AUCCU Terms of Service

1. AUCCU’s Role

AUCCU may act in one or more roles depending on the transaction, including as auctioneer, marketplace operator, agent for consignors, seller of AUCCU-owned property, facilitator of private sales, or provider of consignment, cataloging, marketing, payment, shipping, and settlement services.

The applicable role may vary by auction, lot, marketplace item, consignment agreement, invoice, or item page. If there is a conflict between these general Terms and specific auction terms, item terms, marketplace terms, or a written consignment agreement, the more specific terms will control for that transaction.

2. Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use AUCCU, register for auctions, bid, buy, sell, or consign property.

You may not use AUCCU if you are prohibited from doing so by applicable law, sanctions rules, export controls, or AUCCU policy.

AUCCU may refuse, suspend, restrict, or terminate access to any user, bidder, buyer, seller, or consignor at any time where we believe it is necessary to protect AUCCU, other users, consignors, buyers, sellers, the integrity of an auction, or compliance with law.

3. Accounts

You may need an account to register for auctions, bid, buy, consign, sell, submit items, receive invoices, communicate with AUCCU, or use certain features.

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

AUCCU may require email verification, phone verification, identity verification, payment method verification, billing verification, or additional review before allowing bidding, buying, selling, consigning, or other account features.

4. Auctions

AUCCU may conduct timed online auctions, live auctions, absentee bidding, phone bidding, marketplace sales, private sales, and other sale formats.

Auction dates, times, lot order, estimates, reserves, increments, bidding methods, payment deadlines, buyer’s premiums, seller commissions, shipping options, pickup options, and other terms may vary by auction or item.

AUCCU may, in its discretion:

• Refuse or revoke auction registration.
• Reject, cancel, or reopen bids.
• Withdraw, combine, divide, or re-offer lots.
• Correct cataloging or clerical errors.
• Resolve bidding disputes.
• Determine the winning bidder.
• Set or change bidding increments.
• Extend timed auctions or individual lots.
• Pass lots that do not meet reserve.
• Sell below reserve where permitted by agreement with the consignor or where AUCCU settles with the consignor based on the reserve or other agreed amount.
• Cancel or postpone a sale where necessary.

AUCCU’s decision on bidding disputes, lot closing, bid validity, and auction administration is final to the fullest extent permitted by law.

5. Bids Are Binding

All bids are binding offers to purchase the lot. If you are the winning bidder, you agree to pay the hammer price, buyer’s premium, marketplace fees where applicable, payment processing fees where applicable, taxes, shipping, handling, insurance if selected or required, storage charges, customs duties, import charges, and any other applicable charges.

You may not cancel a bid or purchase unless the auction-specific terms, item page, or AUCCU expressly allows cancellation in writing.

6. Buyer’s Premium and Marketplace Fees

Unless otherwise stated in the auction-specific terms or item page, auction purchases are subject to a buyer’s premium of 20% of the hammer price.

AUCCU may change the buyer’s premium for a specific auction, lot, category, buyer, or transaction if stated in the applicable auction terms, item page, invoice, or written agreement.

Marketplace purchases may be subject to a marketplace buyer’s premium or transaction fee of 3%, unless otherwise stated on the item page or invoice.

Payment processing fees, card fees, PayPal fees, wire fees, bank fees, currency conversion fees, and similar transaction costs may be passed on to the buyer where permitted by law and stated by AUCCU.

7. Taxes, Duties, and Import Charges

Buyers are responsible for all applicable sales tax, use tax, VAT, GST, customs duties, import taxes, export charges, brokerage fees, and similar government charges.

AUCCU may collect taxes where required or permitted by law. Failure by AUCCU to collect tax does not relieve the buyer of responsibility for any tax or duty owed.

International buyers are responsible for determining whether items may be legally imported into their destination country.

8. Payment

AUCCU may accept payment by PayPal, credit card, debit card, bank transfer, wire transfer, or other methods approved by AUCCU. Available payment methods may vary by transaction, buyer, country, auction, or item.

