PigeonRacer.com TERMS OF AGREEMENT The auction and related services provided by Trade Winds Advertising Inc through www.PigeonRacer.com, (hereinafter called PigeonRacer.com) are governed by these Terms and Conditions. If you use PigeonRacer.com, you agree to the terms as published on this website. These terms are subject to change without notice. Users and Members are responsible to review these Terms periodically. Your continued use of this site and the services following any posted revision or change will constitute acceptance of such changes. 1. Eligibility. Members can be designated as either Buyers or Sellers. Buying and selling on PigeonRacer.com is open to individuals over 18 years of age and entities that can form legally binding contracts under applicable law. Membership is open to persons or businesses with an active pigeon racing loft and reputable breeding stations. We also accept auctions for loft reductions, going out of business, and fundraisers. 2. Registration Rules. By using this website, you agree to the following rules: * The weekly auction begins and ends on Thursday, at 7:30 pm Eastern Time (USA). * All birds posted must be officially banded and have pedigrees. * All birds posted must have at least 1 quality photo and a pedigree photo (scan) with each bird. Photos that do not clearly show the racing pigeon, poor quality photos, or illegible scans of pedigrees will not be accepted. * In order to maintain a quality trading environment, all posted auctions are manually approved by the administrator. Sellers posting from Thursday evening (after the close of the auction at 7:30 pm) to Monday at midnight EST will see their auction(s) displayed on the website following administrator approval. Sellers posting on Tuesday, Wednesday or Thursday will not see their auction(s) displayed on the website until Thursday evening at 7:30 p.m., at the start of the new auction. (All times are Eastern Standard Time, USA). * A valid credit card is required during the registration process. Your card will not be charged unless (1) you select OPTIONAL "item featuring" when posting birds, (2) you make a sale and have end of auction fees, and/or (3) you are a buyer with the winning bid. Optional "item featuring" means, for example, featuring your auction on the home page or category page, making the listing bold or highlighted. 3. Fees and Services. Buyers: Registering, bidding, and buying on PigeonRacer.com are free to Buyers (but you must have and maintain a valid credit card to be included as a registered member). If you are the highest bidder upon the auction's completion, an invoice will be sent to you by email and your credit card will be immediately charged. Invalid credit cards or failure to make payment will result in the next highest bidder becoming the winner, or the bird(s) to be auctioned again. The hammered price is equal to the high bid; the server clock is the final arbiter of the "bid closing." The bird(s) will be awarded to the winning bidder (Buyer) at the hammered price. Sellers: Posting and selling activities shall incur listing/posting fees, commission fees, and/or collection fees. All fees due to PigeonRacer.com are the responsibility of you, the Seller. Unless otherwise stated, all fees are quoted in U.S. Dollars and are payable in advance. PigeonRacer.com strives to maintain a safe and secure buying and selling environment for all its members, and is committed to detering and preventing fraud. PigeonRacer.com reserves the right to process an authorization on any member's credit card for authentication and validation purposes only; any amount charged during the authorization process will be immediately refunded. 4. Disputes. PigeonRacer.com acts as the venue for Sellers to list items (or, as appropriate, solicits offers to buy) and for Buyers to bid on items; therefore, it has no control over the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. By registering with PigeonRacer.com, and in the event that you have a dispute with one or more users, you release PigeonRacer.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. PigeonRacer.com will assist the Buyer and Seller to the best of its ability in order to conclude the transaction. 5. Seller/Buyer Negotiation. By registering and trading with PigeonRacer.com, you agree to conclude any successful transactions through PigeonRacer.com and not to enter into any alternative seller/buyer negotiation or agreement outside of PigeonRacer.com's trading platform. YOU AGREE TO NOT ENTER OR DIVULGE PHONE NUMBERS, OUTSIDE WEB LINKS, OR EMAIL LINKS IN ANY POSTINGS OR MESSAGES ON PIGEONRACER.COM. OUTSIDE NEGOTIATION WILL RESULT IN YOUR MEMBERSHIP TERMINATION. If you are the highest bidder at the end of an auction, you are obligated to complete the transaction, unless exceptional circumstances arise, such as when the Seller materially changes the item's description after you bid, a clear typographical error is made, or the item is not as represented. Sellers: If you receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance. 6. Compliance. By registering with PigeonRacer.com, you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Without limiting any other remedies, PigeonRacer.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with this site. 7. Rights To Suspend or Terminate. You agree that PigeonRacer.com, in its sole discretion, may terminate any auction or Membership for any reason, and without notice, especially but not limited to the following reason: (a) if we believe that you are not abiding by the Terms and general rules of this web-site, (b) if you have repeatedly broken a certain term, (c) if you have listed a bird that is not banded, of poor quality or health, lacking a proper pedigree, or (d) if we believe you to be a non-paying bidder. If we suspect any form of dishonesty, we will suspend your Membership account/listing pending further investigation. 8. No Waiver. PigeonRacer.com’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of PigeonRacer.com's right to subsequently enforce such provision or any other provisions of this Agreement. PigeonRacer.com is a product of Trade Winds Advertising Inc. Contact Us: PigeonRacer.com, P.O. Box 15663, Fernandina Beach, Florida 32035 Telephone: 904-432-8398 www.pigeonracer.com PigeonRacer.com is a product of Trade Winds Advertising Inc www.tradewindsadvertising.com Email: info@tradewindsadvertising.com |
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