Terms & Conditions
Madeline’s Story Online Auction Terms & Conditions
Please Read Carefully Prior to Bidding & Buying Online at https://madelinesstory.com.au/
The Following Policies apply to the purchase of Online Auctions & Items only.
I HAVE READ AND UNDERSTAND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE AUCTION.
I HEREBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
I FURTHER AGREE TO BE RESPONSIBLE AND PAY FOR ALL PURCHASES.
Money Raised from Auction
All money raised from the auction will paid direct to Kids Cancer Project.
Bidding on Items
You must be an Australian resident and registered user at madelinesstory.com.au to bid on items. By bidding, you are stating that you are ready and willing to purchase that item for your bid amount, plus any shipping charges for physical items that cannot be picked up. If you are outbid, or your bid does not meet the reserve price, you are under no obligation to buy. But in all other cases, you are entering a contract to buy the item, and to deliver payment within the time period specified (48 hours from auction closing). If you cannot pay please don’t bid. Your bids are final and non-retractable. We will not accept e-mail bids.
All persons who wish to bid in the auction or want to purchase must register by creating an online account. To register, the Bidder must provide all of the registration information requested, and sign the Agreement by checking the ‘I AGREE’ box. By checking this box, you acknowledge that you are binding yourself to this contractual agreement. Bidders must be 18 years of age or older and have a valid driver’s license. Madeline’s Story reserves the right to refuse to register or admit any person at its sole discretion. Invoices and correspondence relating to purchases will be sent in accordance with the information on the bidder’s registration. Your registration will be accepted but your information will be verified and your account may be disabled until the necessary information is provided to verify the account.
Madeline’s Story will predetermine the number of Item(s) in an auction. Madeline’s Story will set the starting bid on each item. The Starting Bid is designed to encourage bidding. Minimum bid increments are indicated next to each item. If an item is incorrectly described online, Madeline’s Story reserves the right to rectify such error and email to all active bidders the correct description.
Disputes between Bidders
In case of any dispute between bidders, Madeline’s Story, at its sole and complete discretion, may reopen the bidding pursuant to specific terms determined by Madeline’s Story between the two highest bidders only, until the item is sold. If a dispute arises after the sale of any item, Madeline’s Story records shall be deemed conclusive in all respects.
(A) Buyer acknowledges that Madeline’s Story does not have any responsibility or liability for the website(s) used for Internet bidding. Seller acknowledges that Madeline’s Story may not have any control over the website(s) and cannot guarantee its operation or performance. There are occasional interruptions and delays relating to the use of the Internet and the Website. Furthermore, Madeline’s Story shall not be held liable (for lost profits or special damages) or responsible for the function of the website or its inability to function. Buyer acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Madeline’s Story.
(B) Individuals must reside within Australia to register to bid online. Madeline’s Story will not accept bids from individuals who reside outside of Australia. If you access the website from a location outside of Australia, Buyer consents to exclusive and continuing jurisdiction in Australia and agrees to be bound by and comply with all applicable laws.
(c) Winning bidders will be notified on screen at the time the auction closes and also via email at the auction close.
Madeline’s Story disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct item and ensure that his/her bid is for the amount intended. Madeline’s Story is not responsible for computer or human error which may result in any bidder’s dissatisfaction. We reserve the right to accept or reject any and all bids or bidders. The sale is complete when Madeline’s Story so announces.
Time of the Auction
An auction starts and will close on the dates specified on the auction item’s detail page. The auction has ended when Madeline’s Story’s website indicates the auction is closed. Bids will not be accepted after the close of the auction.
No auction item may be redeemed for cash.
Payment in full must be paid by Buyer in the form of major credit cards, prior to the delivery of any item purchased. Buyer shall pay the purchase price, shipping, and handling charges (if any). If any Bidder/Buyer does not pay Madeline’s Story for any Item(s) within forty-eight (48) hours after the end of an Auction, Madeline’s Story has the right to offer the item(s) to the 2nd highest bidder for payment. If Auction does not have a 2nd highest bidder, the item may be relisted for sale online or added to another auction item in the future. Failure to fulfill Buyer’s payment obligations will affect future bidding privileges.
Acceptance of Terms
A bid placed by any person shall be conclusive proof that he or she acquainted himself or herself with the terms and conditions of sale and agreed to be bound by such terms and conditions prior to placing any bid.
Limitation of Liability
IN NO EVENT SHALL MADELINE’S STORY BE LIABLE TO BUYER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AUCTION OR THE PERFORMANCE OR BREACH THEREOF. MADELINE’S STORY’S LIABILITY TO A BIDDER SHALL IN NO EVENT EXCEED THE TOTAL OF THE PURCHASE PRICE, BUYER’S PREMIUM, AND TAXES PAID BY BIDDER TO MADELINE’S STORY, REGARDLESS OF WHETHER BUYER’S CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
All online items are sold in “as is” condition. No returns will be accepted.