible for the accuracy of all information that appears in the online sale description. Seller and Buyer agree to hold Hawks 4 Fun harmless from any claims arising out of any such inaccuracies or omissions. Seller is solely responsible for the accuracy of all information that appears in the description. Buyer agrees to hold Hawks 4 Fun harmless from any claims arising out of any such inaccuracies or omissions.
8. SHIPPING FROM SELLER TO BUYER: Buyer is responsible for the cost and arrangements for shipping of the item(s). Immediately after the end of the auction, Buyer shall contact Auction Administrator to arrange for payment and shipping information.
9. WITHHOLDING FUNDS: Buyer agrees that Hawks 4 Fun shall not be required to remit to Seller, the net proceeds of the sale of any item which is the subject of a dispute or claim by the Buyer, for misrepresentation, fraud, or breach of warranty, until such dispute or claim is resolved and the proceeds of the sale have been received by Hawks 4 Fun. The responsibility to resolve such a dispute or claim lies between the Seller and the Buyer. Notwithstanding any other provision hereof, should a dispute arise between the Seller and the Buyer, Hawks 4 Fun may retain its fees and costs and may hold in escrow the balance of any proceeds of sale in its possession, pending a resolution of the dispute. Any and all legal fees and costs incurred by Hawks 4 Fun may be deducted by Hawks 4 Fun from the net proceeds of sale still in their possession. Otherwise, the Seller and Buyer shall be jointly and severally liable for the same upon demand.
10. APPLICABLE LAW: These Terms and Conditions shall be governed by the laws of the State of Nevada.
11. BINDING ARBITRATION: BY VIRTUE OF THE FOLLOWING ARBITRATION PROVISIONS, ALL SELLERS AND BUYERS, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT THAT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION ARISING FROM OR CONNECTED WITH THE PURCHASE OR SALE OF HAWKS 4 FUN WEBSITE AND AUCTION SERVICES.
13. CHANGES TO TERMS AND CONDITIONS: We may, at any time, and at our sole discretion, modify these Terms and Conditions, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.