Invoices are payable by the deadline stated on the invoice, auction terms, item page, or other AUCCU notice. If no deadline is stated, payment is due immediately upon invoice issuance.

AUCCU may refuse certain payment methods, require cleared funds before release of property, require wire transfer for high-value transactions, require additional identity verification, or hold release of property until payment is fully received and cleared.

9. Late Payment, Default, and Collection

If a buyer fails to pay in full by the applicable deadline, AUCCU may treat the buyer as in default.

In the event of default, AUCCU may, without limiting other rights or remedies:

• Charge a late fee up to the lesser of 1.5% per month on overdue amounts or the maximum amount permitted by law.
• Charge reasonable collection costs, chargeback costs, bank fees, attorney fees, and administrative costs.
• Cancel the sale.
• Retain any deposit or partial payment where permitted by law.
• Re-offer, resell, or otherwise dispose of the item.
• Hold the buyer liable for any deficiency between the original purchase price and resale price, plus costs.
• Suspend or terminate the buyer’s account.
• Block the buyer from future bidding or purchases.
• Report unpaid invoices or pursue collection where permitted by law.
• Exercise any other rights available under these Terms, auction terms, invoice terms, written agreements, or applicable law.

All sales are final unless AUCCU expressly states otherwise in writing.

10. Storage, Pickup, and Release of Property

Unless otherwise stated, buyers must arrange shipping or pickup within 45 days after the sale.

If property remains with AUCCU more than 45 days after the sale, AUCCU may charge storage fees of $1 per lot per day, beginning on the 46th day, unless different terms are stated in the auction terms, item page, invoice, or written agreement.

AUCCU may withhold release of property until all amounts owed are paid in full and funds have cleared.

Pickup may be available only where stated in the auction terms, item page, invoice, or written notice from AUCCU. Some items may be shipping-only, pickup-only, warehouse-only, third-party location items, or subject to special handling restrictions.

11. Shipping, Insurance, and Risk of Loss

AUCCU may assist with shipping arrangements, but buyers are responsible for all shipping, packing, handling, insurance, carrier, customs, import, export, and related charges.

Shipping insurance may be optional unless AUCCU states otherwise. If a buyer declines available insurance, the buyer assumes the risk of loss or damage in transit to the fullest extent permitted by law.

Risk of loss passes to the buyer when the item is released to the buyer, the buyer’s agent, a carrier, shipper, freight forwarder, packing service, storage provider, or other delivery service.

AUCCU is not responsible for carrier delays, customs delays, import restrictions, seizure, loss, damage, or charges after property has been released to the buyer, buyer’s agent, or carrier, except to the extent required by law.

12. Item Descriptions, Images, Estimates, and Condition

All lots and marketplace items are sold as is and where is, with all faults, imperfections, restorations, repairs, wear, damage, age, variation, and defects, whether visible or not.

Descriptions, titles, estimates, photographs, videos, condition reports, measurements, weights, materials, dates, periods, cultures, attributions, provenance statements, and other information are provided for convenience and opinion only. They are not guarantees unless AUCCU expressly states otherwise in writing.

Images may not show all condition issues. Colors, scale, texture, surface, and appearance may vary due to lighting, photography, display settings, compression, restoration, age, or other factors.

Buyers are responsible for reviewing all available information, asking questions before bidding or purchasing, and making their own judgment.

13. No General Authenticity Guarantee

Unless a specific auction, lot page, marketplace item page, invoice, certificate, or written agreement expressly states otherwise, AUCCU does not provide an authenticity guarantee, attribution guarantee, condition guarantee, age guarantee, origin guarantee, authorship guarantee, material guarantee, provenance guarantee, or value guarantee.

No oral or written statement by AUCCU, its staff, specialists, agents, consignors, sellers, or representatives shall create a guarantee unless expressly stated as a guarantee in writing by AUCCU.

