Auctions
Openherd Auctions is an internet venue to allow Openherd users with a valid account, contact information, and email address, to offer, sell, and buy items, at anytime, from anywhere, in a number of pricing formats, such as fixed price "Buy It Now!", and auction-style bidding. Additionally, Openherd auctions provide Sellers with integrated advertising of their items and the ability to contact any bidders on their item after their auction has ended, using anonymous messaging through their Openherd account.
Auction Plan Purchase, Fees, Commissions
Openherd charges a single annual plan fee or recurring monthly plan fee to use our auction system. There are no other fees associated with listing items for sale or any commissions charged on sales, except where explicitly stated as part of a separate agreement. All sale transactions are strictly between Seller and Buyer. Although it is the goal of Openherd to facilitate sales for its members, in no way does the purchase of an Openherd auctions plan promise or guarantee in any way the sale of an item. Openherd does not offer refunds on partially used auction plans or where a seller was not successful in selling an item.
Use of Openherd Auctions
By using Openherd auctions you acknowledge that we are not a traditional auctioneer. You agree to not hold Openherd responsible or liable for the information, actions or inactions, products and services, that other Openherd users list. Openherd is not involved in the preparation of any sales terms or contracts or in any transactions between Buyers and Sellers. Openherd has no control over and does not guarantee the legal ownership, quality, health, valid and/or required veterinary inspections, or safety of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction. A bid initiates a non-binding transaction representing a buyer's serious expression of interest in buying the Seller's item. Conversely, if you do not place a bid, you acknowledge that you have not expressed a serious interest in buying the Seller's item.
Auctions Sales
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement modifies any state or federal governing provisions, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services, and tools.
Openherd shall be the sole arbitrator of any disputes regarding auction operations, including, but not limited to, retraction of bids, disputes arising from bidding, a Seller ending an auction early, removal by Openherd of an auction listing, denying an item from being listed, and suspension of a user's right to bid or sell. In no way do any contract provisions of the Seller or lack thereof relating to the sale of an item have any bearing on how Openherd conducts its auctions, what it considers a "sale", or any other aspect of business on Openherd.com.
Auction Item Listings
By listing an item in an online auction, you as the seller acknowledge that you are solely responsible for providing accurate, truthful, and complete information about the item and clearly stating on the item's detail page the terms of sale, delivery, time frames, fees, features, discounts, breedings, any included or excluded options, and any other conditions or items related to the sale. Openherd accepts no responsibility for any contract or language included in an item's listing or associated with it in any way. Openherd accepts no liability for errors, omissions, or unfulfilled contractual obligations. It is recommended that all contracts be prepared and reviewed by a licensed attorney.
Selling an Item
Openherd assumes no responsibility and accepts no liability for ownership verification before an item is listed. Sellers are solely responsible for verifying ownership status and securing any necessary legal agreements to sell from all interested parties, including any lien holders on an item, whether or not the item is being sold in part, in whole, or for its services or products.
When a Seller lists an item in Openherd's online auctions, they acknowledge that they understand and have reviewed all of their auction listing information, including the item's category, the item itself, starting price, reserve price, Buy It Now! price, auction start and end dates and times, and auction duration, before clicking the "Post Listing!" button. The ending time of the auction listing is determined by the start time you specify.
Starting Price
The starting price is the price that the auction item will initially be listed at. If no reserve price is entered, the item may sell for its starting price and the seller will be obligated to sell to the highest bidder. Seller's who list items with no reserve price acknowledge that they are solely responsible for the pricing of their item and any subsequent sale that occurs due to a successful winning bid, regardless if it is not a price that the seller is content with.
Reserve Price
The reserve price (optional) is the minimum amount that the seller is willing to sell their item for. The reserve price is not shown to bidders but a "reserve not met" message will be displayed until a bid is received that meets or exceeds the reserve price. If an item does not receive a bid that meets or exceeds the reserve price, the seller is not obligated to sell their item and the high bidder is not obligated to purchase that item. However, if a bid is placed that meets or exceeds the reserve price and it is the highest bid at the time the auction closes, the high bidder is obligated to buy that item. If no reserve price is set, "reserve not met" will NOT be displayed and the first bid may become the winning bid and the high bidder at the time the auction ends (see Ending Auctions Early below) will be obligated to purchase that item.
Buy It Now! Price
Sellers have the option to include a Buy It Now! price. This gives bidders the option to buy an item right away at a known, fixed price and by doing so, end the auction early, making them the winning bidder. Bidders who use the Buy It Now! feature acknowledge that they understand that they are obligated to purchase the item for the Buy It Now! price.
Updating Auction Listings
Seller's may modify their item's pricing at any time prior to receiving a bid. Once a bid has been placed on an item you will no longer be able update the item's pricing. It is the seller's responsibility to verify that their item's pricing is correct before they list the item. If you make a mistake with the timing of your auction, you may end the auction early and re-list the item after the mandatory 24-hour 'cool-down' period.
