Auction and Contest Terms and Conditions

Auction Terms and Conditions

The items described in this catalog listing on this site [www.oneyearauction.com] (the “Site”) are offered for sale to be sold by means of an auction (the “Auction”) by One Year Auction. The following Auction Terms and Conditions (“Auction Terms”), as may be amended by notices posted on this Site during the Auction and Privacy Policy of One Year Auction, which are both incorporated herein by reference, govern the Auction.

1. The Auction paintings and other artworks are listed for a period of one year. Auction items will be made available at various times during the Auction in accordance with the Auction catalog listing. Participants should read the Auction catalog listing descriptions and familiarize themselves with the terms, conditions and restrictions pertaining to each Auction item offered by the Auction item donors before placing bids on particular Auction items. All wining bids on Auction items on this Site must be paid by means of bank wire transfer or Pay Pal by Buyer directly to the Seller, if applicable at the close of the Auction for the Auction item. All Auction items will be shipped by Seller directly to Buyer to an address as instructed by the winning participant. Bids for Auction items or "Buy Now" option include the cost of shipping. Unless otherwise stated in the Auction catalog listing, all travel expenses, meals, insurance or other items required in connection with the Auction items are at the winning participant’s expense.

2. Participants must be 18 years of age or older to bid on or otherwise participate in the Auction.

3. THE AUCTION CATALOG LISTING AND ALL ITEMS ARE OFFERED AND SOLD “AS IS”. ONE YEAR AUCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE AUCTION CATALOG LISTING AND AUCTION ITEMS, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE AUCTION CATALOG LISTINGS AND AUCTION ITEMS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND MERCHANTABILITY.

4. Auction Bidding:
Starting bid $1.00 to $100.00
Minimum bid increment $1.00
Buy Now option $100.00 to $1,000,000.00
One Year Auction reserves the right not to sell the item to the highest bidder at the end of the Auction if reserve sales price has not been met. Reserve sales price is set at One Year Auction discretion and will not be disclosed.

5. Registered Users can list their paintings or any other artwork on One Year Auction website for a period of one calender year. Users can do this by sending an email to oneyearauction@gmail.com with description of their artwork and attached picture of it. Item will be listed for a period of one year for a $49.95 flat fee. It's a flat $49.95 fee no matter of the final sales price. Users can state their own sales price via "Buy Now" option. Bids for Auction items or "Buy Now" option include the cost of shipping.

6. All bids placed or Buy Now option exercise are binding agreements to purchase the applicable Auction item at the full amount bid by the participant for such Auction item in accordance with these Auction Terms. All bids and payments must be submitted by means of the Site. Participants are not permitted to withdraw bids. One Year Auction and Seller reserves the right to reject a bid from any participant for any reason. The highest bidder as determined by One Year Auction shall be deemed the winning participant. If "Buy Now" option is exercised auction stops and the item is sold to the Buyer. If the participant submitting the highest value bid or exercising "Buy Now" option does not pay at all or does not pay in full for an Auction item within fourteen (14) calendar days, One Year Auction may, at its option, (i) refund any amounts paid by such participant and select the winning participant based upon the next highest bid as determined by One Year Auction; or (ii) resubmit the Auction item for Auction for the account and risk of such participant, either publicly or privately, and in such event such participant shall be liable for payment of any deficiency and all other charges due hereunder.

All payments must be submitted by Buyer directly to the Seller in U.S. dollars via Pay Pal or bank wire transfer. Buyer is responsible for any bank fees or charges that might apply. If winning bid is $10,000.00 or less the payment can be submitted via Pay Pal.

7. Participants agree to abide by the decisions of One Year Auction, and all decisions of One Year Auction with regard to the Auction are final and binding in all respects.

8. One Year Auction may withdraw any Auction item at any time for any reason before the close of the Auction for a particular Auction item. Unless otherwise announced by One Year Auction at the opening of the Auction for a particular item, all bids are per lot as numbered.

9. The purchase price of each Auction item represents the value of the Auction item purchased and is not a tax-deductible contribution to One Year Auction by the participant, except to the extent the amount of the purchase price exceeds fair market value of the Auction item. Following the Auction, winning participants will be sent a receipt indicating the fair market value of their items for their tax records.

10. By participating in this Auction, you agree to be bound by these Auction Terms. One Year Auction reserves the right at its discretion to disqualify any individual it finds to be tampering with the bidding process or the operation of the Site, to be acting in violation of the Auction Terms or to be acting in a disruptive manner or with the intent to annoy, abuse or threaten or harass any other person. One Year Auction RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AGAINST ANY PARTICIPANT OR ANY OTHER INDIVIDUAL WHO ATTEMPTS TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE AUCTION. By participating in this Auction, participants agree that One Year Auction, its shareholders, agents and representatives, affiliates, and subsidiaries are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, transportation, shipping, or any technical, computer malfunctions, failures, or difficulties, or human error, of any kind; (ii) any condition caused by events beyond the control of One Year Auction that may cause the Auction to be disrupted or corrupted; (iii) any errors or incorrect information contained in any materials associated with the Auction, including the Auction catalog listing; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participating in the Auction, purchase, possession or use of any item, including without limitation, personal injury, death, and property damage, and claims based on breach of warranty, misrepresentation, defamation, or invasion of privacy. One Year Auction reserves the right in its sole discretion, to suspend or cancel the Auction at any time if a computer virus, bug, or other technical or procedural problem impairs or corrupts the administration, security or proper conduct of the Auction.

11. These Auction Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law. By submitting a bid, each participant shall be deemed to have consented to the sole and exclusive jurisdiction of the state and federal courts sitting in the State of Florida.

12. All Auction items must be redeemed by the winning participant within 14 calender days from the close of the Auction, unless otherwise indicated.

13. Auction items involving events with One Year Auction personalities or other individuals are subject to scheduling restrictions and possible cancellation without notice due to causes beyond the control of such individuals.

Revised October 9, 2012

One Year Auction 2011