Third-party opinions, appraisals, certificates, literature references, and provenance information may be provided for reference only and are not guarantees by AUCCU unless expressly stated.

14. Restricted and Regulated Items

AUCCU may refuse, restrict, withdraw, or cancel the sale, consignment, shipment, import, export, or delivery of any item that may violate applicable law, regulation, sanctions rule, wildlife law, cultural property law, customs rule, platform policy, or AUCCU policy.

Restricted categories may include, without limitation, ivory, rhinoceros horn, coral, tortoiseshell, endangered species materials, protected wildlife, weapons, firearms, ammunition, alcohol, hazardous materials, cultural property subject to restrictions, stolen property, counterfeit goods, and any other illegal or regulated goods.

Buyers, sellers, and consignors are responsible for ensuring that items may be legally sold, purchased, shipped, exported, and imported.

15. Marketplace Sales

AUCCU may operate a marketplace where items may be sold by AUCCU, consignors, third-party sellers, or other parties.

Marketplace terms may vary by item. The item page, invoice, seller terms, or written agreement may specify whether AUCCU is acting as seller, agent, marketplace operator, or facilitator.

Unless otherwise stated on the item page or in writing, marketplace items are sold as is, without general authenticity or condition guarantees, and buyers are responsible for reviewing the item page and asking questions before purchase.

16. Consignments and Seller Terms

AUCCU may accept property for review, consignment, auction, marketplace sale, private sale, or other disposition at AUCCU’s discretion.

Submitting an item for review does not require AUCCU to accept the item, offer an estimate, provide an appraisal, list the item, sell the item, or enter into a consignment agreement.

Unless otherwise stated in a written consignment agreement, AUCCU’s default seller commission is 10% of the sale price.

Unless otherwise stated in a written agreement, AUCCU does not charge separate photography, cataloging, storage, insurance, or unsold item fees.

If a consignor withdraws an accepted consigned item within 30 days before the expected auction date, AUCCU may charge a withdrawal fee of 10% of the agreed reserve price, or if there is no reserve price, 10% of AUCCU’s low estimate, unless a different amount is stated in the consignment agreement.

Reserve prices, estimates, sale methods, timing, auction placement, marketplace placement, cataloging, photography, and marketing are subject to AUCCU approval and the applicable consignment agreement.

AUCCU may sell an item below reserve only where permitted by the consignment agreement, seller authorization, auction terms, or AUCCU policy. Where AUCCU sells below reserve but agrees to settle with the consignor based on the reserve or other agreed amount, the consignor’s settlement will be calculated according to that agreement.

Seller settlement generally begins after 30 days following completion of the auction or sale, provided that AUCCU has received cleared buyer funds, the item has not been returned or disputed, no chargeback or claim is pending, and all seller obligations have been satisfied.

AUCCU may offset seller commissions, fees, advances, shipping charges, storage charges, taxes, refunds, chargebacks, claims, or other amounts owed against seller proceeds.

17. Seller Representations

By consigning or selling property through AUCCU, you represent and warrant that:

• You have good title or legal authority to sell the property.
• The property is free of undisclosed liens, claims, restrictions, or encumbrances.
• The sale does not violate any law, sanctions rule, customs rule, wildlife rule, cultural property rule, intellectual property right, or third-party right.
• Information you provide about the item is accurate to the best of your knowledge and not misleading.
• You will disclose any known restoration, damage, repair, alteration, authenticity issue, title issue, ownership dispute, export restriction, or legal restriction.
• You will indemnify AUCCU for losses arising from breach of these representations.

18. User Content and Images

If you upload images, descriptions, documents, provenance materials, condition information, messages, or other content to AUCCU, you grant AUCCU a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, publish, translate, edit, crop, resize, store, distribute, and create derivative works from that content for purposes of review, cataloging, marketing, sale, auction, marketplace listing, recordkeeping, dispute resolution, fraud prevention, legal compliance, and operation of AUCCU.

