Reproduction and / or distribution and use of these terms and conditions constitutes a breach of the property of Encans Phoenix Inc. The Company and / or its directors reserves the right to exercise legal remedies in the event use of these elements without prior written consent from the company.
1. Phoenix Auctions Inc. declares that the Company may act as an auction house as an agent for third parties and may in no circumstances be considered an expert on the lots to be sold but as a professional corporation in charge of auctions according to the rules of art, decency and ensure the integrity of transactions.
2. The buyer acknowledges by his bids, to be satisfied with the information received on the spot or through the website live.encansphoenix.com and / or its subsidiaries sites if necessary. The purchaser acknowledges that it is possible that it has hidden defects and therefore accepts the peculiarities of the "auction", knowing that the items are sometimes used. He declares himself completely satisfied and buys at his risk and assumes the fact that there is no guarantee on his purchases. The buyer acknowledges that he has posed all the questions deemed necessary to Encans Phoenix Inc with respect to the sales procedures, and in particular for the coveted items and declares that the whole is to his complete satisfaction.
3. The buyer acknowledges that there has been no price negotiation in advance, the price offered is done freely and is fully satisfied in full knowledge of the facts.
4. The Purchaser acknowledges that he / she has examined the coveted items himself / herself and / or has had it examined by another expert to his satisfaction if necessary and accepts any defects seen and not seen and declares that he will make an offer accordingly Knowingly.
5. The purchaser acknowledges that all terms and conditions of sale are an integral part of the contract of sale and exempts consignees and Encans Phoenix Inc from any liability and waives any recourse against them or its affiliates.
6. Phoenix Auctions Inc is committed to offering as many payment options as possible to the buyer, however, the buyer assumes that certain payment methods may be denied to him, given the nature of the "Internet auctions".
7. Auction expenses (fees to the buyer) are 10%. These fees are applicable only to items won and exceeded the "Reserve" amount, if applicable.
8. When a lot is sold, the buyer is solely responsible for it.
9. Any bid is considered legal and irrevocable: none can be canceled due to misrepresentation, condition, defect, application or utility in any way or for any other reason.
10. Phoenix Inc, its affiliates and its officers agree not to outbid the lots offered for sale except where the latter legitimately wish to acquire the said lots. In this event, the applicable auction fees will be paid.
11. If a consignee use any stratagem to increase the bets on one of their own items, the consignee may see his item(s) removed from the auction and face a penalty of 25% on the highest valuation made by Phoenix Auctions Inc. or a third party. Consignees (sellers) retain the right to place bids on their items only in the event that they wish, during the auction, to withdraw their goods from the sale. A 25% fee will be applied and the consignee will be charged their item in addition to the applicable auction fee.
12. Phoenix Auctions Inc. may remove, omit or add any lot to the sale at any time.
13. In the event of any misunderstanding, Phoenix Inc Inc. may immediately resell any lot that is the subject of the said misunderstanding, the buyer deferred to the final decision of Encans Phoenix Inc.
14. Neither Phoenix Inc Inc., nor the consignees are responsible for any errors or omissions in the description, which is a guide only. The purchaser relies on his / her knowledge, his / her examination of the items coveted and his / her judgment.
15. All descriptions as to condition, condition, functioning or year of manufacture of each item or lot are in no way a guarantee or implied, the goods being sold lot by lot as seen on the spot at the buyer's own risk, unless otherwise specified.
16. No claim may be made after the award of a prize. Handling, loading, transport, repackaging, use, disposal and possession of any other use shall become the buyer's sole and exclusive liability upon the award of the contract.
17. No purchaser may recover part of the purchased lots, all purchased lots are considered to be a single bulk purchase and all deposits are "bulk" to the "bulk" package of purchases and not on a particular lot.
18. The purchaser must take possession of his property at his own expense, risk and liability within the twenty-(21) business day following the auction. After this time, a fee of $ 2 per day per item will be applicable if the item or lot has been paid. Alternatively, the item or lot will be put up for sale and a negative rating may be made to the buyer on the electronic auction platform affecting his "score" of bidder.
19. Any deposit will be withheld or seized by Encans Phoenix Inc. if the balance owing on the whole of any purchase is not paid within the 21st business day following the sale. If the purchaser, within the prescribed period refuses to take possession of all his purchases, thereby declining any right of ownership, EncansPhoenix Inc will retain the full right of possession. Phoenix Inc may, at its discretion, store, dispose or resell such property without notice to the purchaser and if the net proceeds of the resale is less than the price originally offered by the purchaser, the buyer shall be held liable and shall, claim, pay any deficit incurred without protest, plus interest, costs and damages in accordance with the provisions of article 1765 of the Civil Code of Québec.
20. Should the buyer fail to deliver any batch due to fire, theft, ties, seizures, mortgages, trust deeds or any other reason arising out of this accident, without any liability or other remedy against Phoenix Encans or the principals.
21. Phoenix Auctions Inc. will issue a Buyer-Bidder number to any person or cancel it at any time.
22. A purchaser who, by mistake or accident, causes damage to his own property or to property of other parties, as well as to buildings, other outbuildings or lands, is liable.
23. Sales prices are recorded for all references.
24. Phoenix Auctions Inc does not give any warranty under the Consumer Protection Act and the purchaser freely agrees to do so.
25. The buyer waives the seller's legal warranty against hidden defects, and more specifically the provisions of articles 1726 et seq. Of the Civil Code of Québec.
26. Without limiting the foregoing, Phoenix Inc Inc. reserves all other remedies permitted by law.
27. This auction platform may be shared or used by third parties only with the implicit consent of Encans Phoenix Inc. and all terms and conditions are applicable to such parties.