Terms and Conditions
K-BID Online, Inc. (“K-BID”) is responsible for maintaining the K-BID.com website. K-BID.com serves as the venue used by independent auction companies (“Affiliates”) to present their online auctions to bidders. The following terms and conditions apply to every auction posted on the K-BID.com website. These terms and conditions relate to general website policies and procedures. In addition to the website terms, each auction appearing on K-BID.com has auction-specific terms. The auction terms appear at the bottom of every auction page. By placing a bid on K-BID.com, bidders are verifying they are at least 18 years old and acknowledging they understand and will comply with both the K-BID.com website terms and the auction-specific terms.
1. Eligibility and Registration
- Bidders must be at least 18 years of age and legally capable of entering into binding contracts.
- Registration requires legal name, address, phone number, email address, and valid credit card for verification.
- False or incomplete information, or registration on behalf of another without legal authority, constitutes fraud.
- Bidders are responsible for safeguarding account credentials. All bids placed under an account are binding on that user.
2. Bidding
- Each bid constitutes an irrevocable, binding offer to purchase the asset at the bid amount.
- Bids may not be retracted or canceled once submitted.
- The highest valid bid at auction close, plus applicable buyer’s premium, taxes, and fees, forms a binding contract.
- Bidding errors must be reported in writing before the auction begins to close. No corrections are made once closing begins.
3. Fraud Prevention and Duty to Report
- K-BID employs fraud detection protocols including credit card/phone verification, account history, and bid monitoring.
- K-BID may suspend, terminate, or ban accounts for suspicious activity.
- Sellers and consignors are prohibited from bidding on their own assets.
- If unauthorized use of an account is suspected, the bidder must notify K-BID immediately and provide a police report. Failure to do so renders the bidder fully liable.
4. Payment Obligations
- Full payment must be made in accordance with auction-specific terms.
- Buyer’s Premium:
- Personal property: 15%, capped at $1,500 per item (unless otherwise stated).
- Real estate: varies by auction and uncapped.
- Sales tax is collected on the total purchase price unless valid exemption documentation is provided before removal.
- Credit card minimum transaction: $5. Maximum: $5,000, unless otherwise permitted by the Affiliate.
5. Chargebacks and Payment Disputes
- All sales are final. Payments may not be reversed or canceled.
- Bidders waive the right to initiate chargebacks or reversals with financial institutions.
- Any chargeback is a breach of contract and results in:
- Permanent account termination, including household accounts.
- Penalty fee equal to 20% of the disputed invoice plus $25 reinstatement fee if reinstatement is allowed.
- Liability for all costs and damages incurred.
- K-BID may pursue collection, civil litigation, credit reporting, and recovery of attorneys’ fees.
- K-BID’s electronic records (bid logs, invoices, payment confirmations) are conclusive proof of the transaction.
6. Default, Resale, and No-Shows
- Failure to pay or remove assets in accordance with auction terms constitutes default and forfeiture of rights.
- Affiliates may resell defaulted assets immediately. Defaulting bidders are liable for:
- Any deficiency between winning bid and resale price.
- Storage, handling, and disposal costs.
- Lost commissions and buyer’s premiums.
- No-shows may incur escalating penalties, including suspension, permanent bans, and fees.
- Assets not removed may incur storage fees (up to $100/day per invoice) and be deemed abandoned, with ownership reverting to the Affiliate.
7. Inspection, Condition, and Warranties
- All assets are sold “AS IS, WHERE IS, WITH ALL FAULTS.”
- No warranties are expressed or implied, including merchantability or fitness for a particular purpose.
- Refunds may be eligible only if:
- An item is materially misrepresented, and
- The issue is reported within 48 hours of removal.
- No other refunds are granted. Failure to inspect does not relieve payment obligations.
8. Reserves
- Assets may be sold subject to reserves or seller approval.
- Affiliates may lower reserves before or after close. If lowered post-close, the high bidder may be invoiced.
9. Removal and Risk of Loss
- Assets must be removed during the published removal times. Affiliates are not obligated to provide alternative times or shipping.
- Title and risk of loss pass to the bidder immediately upon full payment, regardless of removal.
10. Firearms and Regulated Assets
- Firearm sales must comply with all federal, state, and local laws.
- Handguns require valid permits and must be shipped to a licensed FFL.
- Black powder firearms are treated as firearms under Minnesota law.
11. Website Availability and Disclaimers
- K-BID endeavors to maintain availability but is not liable for interruptions beyond its control.
- If outages occur:
- Closed auctions remain final.
- Auctions in progress may be reopened and extended up to 24 hours.
- Scheduled auctions may be extended up to 24 hours.
- The Website is provided “AS IS” and “AS AVAILABLE.” Use is at the bidder’s risk.
- K-BID disclaims all warranties and shall not be liable for indirect, incidental, or consequential damages.
- Liability shall not exceed the purchase price of the item in dispute.
12. Indemnification and Attorneys’ Fees
- Bidders shall indemnify, defend, and hold harmless K-BID, its officers, employees, contractors, Affiliates, and partners from all claims, losses, and expenses, including attorneys’ fees, arising from:
- Use of the Website,
- Breach of these Terms or auction-specific terms,
- Failure to pay or remove assets,
- Violation of law.
- K-BID and/or Affiliates are entitled to recover attorneys’ fees and costs in enforcement actions.
13. Governing Law, Jury Waiver, and Venue
- This Agreement is governed by the laws of the State of Minnesota.
- Disputes shall be resolved exclusively in the state or federal courts of Hennepin County, Minnesota.
- Bidders waive the right to a jury trial or class action participation.
14. Severability
- If any provision is held invalid or unenforceable, the remainder shall remain in full force and effect.
15. Entire Agreement
- This Agreement, together with auction-specific terms, constitutes the full agreement between the parties and supersedes all prior understandings.
16. Questions About These Terms?
If you have any questions regarding these Terms and Conditions, please contact us:
K-BID Online, Inc.
1400 County Road 29, Suite 1030
Medina, MN 55446
Email: support@k-bid.com
Phone: (763) 479-3000
- By registering and placing bids on K-BID.com you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as all auction-specific terms.