User Agreement - Please read to the very bottom, and press either < I
accept > or This Agreement describes the terms and conditions applicable to your use of
our services at PigeonAuctions.com. We may amend this Agreement at any time by
posting the amended terms on our site. Except as stated below, all amended terms
shall automatically be effective 14 days after they are initially posted on our
site. Membership Eligibility Our services are available only to individuals who can form legally binding
contracts under applicable law. For example, a valid bid on an auction item is a
legally binding contract. If you do not qualify or do not plan to honor such
contracts, please do not use our services. PigeonAuctions.com reserves the right
to suspend or revoke completely membership services to anyone at any time at its
sole discretion. Fees and Services. Joining and bidding on items at PigeonAuctions.com is free. We may change our
Fees and Credits Policy and the fees for our services from time to time. Our
changes to the policy are effective after we provide you with at least fourteen
14 days notice of the changes by posting the changes on the site. When you list
an item you have an opportunity to review and accept the fees that you will be
charged for the use of our listing services. Sellers and winning bidders may
chose to have PigeonAuctions.com assist in the payment and collection of
payment. If such payment collection services are selected, all parties will have
an opportunity to review and accept the fees that you will be charged. We may in
our sole discretion change some or all of our services at any time. Unless
otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees associated with using our service and our website and all
applicable taxes. PigeonAuctions.com is Only a Venue. Our site acts as the venue for sellers to list items and buyers to bid on
items As a result, we have no control over the quality, safety or legality of
the items advertised, the truth or accuracy of the listings, the ability of
sellers to sell items or the ability of buyers to buy items. We cannot ensure
that a buyer or seller will actually complete a transaction. We will assist in
the collection of fees if members request such a service from PigeonAuctions.com.
Payment collection service will be offered on a best-effort basis, we cannot and
do not guarantee. Safe Trading Because user authentication on the Internet is difficult, PigeonAuctions.com
cannot and does not confirm each user's purported identity to a 100% certainty.
We have instituted rigorous policies and procedures to verify and confirm
individual identities however there is no failsafe method available on the
Internet today. We are committed to making the Online Auction community a
positive experience to all members, and will actively and aggressively work to
keep it such by weeding out members who commit fraud or misrepresent themselves
or otherwise behave in a fashion that is detrimental to the positive
PigeonAuctions.com experience. We have established an "eBay-style"
user-initiated feedback system to help you evaluate with whom you are dealing. Release Because we are a venue and not directly involved in the actual transaction
between buyers and sellers, in the event that you have a dispute with one or
more users, you release PigeonAuctions.com (and our officers, directors, agents,
subsidiaries and employees) from 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. Bidding and Buying. If you are the highest bidder at the end of an auction (meeting the
applicable minimum bid or reserve requirements) and your bid is accepted by the
seller, you are obligated to complete the transaction with the seller. By
bidding on an item you agree to be bound by the conditions of sale included in
the item's description (or linked to from the description) so long as those
conditions of sale are not in violation of this Agreement or unlawful. Bids
are not retractable except in exceptional circumstances such as when the
seller materially changes the item's description after you bid, a clear
typographical error is made, or you cannot authenticate the seller's identity. Listing Description Listings may only include text descriptions; graphics and pictures you supply
to our site that describe your item for sale. All listed items must be listed in
an appropriate category. Binding Bids If you receive at least one bid at or above your stated minimum price (or in
the case of reserve auctions, at or above the reserve price), you are obligated
to complete the transaction with the highest bidder upon the auction's
completion, unless there is an exceptional circumstance, such as: (a) the buyer
fails to meet the terms of your listing (such as payment method), or (b) you
cannot authenticate the buyer's identity. Fraud Without limiting any other remedies, PigeonAuctions.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 our site. Manipulation Neither bidders nor sellers may manipulate the price of any item nor may you
interfere with other user's listings or auctions. Your Information "Your Information" is defined as any information you provide to us
or other users in the registration, bidding or listing process, in any public
message area (including the feedback area) or through any email feature. You are
solely responsible for Your Information, and we act as a passive conduit for
your online distribution and publication of your information. With respect to Your Information: Your Information (or any items listed therein): (a) shall not be false,
inaccurate or misleading; (b) shall not be fraudulent or involve the sale of
counterfeit or stolen items; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy; (d) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, antidiscrimination or false
advertising); (e) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) shall not be obscene or contain
profanity or pornography (g) shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) shall not create
liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; and (i) shall not link directly or indirectly to or
include descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for auction but are
priced lower than your item's reserve or minimum bid amount; (cc) are
concurrently listed for auction on a web site other than PigeonAuctions.com; or
(dd) you do not have a right to link to or include Questionable and Infringing
Items. Information You authorize PigeonAuctions.com to use the information you supply us with,
so that we are not violating any rights you might have in that information. You
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, you have in your information in any media now known or not
currently known, with respect to Your Information. PigeonAuctions.com will only
information on our site is updated on a real time basis and is proprietary or is
licensed to PigeonAuctions.com by our users or third parties. You agree that you
will not copy, reproduce, alter, modify, create derivative works, or publicly
display any content (except for Your Information) from our website without the
prior expressed written permission of PigeonAuctions.com or the appropriate
third party. Feedback You may not take any actions that may undermine the integrity of the feedback
system. If you earn a net feedback rating of -4 (minus four), your membership
will be automatically suspended, and you will be unable to list or bid. You
acknowledge that your feedback consists of comments left by other users and a
composite feedback number compiled by PigeonAuctions.com, and that the composite
number without the comments does not convey your full user profile. Because
feedback ratings are not designed for any purpose other than for facilitating
trading between PigeonAuctions.com users, you agree that you shall not market or
export your PigeonAuctions.com feedback rating in any venue other than
PigeonAuctions.com. Breach Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and
refuse to provide our services to you: (a) if you breach this Agreement or the
documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or us. Privacy Our policy on privacy is held to high standards by independent third party
organizations. We will only share that information necessary to complete a
transaction between a buyer and a seller; we will never release any other
information to any other party (such as Credit card information or other billing
information) unless required to do so by law or a government agency. You
authorize us to divulge such information to such agencies of law or government
that require us to do so. No Warranty WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state to state. Liability Limit In no event shall we or our members be liable for lost profits or any
special, incidental or consequential damages arising out of or in connection
with our site, our services or this agreement (however arising, including
negligence). Our liability, and the liability of our suppliers, to you or any
third parties in any circumstance is limited to the greater of (a) The amount of
fees you pay to us in the 12 months priory to the action giving rise to the
liability claim, and (b) $100 Indemnity You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement or the documents it incorporates by
reference, or your violation of any law or the rights of a third party. Legal Compliance You shall 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. No Agency You and PigeonAuctions.com are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, any notices shall be given by postal
mail to VTN Online Enterprises, L.L.C 13492 Research Blvd. #120-454 Austin, TX
78750 (in the case of PigeonAuctions.com) or to the email address you provide to
PigeonAuctions.com during the registration process (in your case). Notice shall
be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt requested, to the
address provided to PigeonAuctions.com during the registration process. In such
case, notice shall be deemed given 3 days after the date of mailing. Arbitration Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Austin, Texas, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof.
Either you or PigeonAuctions.com may seek any interim or preliminary relief from
a court of competent jurisdiction in Austin, Texas necessary to protect the
rights or property of you or PigeonAuctions.com pending the completion of
effective after we provide you with at least thirty 14 days' notice of the
changes by posting the changes on the site. We may change our Outage Policy from
time to time and our changes are effective after we provide you with notice of
the changes by posting the changes on the site. We may change the Listing Policy
from time to time and our changes are effective after we provide you with notice
of the changes by posting the changes on the site. General This Agreement shall be governed in all respects by the laws of the State of
Texas as such laws are applied to agreements entered into and to be performed
entirely within Texas between Texas residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may be
interfered with by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Headings are for
reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and
agreement between us with respect to the subject matter hereof. Disclosures The services hereunder are offered by PigeonAuctions.com, owned an operated
by World of Wings PigeonCenter You may have this same information emailed to you by sending a
letter to the foregoing address with your email address and a request for this
information. Document Revision Information Version 1.0.1 - Updated 9/30/00 6:50 AM CST You agree to be a good person at all times on PigeonAuctions.com!
User Agreement - Please read to the very bottom, and press either < I
accept > or
Fees and Services.
PigeonAuctions.com is Only a Venue.
Bidding and Buying.
With respect to Your Information:
Additional Terms. The following documents are incorporated by reference:
Document Revision Information
Version 1.0.1 - Updated 9/30/00 6:50 AM CST
You agree to be a good person at all times on PigeonAuctions.com!
WHAT IS IT?
It's the Online Trading Site for Pigeons! Sellers reach hundreds of qualified buyers on a daily basis, and realize an excellent, low-cost opportunity to market their stock. Buyers are presented with excellent deals on outstanding flying kits and breeders - all the excitement of a pigeon auction from the comfort of your own home!
HOW DOES IT WORK?
Top quality pigeons are entered on the PigeonAuctions.com site; thousands of qualified bidders see the birds, read over the information, look at pictures (all online) of the birds and place bids on the ones that catch their fancy. When the auction closes, the seller and highest bidder (winner) are notified by email. The winner makes payment and the seller ships the bird(s) to the winner. Pigeonauctions.com is not responsible for any technical failure beyond our control (such as power outages or server problems). If an outage occurs during final bidding we will decide if it is necessary to repost those lots.