Ending Auctions Early
A seller may choose to end their auction early at any time, whether bids have been received or not. If you do end your auction early and there is a winning bidder, you are still obligated to sell the item to the winning bidder, except for reasons detailed in Sales Transactions below. Should you discover a listing error, you should end your listing as soon as possible. When you end an auction early, buyers may feel disappointed. If bids have already been received, you are strongly discouraged from ending your auction early. If you regularly end auctions early, your account may be subject to account restrictions or other disciplinary action.
"Cool-down" Period
After any item's auction has ended, the item is not able to be re-listed for 24-hours afterward. This ensures that a newly re-listed item's auction is not confused with the prior listing.
Bidding
In order to place a bid, you must be a registered user of Openherd.com and have an activated account with complete and up-to-date contact information, including email address. As an auction Seller, you are not permitted to bid on your own auction listings. This includes the setting up of additional accounts for the purpose of bidding on your own auction listings. Openherd reserves the right to suspend or deactivate a Seller's account if they are found to be placing bids on their own listings. Openherd reserves the right to suspend or deactivate a Bidder's account if they fail to complete a purchase transaction without good reason, or if Openherd receives reports of unfulfilled obligations, dishonest dealings, or any other practice that is deemed inappropriate or inconsistent with the spirit or terms of our policies. Such determinations shall be at Openherd's sole discretion and be final. All prices and bids are in U.S. Dollars (USD).
By placing a bid, the bidder acknowledges that they have carefully reviewed the item's details and have asked the seller any questions pertaining to the item and the sale prior to bidding, including but not limited to, investigating or determining the accuracy of pedigrees, genetic background and traits, health records, show winnings, ownership, liens, veterinary inspections, medical or veterinary care, boarding fees, transfer fees, transportation/delivery, insurance, deposits, payments, interest, breedings, co-ownership, etc. By clicking the "Accept Bid" or "Accept Purchase" button, bidders acknowledge that they have carefully reviewed and confirmed the item for which they are placing a bid or purchasing, including the item's category. When you place a bid, your internet IP address is recorded and may be used to verify the legitimacy of bids or investigate any matters related to bidding.
If you bid an amount that meets or exceeds the item's reserve price and you are the high bidder at the time the auction ends, you will become the winning bidder. As the winning bidder, you will be obligated to buy the item and the seller will be obligated to sell the item to you. If no reserve price is specified, the seller will be obligated to sell their item to the highest bidder at the time the auction ends. It is the nature of online auctions that bids are often placed in quick succession as the ending time of the auction approaches. Whoever places the highest bid before the auction ends, will be the winning bidder, as long as any reserve price is met. In the case where the last bid placed is exactly equal to that of a prior proxy bid, the proxy bidder will be the winning bidder by virtue of having placed their bid first.
Sniper Protection
Any bid that is placed within the last 2 (two) minutes of an auction listing's closing time, will automatically extend the auction's ending time to 2 (two) minutes. This is known as "sniper protection" and is intended to give other bidders reasonable time to counter-bid should another bidder place a bid very close to the auction's closing time.
Network Latency & Timing of Bids
Due to factors outside of Openherd's control, such as internet connection speeds, network and server technologies, internet routing paths, geographic distances, and end-user computer equipment and software, we can not guarantee exact timing of bid submissions, bids received, and end-user auction status display. Therefore, Openherd assumes no responsibility or accepts no liability for bids that are not placed within reasonable time before an auction ends or for disputes arising over bid status, timing or receiving of bids, or the order of bids received.
Openherd auctions are conducted according to U.S. Central Time.
Proxy Bidding
When you place a bid, you can enter a maximum amount you are willing to pay for the item and let Openherd bid on your behalf up to that amount, should another bidder outbid you. If the Reserve Price has not been met, your maximum bid will automatically raise the current price of the item to your maximum bid amount, or the Reserve Price, whichever is less. Once the Reserve Price has been met, Openherd will bid incrementally on your behalf (proxy bidding), up to the maximum bid amount you entered (not displayed to other bidders). This ensures that you will never pay more than is necessary to keep you the winning bidder. By placing a maximum bid amount that exceeds the minimum bid amount, you acknowledge that Openherd will bid on your behalf up to your maximum bid and that, should you be the winning bidder, you will be obligated to purchase the item.
Bidder Activity
Openherd recognizes that one of the benefits of online bidding is that bidders' identities and bid amounts are kept confidential. Because of this, Openherd does not display any bidder activity at any time for visitors to see, whether they have an Openherd account or not, or are logged in or not. Sellers may view how many bids they have received on their item during an auction and, once the auction has ended, they are able to view bidder activity. Never are bidder identities revealed to the seller, except in the case of a winning bidder.
