Auction Terms and Conditions

Trunky Fresh

Use of this Site

These terms and conditions govern your use of auction website www.moderndaybids.com and any mobile application created by Modern Day Bids, LLC (“Site”) You ("Buyer", "Bidder") may use the Site only in accordance with and subject to these Terms of Use. Once you complete and submit your registration you have opted-in to receive email communication from us and in order to remain a member of this Site, you must agree to receive email from us.

You authorize Trunky Fresh (Auctioneer) to charge the credit or debit card you have entered on this site for the hammer price of an item which you were the high bidder, plus the buyer's premium and all applicable sales tax and any additional fees or services. Your card will be charged within 24 hours of the auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated and will impact your ability to participate in future auctions.

To initiate your ability to bid with Auctioneer, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days (American Express & Discover may take longer).

You certify that you are an authorized user of this credit card and that you will not dispute the purchase payments with your credit card company provided the transactions correspond to the terms indicated in this authorization outline.

Membership Eligibility

The Site is available to members who are 18 years and older and who have not been suspended or removed by Auctioneer for any reason. By becoming a member, you represent that you are of legal age. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms. In addition, as a member, you agree and acknowledge that you will maintain valid credit card info within your membership profile so long as you maintain an account with Auctioneer.

Buyer's Contract

Bids placed on the Auctioneer's website are a binding contract and Buyer is responsible for paying all amounts due to Auctioneer including sale price, buyer's premium and all applicable taxes. Please do not bid if you are unable to pay and take possession of the items in the specified time periods for each auction, sale or event. All sales are final. No returns, credits or exchanges. No exceptions.

Buyer is responsible for any bids made while logged into their account and must ensure that their login credentials are not shared with any unauthorized persons. If others have access to the Buyer's computer or device, the Buyer shall log out of their account to prevent unauthorized bidding.

Bidding

All items are sold “as-is, where-is” and Auctioneer disclaims any and all warranties expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. While Auctioneer will do its best to list any damage, repairs or restorations, the absence of these descriptions or conditions must not be taken to imply that the lot is in perfect condition. Most of the items Auctioneer sells are antique, vintage or used. You should expect signs of wear consistent with age. For certain sales, Auctioneer offers preview inspections for the sole purpose of allowing the opportunity for personal inspection before placing your bids. Condition reports may be available. All sales are final. No returns, credits or exchanges.

The Auctioneer reserves the right to delete or nullify any bid, at its sole discretion, for any reason whatsoever, or no reason, including but not limited to circumstances where the Auctioneer has reasonable belief that the bid may be fraudulent or that the bidder may be unable to complete payment for or pick up the auctioned item.

The Buyer acknowledges and agrees that any email notifications, SMS text message notifications, mobile app notifications, or other electronic notifications ("Notifications") regarding bids, auction status, or payment/pickup reminders are provided as a courtesy only. The Auctioneer does not warrant or guarantee the accuracy, timeliness, or successful delivery of such Notifications, as they may be subject to delays, non-delivery, or other issues beyond the Auctioneer's control, such as being marked as spam or arising from technical errors.

Consequently, the Buyer shall not rely solely on the receipt or content of Notifications in managing their bidding activities or ensuring timely payment and pickup of auctioned items. The Buyer assumes all responsibility for monitoring the auction, tracking their bids, and complying with all auction terms, payment deadlines, and pickup requirements, regardless of whether Notifications were successfully received.

Buyer's Premium

A buyer’s premium of 28% will be added to the hammer price in all auctions and will be charged along with the hammer prices and applicable sales tax to the credit or debit card you have on file with Auctioneer within 24 hours of the auction end.

Sales Tax

All sales are subject to appropriate sales tax laws. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to bidding in the sale. Upon receipt of such information by Auctioneer, your future purchases will not be taxed. Tax resale forms can be submitted in your membership profile. Your profile name and address must be the same as your resale certificate.

Retention of Credit Card Information

By providing your credit card information to Auctioneer, you authorize Auctioneer to charge your credit card for the purchase amount of any successful bid plus the buyer's premium and any applicable taxes.

Your card will be charged within 24 hours of auction end. Failure to keep valid credit card information on file will result in your use of the site being terminated.

