Buyers, Sellers and GallopCircle agree that the terms listed below shall govern each online auction sale.
REGISTRATION: All information provided by Buyer’s and Seller’s during the registration process must be current, complete, and accurate. Buyers and Sellers must be 18 years of age or older. GallopCircle ,at its sole discretion, may deny registration to any person or entity. If your contact information changes, then you are responsible for proper notification. GallopCircle will not be responsible for lost, delayed or misdirected notices in the event you do not update your information in a timely manner.
AGREEMENT TO TERMS: Access and use of any online auction site of GallopCircle (the 'Site') is subject to all specific terms and conditions set forth on any individual page within the Site and the terms and conditions of this User Agreement and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY ACCESSING THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE SITE USER AGREEMENT and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. When making an offer to purchase an item that is accepted, I agree that GallopCircle will not be a party to that agreement and will have no responsibility whatsoever for performance of the sale or delivery of the item upon payment. GallopCircle reserves the right to change the terms and conditions of the User Site Agreement from time to time, and it is the Buyer’s and Seller’s responsibility to review any and all changes made to these terms and conditions prior to each use of the Site. By using the Site, you agree in advance to accept any such changes. Our services are not available to minors. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind such entity to this Agreement.
INTERFERENCE: Buyer’s and Seller’s agree to not use any device, software or routine to interfere or attempt to interfere with the proper functioning of this online auction sale.
SUSPENSION / PERMANENT BAN / BLACKLIST: A Buyer or Seller will be suspended or permanently banned from the Site for providing false or fraudulent information when registering. A Buyer will be permanently banned from this Site for failing to honor an auction bid made under that Buyer's and will be Blacklisted with date of sale and amount payable posted on website for public viewing.
PAYMENT: The Buyer will pay the Seller directly. GallopCircle is acting only as a facilitator.
ITEM DESCRIPTIONS: The descriptions of items/lots appearing in the auction and in advertising are believed to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller or GallopCircle concerning any items/lots shall be construed as a warranty either express or implied. ITEMS AND LOTS ARE SOLD AS IS - WHERE IS. GallopCircle does not have control over the items or lots that are posted in the Site, and cannot make any guarantees. GallopCircle is not responsible for the actions the Owner/Seller and Buyer’s take before, during, and after the online auction sale, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to visits to this site.
CANCELLED BIDS AND OR RETRACTIONS: Once a bid is made and confirmed, it cannot be retracted. When a bid is made you manifest your intent and ability to buy the lot at
the bid price. A false or fraudulent bid may result in legal action. Any winning Bidder who refuses to purchase the lot may be banned from all future online auctions. There are no bid retractions. ALL BIDS ARE NON-CANCELLABLE ONCE SUBMITTED.
WITHDRAWAL OF ITEMS: From time to time, it may become necessary to withdraw items from a sale after they are listed. GallopCircle and the Owner/Seller reserve the right to do so at any time before or during the sale. The Owner/Seller’s of property sold through this Site reserve the right to reject any and all bids in their sole discretion.
INDEMNITY: Buyer accepts responsibility for and agrees to indemnify, defend and hold harmless GallopCircle and their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys' fees and expenses) related to, arising from or associated with Buyer's and Seller’s, his agents or representatives, use of the Site, including but not limited to transport of any auction items or lots, and arising out of, based upon, or resulting from any breach or violation by Buyer and Seller of this Site User Agreement or any use by Buyer and Seller of the Site or as a result of a dispute. GallopCircle facilitates an online service but is not a party to any actual transaction between the Buyer's and Seller's. GallopCircle does not guarantee the sale of your item or the accuracy of the items or photos. Owner's are responsible for accuracy and photos appearing on the site.
INTERRUPTION OF SERVICE: GallopCircle cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Buyer acknowledges that this auction is conducted electronically and relies on hardware and software that may malfunction without warning. GallopCircle, in its sole discretion, may void any sale, temporarily suspend bidding and re-sell any items or lots that were affected by any malfunction. The decision of GallopCircle is final.
PRIVACY: GallopCircle gathers information about Buyer’s and Owner/Seller’s for the purposes of conducting online auctions. GallopCircle does not sell or rent this information. GallopCircle uses electronic mail mailing lists to notify its customers about online auctions. If you are receiving a particular mailing and wish to discontinue receiving future mailings, simply forward the received e-mail to GallopCircle to have your name promptly removed from our list.
BID IS A CONTRACT: As a Buyer, placing a bid is a binding contract between you and the Owner/Seller and the bid cannot be retracted. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this Site, and winning, then not paying for the product is illegal in most states, and prosecution can result. The Owner/Seller’s of property sold through this Site reserve the right to reject any and all bids, in their sole discretion.
NO WARRANTY ON SITE USAGE: You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of GallopCircle. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.
FRAUD: Beware of scammers on the internet. Seller's are receiving Buyer inquiries from potential Buyer's in other countries. These Buyer's attempt to arrange the purchase of a horse with a cashier's check covering the price of the item plus shipping. After shipping, they request that you refund the shipping charges back to them or give the additional money to the shipping company. The cashier's check will be counterfeit. GallopCircle recommends that Buyer's get a vet check on horses when buying on the internet. Buyer's should use a vet of the Buyer's choice.