Bid Retraction/Cancellation
As a general rule, you can not retract or cancel a bid. Once you place a bid, you agree to pay for the item if you are the winning bidder. However, honest mistakes sometimes occur and in rare cases an account may be compromised and used to place illegitimate bids. If you feel you have a valid reason for retracting a bid, please contact Openherd Support immediately. Multiple bids by the same bidder on the same item indicate to a greater degree that the bidder is aware of what they are bidding on and of their intention to purchase the item, should they be the winning bidder. Openherd reserves the right to decline any bid retraction/cancellation for any reason at its sole discretion.
Bidder Contact
Once an auction has ended all bids are recorded in the seller's account, including bidder ID, date and time of bids, bid amount, and an anonymous link to send an email message to the bidder. Bidder identities and contact information, including their email address, are not revealed. Only a winning bidder's identity and contact information is displayed to the seller. The "Email Bidder" feature is provided as a courtesy to sellers to allow them to contact bidders who, by virtue of their bid, have indicated an interest in purchasing their item. The bidder's email address is never revealed unless the bidder replies to the seller's initial email. Openherd takes its users' privacy seriously. Openherd requires that as a Seller, your contact with bidders be kept respectful and modest. Excessive, harassing, or aggressive contact will not be tolerated. Such behavior may result in the suspension of this feature or, in serious cases, termination of the member's account.
Sales Transactions
Sellers are obligated to sell their item to the winning bidder unless they have reasonable grounds to believe that the buyer does not have the ability, means, or training necessary to adequately care for the item, or they do not have the means to pay for the item, that there is evidence the transaction may be an attempt at fraud, or there is evidence that the winning bidder has a history of unfulfilled sales agreements, payment(s), or contractual obligations. If you are the winning bidder of an item, you are obligated to complete the sale in a timely, professional, straightforward manner. All sales are to be conducted in U.S. Dollars (USD), unless mutually agreed upon by Buyer an Seller.
Sellers and Buyers acknowledge that any issues arising out of warranty, transportation, payment, or any other aspect of the transaction, are solely between Buyer and Seller and in no way are the responsibility of Openherd, or any of its agents, employees, advertisers or members.
Openherd reserves the right at its sole discretion to restrict, suspend or terminate a member's account immediately without notice if a pattern is determined of unusual or prolific bidding activity, if multiple complaints are received of unfulfilled purchases as detailed in Openherd's Auction Terms, or if fraudulent account activity is detected.
Sale Commission Fees on Auction Sales
If an agreement exists between Openherd and a third party to provide online auction services for which commission fees are to be charged on sales (whether bidding is exclusively online or a combination of online and live event bidding), the exclusive definition of a "sale" is when an Openherd auction ends with a winning bidder. No other contract language or terms may amend, add to, or supercede this definition. If an item has a winning bidder, commission fees become due, regardless of whether or not a purchase agreement between the Seller and Buyer is signed. If the winning bidder does not complete the purchase, defaults on the purchase, or backs out for any reason and within any timeframe, this does not establish grounds for the sales commission fee to be deducted or refunded. The final decision regarding sales commission fees shall be made by Openherd at its sole discretion.
Seller and Buyer Privacy
By listing an item for sale in Openherd's online auctions or by bidding on an item for sale in Openherd's online auctions, Sellers and winning Bidders agree to allow Openherd to use their names, business names, business logo, and provide links to their respective websites or web pages in post-auction reporting, advertising, marketing, emails, and other promotional activities. Openherd does not publish the identities of bidders who are not winning bidders.
Warranties and Disputes
Openherd makes no claim or statement as to the quality, health, value, or ownership status of the items listed, nor to the business practices of the Buyers and/or Sellers. Openherd assumes no responsibility or liability for items sold with outstanding liens or other interest or for any ongoing litigation, registration, or other disputes relating to ownership and/or the ability to register or transfer registration. All parties operate at their own risk and agree to indemnify Openherd and Alpaca Elite, LLC, and any of its agents, employees, advertisers and members against any loss, injury, damage of reputation, or expense that may occur as a result of any transaction.
Openherd reserves the right at its sole discretion to remove any item from its online auctions if it deems the item or the content of the item's details to be in any way misleading, untrue, misrepresented, inappropriate, disparaging to any individual or business, or if we believe any animal to be in poor health, mistreated, or in any other way not fit for sale or display on Openherd.com.
Brokering
Listing brokered animals in Openherd online auctions is allowed as long as the member whose account and farm name the auction is listed under 1. Is the legal sales agent of the animal; 2. Is the individual handling all sales correspondence and negotiations; and 3. Is the individual handling the sales agreement, transaction, transportation, etc. Partial ownership is not considered brokering.