To initiate your ability to bid with Modern Day Sales, an initial $1.00 pre-authorization transaction will appear on your statement. This pending transaction will not settle and will drop off after 5 -7 business days.

Auctioneer does not store your credit card information for security purposes. It is held by a reputable third party payment processor.

Pick Up

Successful buyers must pick up their items at the designated sale location within the assigned time frame as stated in the sale details page. Unless explicitly stated otherwise, Auctioneer does not provide shipping or packing services. Shipping services must be pre-arranged by the winning bidder prior to the pick-up date and at the winning bidder's expense. Buyers waive the right to inspect the item if the item is shipped by Auctioneer. Therefore, All Sales Final & the No Returns Policies, both apply to those items. Auctioneer charges a $35 handling fee plus the cost of materials to pack and ship the item. We cannot provide an estimate for the shipping costs in advance. Large items, such as pianos, large furniture, exercise equipment etc may require a professional mover to pick-up due to size and weight. This is the responsibility of the buyer. Weights will not be noted on the description of items and unforseen shipping or transport costs will not void a sale.

If after winning an item you determine you are unable to pick up your items during the scheduled removal times and dates, you must contact Auctioneer within 24 hours prior of the pick-up date and we will determine if alternate arrangements can be made. If items are abandoned, left at the property or you decide that you don't want to take the item, we will charge you a minimum of $50.00 per item, on your credit card, for disposal or dump fees.

These prior arrangements will be at the sole discretion of Auctioneer and will be subject to transport, labor and/or storage fees which will be payable upon retrieval of your items. Items which must be transported back to the Auctioneer's warehouse, from a remote location, are subject to a minimum handling fee of $10 per item or Lot. Auctioneer has the sole discretion to charge $10-$150 per item or lot for abandoned items, depending on the size, weight, packing materials and labor to transport the property. You agree that Auctioneer may charge a higher handling fee for certain items, which are difficult to transport, at the sole discretion of Auctioneer Items which are stored at the Auctioneer warehouse, beyond the scheduled pick-up dates and times, are subject to a minimum $10/day per item storage fee which will be paid upon retrieval of the item for a maximum of 14 days. In the event of inclement weather, Auctioneer has the discretion to reschedule the pick-up dates and times.

The Auctioneer further reserves the right, until transfer of title upon physical pickup of the item by the Buyer, to remove any item from the auction and provide a full refund of any monies paid by the high bidder.

Forfeiture of Items

Any items not paid and/or not picked up during the specified pick up time in accordance with the Site’s Terms & Conditions will be forfeited by you and become the property of the Auctioneer. Auctioneer, at its sole discretion, may re-offer the items for auction or sale, or the items may be donated to a charity of Auctioneer’s choosing. Auctioneer reserves the right to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges. Your membership with Auctioneer will be revoked unless past due invoices and any additional charges are paid in full.

Prohibited Use

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance . You may not copy, frameset, enclose or otherwise distribute any part of the Site.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Auctioneer, its shareholders, members, partners, officers, directors, employees, agents, suppliers, parent company, subsidiaries, affiliates, joint venturers, and successors and assigns, be liable under this agreement to you or any third party for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including, but not limited to, damages for loss of goodwill, work stoppage, computer failure, delays in training, or malfunction, lost profits, lost business or lost opportunity), or any other similar damages under any theory of liability (whether in contract, tort, strict liability or any other theory), even if Auctioneer has been informed of the possibility thereof. In the event that the foregoing exclusion of liability is found by a court of competent jurisdiction to be unenforceable, and a determination is made that Auctioneer is liable, the total amount of Auctioneer's liability for any loss, cost, claim, or damages of any kind arising out of, or related to, this agreement, shall in no event exceed the greater of one-hundred dollars ($100.00) or the amount of the fees paid by you to Auctioneer during the three (3) month period immediately preceding the event giving rise to such loss, cost, claim or damages.

Jurisdiction and Venue:

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland. Actions relating to this Agreement or any party’s performance or nonperformance under this Agreement shall be instituted in, and both parties consent to jurisdiction and venue in, Montgomery County, MD.

Bidding Increments

Bidding increments refer to the minimum amount an auction bid must be raised during bidding. The bidding increment's are defined by Auctioneer and may change without notice.