You represent that you have the rights necessary to provide such content and that AUCCU’s use of it will not violate the rights of others.

19. Website Use

You agree not to:

• Use AUCCU for unlawful, fraudulent, abusive, or misleading activity.
• Interfere with auctions, bidding, marketplace activity, or site operation.
• Manipulate bids, shill bid, collude, or engage in artificial price activity.
• Use bots, scrapers, automated tools, or excessive requests without permission.
• Attempt unauthorized access to accounts, systems, or data.
• Upload malicious code or harmful content.
• Misrepresent your identity, authority, location, payment method, or eligibility.
• Violate sanctions, export controls, customs laws, wildlife laws, cultural property laws, or other applicable laws.

20. Intellectual Property

The AUCCU website, design, software, databases, text, images, logos, trademarks, catalog layouts, and other content are owned by AUCCU or its licensors, except for user-provided content and third-party materials.

You may not copy, reproduce, scrape, modify, distribute, sell, or commercially exploit AUCCU content without written permission, except as permitted by law.

21. Disclaimers

AUCCU provides the website and services on an “as is” and “as available” basis. To the fullest extent permitted by law, AUCCU disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted operation.

AUCCU does not guarantee that the website will be uninterrupted, error-free, secure, or available at all times.

22. Limitation of Liability

To the fullest extent permitted by law, AUCCU and its owners, officers, employees, contractors, agents, consignors, sellers, service providers, and affiliates shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages.

To the fullest extent permitted by law, AUCCU’s total liability for any claim relating to a transaction shall not exceed the amount of fees actually retained by AUCCU for that transaction, or where no transaction occurred, one hundred U.S. dollars.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

23. Indemnification

You agree to indemnify, defend, and hold harmless AUCCU and its owners, officers, employees, contractors, agents, consignors, sellers, service providers, and affiliates from and against claims, losses, damages, liabilities, costs, expenses, attorney fees, and demands arising from your account, bids, purchases, consignments, sales, content, breach of these Terms, breach of any agreement, violation of law, violation of third-party rights, payment dispute, chargeback, customs issue, title issue, authenticity dispute, or misconduct.

24. Governing Law

These Terms and all disputes relating to AUCCU, auctions, marketplace transactions, consignments, purchases, sales, invoices, shipping, accounts, and website use are governed by the laws of the State of Oregon, United States, without regard to conflict-of-law rules.

25. Dispute Resolution

Before filing any formal claim, the parties agree to first attempt to resolve the dispute informally by written notice to the other party. Notices to AUCCU must be sent to info@auccu.com and must describe the dispute, requested relief, and supporting facts.

If the dispute is not resolved informally within 30 days, the parties agree to submit the dispute to binding arbitration in Portland, Oregon, unless AUCCU elects to pursue collection, injunctive relief, provisional relief, or another remedy in court where permitted by law.

The arbitration shall be conducted in English by a single neutral arbitrator under commercially reasonable arbitration procedures agreed by the parties or, if the parties cannot agree, under rules selected by AUCCU that are reasonably appropriate for the dispute.

Either party may seek temporary, injunctive, provisional, or emergency relief in a court of competent jurisdiction where necessary to protect rights, property, confidential information, intellectual property, auction integrity, evidence, or the effectiveness of arbitration.

Subject to the arbitration provision, the state and federal courts located in Multnomah County, Oregon shall have exclusive jurisdiction and venue for disputes that may be brought in court.

26. Class Action Waiver

To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff, class member, or representative in any class, collective, consolidated, private attorney general, or representative action.

27. Changes to These Terms

AUCCU may update these Terms from time to time. The updated Terms will be posted on this page with a new effective date. Your continued use of AUCCU after the updated Terms are posted means you accept the updated Terms.

Auction-specific terms, item terms, invoices, consignment agreements, and written agreements may supplement or modify these Terms for particular transactions.

28. Contact

For questions about these Terms, contact: