TERMS AND CONDITIONS

This Agreement was last modified on January 25, 2021.

Please read these terms of use carefully. By accessing or using any Auction Place website or mobile application (or any content, product, service or feature available through the website or mobile application, including the embedded viewer) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in connection with specific content or a specific product, service or feature (collectively, the “Site Terms”). If you do not agree to all of these terms, do not use the Site.

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with “Auction Place”, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are 18 years of age or older and that you can legally agree to these Site Terms. If you are using the Site on behalf of any entity, you also represent and warrant that you are authorized to accept these Site Terms on behalf of such entity, and that such entity agrees to indemnify Auction Place for violations of these Site Terms.

PRIVACY POLICY

Auction Place is committed to protecting your privacy. Please see our Privacy Policy for information on how we collect, use and disclose personal information.

OWNERSHIP OF THE SITE AND ITS CONTENT

The Web Site is owned by Auction Place Unless otherwise noted, all content appearing or displayed on the Web Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Auction Place Content”), is owned by Auction Place, its licensors or its third party image partners. All elements of the Web Site, including the Auction Place Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

USE OF SITE

The Auction Place Web Site and the Auction Place Content are intended for Auction Place customers. You may not use the Web Site or the Auction Place Pre-Auction Content for any purpose unrelated to your business with Auction Place. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Auction Place Pre-Auction Content without, or in violation of, a license or written agreement with Auction Place; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulate or otherwise display the Web site or the Auction Place Preview Content using “framing” or similar navigational technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party for any Auction Place Preview Content product or service if you are not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Website or the Auction Preview Content; (f) circumvent, disable or otherwise interfere with security-related features of the Website or any system resources, services or networks connected to or accessible through the Website; (g) sell, license, lease or otherwise market the Website or the Auction Preview Content without Auction Place’s specific written authorization; and (h) use the Website or the Auction Preview Content for purposes other than those for which it was intended. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy and the transmission of technical data exported from the United States or the country in which you reside.

COPYRIGHT INFRINGEMENT POLICY

Following the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Auction Place has adopted a policy of terminating, in appropriate circumstances and at Auction Place’s sole discretion, account holders who infringe the intellectual property rights of Auction Place or any third party.

COPYRIGHT COMPLAINTS

If you believe that any material on the Site infringes any copyright that you own or control, you may submit a notice of such infringement to our Designated Agent as set forth below:

Auction Place

info@ auction-place.com

TRADEMARKS

Auction Place’s trademarks, the Auction Place logo and any other product or service names or slogans contained on the Site are trademarks of Auction Place and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Auction Place or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Auction Place” or any other name, trademark or product or service name of Auction Place without our prior written permission. Also, the appearance of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Auction Place and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, manufacturer and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about yourself as may be requested by any registration form on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Auction Place, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Auction Place immediately of any unauthorized use of your account or another breach of security; (e) accept full responsibility for all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Auction Place.

METHOD OF PAYMENT

All payments must be made in U.S. dollars. Credit and Debit Cards. You may pay by VISA, MASTER CARD, Discover Network, and American Express credit card from within the auction. This will notify us by email when you have made your payment. Upon notification, within 48 hours, your payment will be validated to begin processing your order.

Service Fees. Concerning product fees, the User will be charged the fees outlined in the relevant section, as offered on the Website. The Fees include value added tax as provided by applicable laws in the United Mexican States.

Besides, only to the extent required by applicable laws in each country, Users agree to send us duly completed tax forms, to enable us to make all required filings with the tax authorities.

Change of Fees. We may change the Fees and/or introduce new charges in addition to the Fees at our sole discretion upon thirty (30) days prior written notice to the User.

Notwithstanding the foregoing, we may increase the Fees, immediately and with contemporaneous notice.

Packaging: All items will be delivered in an organized bag as appropriate.

Payment Conditions: To ship any product, it will be necessary to cover 100% of the amount including VAT and shipping fees.

Delivery Time – Delivery times will be between 04 to 14 working days depending on the volume of orders. This term will start from the next working day of the order and the confirmation of the same.

We are not responsible for delays attributable to the customer, nor changes made to the initial instructions.

We are not responsible for delivery delays in the event of national emergencies, changes in government regulations, changes in customs legislation, trade restrictions, delays in transportation and natural disasters. Under no circumstances will Auction Place pay penalties for late deliveries.

Deliveries in Mexico City – Shipping prices include only delivery in Mexico City.

Foreign and International Deliveries – For shipment of orders to other states, foreign or international, the customer must provide shipping instructions in case there is a special transportation line. Subsequently, it will be indicated how much is the amount of the shipment to be paid by the customer.

If you are a customer located outside of Mexico City or in another country, we can ship your orders the day after you request your merchandise using the most appropriate means of shipment for transportation of your merchandise. The delivery times of the freight forwarding companies depend on the geographic location of each customer.

The cost of freight must be covered in full to make the shipment except when it is collected. Prices do not include export customs charges.

Delivery Information – The place and date of delivery shall be determined from the Purchase Order. Once approved, any modification to this information will have an additional cost. The place and date included in our service is unique, if the delivery is to various destinations must be stated from the purchase order and the price will be broken down for each additional destination.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Auction Place, its subsidiaries, affiliates, licensees, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your conduct, your use of or inability to use the Site, your breach or alleged breach of the Site Terms or any representation or warranty contained herein, your unauthorized use of the Advance Auction Content, or your violation of any rights of another.

DISCLAIMER OF LIABILITY

THE SITE AND THE AUCTION CONTENT ARE PROVIDED “AS IS” AND AUCTION PLACE AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTION PLACE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE OR AUCTION CONTENT IN ADVANCE, OR THE INABILITY THEREOF, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO WARRANTY IS MADE THAT THE FUNCTIONS INCORPORATED IN OR IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT AUTHORIZING THE AUCTION, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR AUCTION CONTENT. WE DO NOT WARRANT THAT THE SITE OR AUCTION CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Auction Place uses reasonable efforts to ensure the accuracy, correctness and reliability of the Auction Content, but we make no representations or warranties as to the accuracy, correctness or reliability of the Auction Content.

Auction Place offers a search function within the Site. Auction Place explicitly disclaims any responsibility for the content or availability of the information contained in our searchable index or directory. Auction Place also disclaims any responsibility for the completeness or accuracy of any directory or search results.

Some U.S. states and foreign countries do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent they are prohibited or superseded by state or national provisions.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AUCTION PLACE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, whether in an action in contract, tort (including but not limited to negligence) or OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OF THE AUCTION OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM THE ABOVE AUCTION, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, MISTAKES, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, FAILURE OF COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE ABOVE AUCTION RECORDINGS, PROGRAMS OR SERVICES. IN NO EVENT SHALL AUCTION’S AGGREGATE LIABILITY IN ADVANCE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATED TO USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AUCTION before ACCESS OR USE OF THE SITE.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the United Mexican States. This site is owned by Auction Place and may be accessed in Mexico and abroad.

TERMINATION

Notwithstanding any of these Site Terms, Auction Place reserves the right, without notice and in its sole discretion, to terminate your account and/or block your use of the Site.

MISCELLANEOUS PROVISIONS

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Auction Place. If any provision of these Site Terms is found to be unenforceable, to the extent possible this will not affect any other provision and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

CHANGES TO SITE TERMS

Auction Place reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We encourage you to review the Site Terms each time you visit one of our websites.