All you need is a connection to the Internet and a web browser (any kind will do), a working email address and a form of payment. If you've got all three then you can just point your browser at www.PigeonAuctions.com and click on the "Register" button. You'll be signed up in under a minute's time. If you would like to register with out a credit card, please call the number below. We've built the site to be as simple to use as possible, but if you have any trouble at all please call us toll free (866) 570-BIRD or (405) 478-5155 (during operating hours ¬ 8-5pm M-F). We'll either help you right then or call you back shortly and get you up and running in no time. Remember, please call Monday through Friday if you need help registering. We are closed on Weekends.
There is NO CHARGE to register ¬ we do ask for your credit card or payment information when you register. This is how we ensure that you are who you say you are. We need to do this to protect the good people who enter birds for sale on our site, and to protect the integrity of the auction itself. Please keep your information current.
WHAT ARE THE COSTS FOR WINNING BIDDERS?
Winning Bidders/Buyers pay whatever they bid for their winning bids in the auction plus shipping fees. Shipping usually costs about $60 (US) for an approved shipping container and US Postal Service Express (2 day) service (within the US). NOTE: Pigeonauctions.com will always work with the buyers and sellers to try to keep the shipping costs down. If for example a customer wins 2 birds from the same seller during the same auction we will make sure that the seller combines the birds. However, if more than two birds are to be shipped, the shipping cost is as follows: 1 bird= $60, 2 birds = $70, 3 birds = $130, 4 birds = $140, the cost for more than 4 birds will be figured by pigeonauctions.com. Every 2nd bird is discounted to $10 due to the boxes holding 2 birds each. Additional charges may apply to electronic timers and equipment. All prices are subject to change.*
SELLER'S CONDITIONS AND COSTS?
1) We charge a $30 insert fee per lot. This only applies to lots that sell. Pigeonauctions.com deducts the $30 from the money the seller receives for selling the bird. (We will not charge a lot fee if the lot does not sell).
2) Sellers are required to pay pigonauctions.com 10% of total sell on lots with winning bids of $500 or higher. (This does not include the 3.5% collection fee). The insert fee of $30 will be excluded on sales of $500 or more. No refunds of posting fees once lot has sold. Effective August 1, 2005. Rates are subject to change*
3) If you would like for Pigeonauctions.com to collect the money from the buyer at the end of the auction we charge a 3.5% collection fee. This is OPTIONAL, if the seller would like to work the money deal out with the buyer PAC will give the seller the buyer's information, and we will not charge the collection fee. However we have found that 98% of our sellers want PAC to collect the money, so we will operate this way (collect the money for you) unless you specifically ask us not to.
REFUNDS TO BUYERS:
If the buyer is not satisfied with the lot or bird/s purchased the buyer is entitled a refund from the seller (buyer must do so with in 7 days of arrival of purchased lot. Buyer must be refunded the winning bid amount. Shipping is non-refundable if lot has been shipped to buyer(no exceptions). If the lot has not been shipped, shipping is refundable. Buyer is to contact the seller for a refund. Once the seller has been paid for the lot, pigeonauctions.com is not responsible for refunds. It is then up to the buyer and seller to negotiate any refund.
REFUNDS BY SELLERS:
All sellers are to give a full refund in the amount of the winning bid (shipping is non-refundable) if buyer is unsatisfied with the lot purchased. If the seller in unable to ship the lot please contact pigeonauctions.com. If the seller's check has been cut the seller is responsible to give the buyer a full refund for the lot purchased. If the seller's check has not been cut pigeonauctions.com will refund the buyer the full amount of the lot purchased plus shipping (shipping is only refunded if the lot has not been shipped to the buyer). Sellers are not required to pay the insert fee or collection fee if unable to ship lot. We are aware that shipping is unavailable to some locations.
Pictures must be 400-640 pixels.Pedigrees must be 700-900 pixels, this is around an 8.5 X 11. When creating a lot put the picture in the 1st browse box and the pedigree in the 2nd browse box.The boxes are clearly marked "BIRD IMAGE" and "PEDIGREE IMAGE". Additional image boxes are availiable by clicking where it says additional image boxes.
If Pigeonauctions.com is required to perform graphical work (edit photos, edit pedigree, scan in pedigrees, switch the pedigree and picture, etc...) we have a $10 per photo/pedigree graphics fee. Our auction is setup to allow you (the seller) to input everything yourself directly onto our website - you can upload your pictures, pedigrees, and type in the exact descriptions you'd like for your auction lot.
1) All lots must have the band numbers of the birds listed. It is not acceptable to list kits, or any other birds until you have the very birds available for sale. (Unless stated in the description). Lots must be posted before Wednesday of each week, or they will not be posted on that weeks auction.
1a) In some cases, with approval, birds are sent to Pigeonauctions to be photographed and placed on the auction. The seller should provide all pedigrees with all birds and all birds must be healthy and in good feather or they will be shipped back at the sellers expense. Seller should provide at least a short discription that can be copied onto the auction lot. Pigeonauctions.com or any person or person's involved in the photographing,handling, caring or shipping the birds for any seller, either employee or not employeed by pigeonauctions.com (Paloma Co) will not be held liabial for any loss of birds while in their care. This includes, sickness, death, escape, theft, or any natural or unnatural circumstance. Although we will do our best to get your birds sold, there is no guaranteed time limit on when your birds will be posted or how many at one time. We are dealing with live birds and many things can affect the quality of the photo so we do not guarantee every picture to be perfect. Our goal is to get a good clean photo, with a clean background so that it represents your bird in the best way. Feed and care charges will be required for any bird or birds that are housed by Paloma Co for more than 30 days at a rate of $3.00 per day for each 25 pigeons.
2) The seller must be ready and willing to send the bird(s) to the buyer upon notice from PigeonAuctions.com that the auction has closed, and the payment transaction is complete. It is not acceptable to wait for the money to arrive before sending the bird. Pigeonauctions.com will send your money (payment for the birds) within 10 days of the close of the auction. We guarantee your payment (bid price + shipping ¬ insert fee -3.5% collection fee) once we have given you notice to ship. Please have a postal service approved shipping container ready for each bird or lot (as appropriate) before you start your bird on the auction. The birds must be sent using the postal service's "Express Mail".
3) The seller must guarantee all birds to be reproductive sound. If the birds will not lay or cannot produce fertile eggs (or fill eggs in the cock's case) - you must be willing to replace the bird for the first 60 days after the close of the auction. Pigeonauctions.com is in no way responsible for any default on the sellers part. We are here to offer a place to buy and sell your birds and in no way can guarantee what others sell.
COLLECTING PAYMENT FROM BUYER:
1) We accept MasterCard, VISA and Discover credit cards. We also accept your good checks, money orders, and cashiers checks. Payment by check or money order will delay the shipment and arrival of the birds. We do not charge any credit cards unless authorized to do so within 24 hours of the lot (auction) closing. After 24 hours if Pigeonauctions.com has not been notified of the buyer's payment option, the card listed on file will be charged. Note: All credit card payments will be charged and using the name Pigeonauctions.com this is what your statement will read br>
2) If the buyer does not contact pigeonauctions.com with in the allotted time, the card on file will be charged. Once the card has been charged there will be no refunds or credits made back to that credit card unless the buyer pays a 3.5% collection fee of the total sell. If the buyer would like to pay in a different form of payment after the card on file has been charged the buyer's credit card can be refunded minus the 3.5% collection fee.
EXAMPLE: Total sale -$100. Card charged $100. Buyer wants card refunded: $100 - 3.5% = $96.50 that card will be refunded. The buyer must then pay in a different form of payment the full amount of lot purchased.
We will never divulge any of your personal information (including credit card #s, phone numbers, address etc.) to anyone. Period. Many sites on the Internet sell the data they collect on their sites to advertisers, or other sites to make money. We WILL NEVER DO THAT. The information you enter on our site is guaranteed to be 100% safe and secure.
PigeonAuctions.com is in the business of hosting the best Online Trading Site for Pigeons on the web.
Special PigeonAuction.com features you won't find on any other site (until they copy us that is ....)
- Sellers can enter the information about their birds (text and pictures) directly on the site themselves. Therefore the seller is in complete control over how their birds are depicted on the site, how much the opening bid must be. This puts the seller in complete control of his or her own lots.
- Auctions will not close while bidders still want to bid! All auctions will have a scheduled time to close. When the auction reaches this predetermined close time, it will remain open until such a time, as there are no more valid bids for a period of 4 (four) minutes. This is the way auctions work in the real world, we've never seen an auctioneer close an auction while people still have their hands in the air! We won't either.
- $30 flat fee to enter birds on the site(only applies if and when the lot sells or more than three re-postings are requested).
- Shipping can be difficult at times in some areas. It may get better or could get worse. Remember if the seller has difficulty shipping to your area please be patient and work together to resolve the problem/s. Shipping prices are for states within the U.S. that do not require any additional costs above the current normal shipping rates of the USPS. If to get your lot/s to you requires extra costs the buyer must cover those costs (NO EXCEPTION).
-(New insert fee effective August 1, 2005)
- All changes go into effect immediately unless otherwise stated.