These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Cashed Auctions (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://cashedauctions.com/ website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: Glass (the “Marketplace Offerings”). To help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Intellectual Property Rights
Unless stated otherwise, the Site and the Marketplace Offerings are our exclusive property. This includes all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the “Content”), along with the trademarks, service marks, and logos (the “Marks”) present on the Site. These are owned or controlled by us or licensed to us and are protected under copyright, trademark, and other intellectual property laws, as well as unfair competition laws of the United States and international conventions. The Content and the Marks on the Site are provided “AS IS” for your informational and personal use only. Except as explicitly stated in these Terms of Use, no part of the Site, the Marketplace Offerings, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes without our prior written consent. If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any Content you have properly accessed for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
User Representations
By accessing the Site or the Marketplace Offerings, you represent and warrant that:
- All registration information you submit will be accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity to agree to and comply with these Terms of Use.
- You are not a minor in your jurisdiction of residence.
- You will not access the Site or the Marketplace Offerings through automated or non-human means, such as bots or scripts.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site or the Marketplace Offerings will not violate any applicable laws or regulations.
If any information you provide is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof). You are prohibited from using the Site or the Marketplace Offerings for any illegal or unauthorized purposes, and must not violate any laws while using the Marketplace Offerings. Prohibited Marketplace Offerings include, but are not limited to, intoxicants, illegal drugs, alcoholic beverages, gambling, and pornography or graphic adult content. Posting unauthorized products or content may result in immediate account termination and a lifetime ban from the Site.
We act solely as a service provider and do not make representations regarding the safety, effectiveness, accuracy, availability, prices, ratings, reviews, or legality of any information or Marketplace Offerings on the Site. You agree that the Site’s content does not constitute representations to be reasonably relied upon and hold us harmless from any errors, omissions, or misrepresentations. We do not endorse or recommend any Marketplace Offerings; the Site is for informational and advertising purposes only.
User Registration
You may need to register with the Site to access the Marketplace Offerings. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you choose if, in our sole discretion, it is deemed inappropriate, obscene, or otherwise objectionable.
Marketplace Offerings
We strive to display the colors, features, specifications, and details of the Marketplace Offerings on the Site as accurately as possible. However, we do not guarantee that these will be accurate, complete, reliable, current, or free from errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that they will be in stock. Some Marketplace Offerings may be exclusively available online through the Site and may have limited quantities, subject to our Return Policy. We reserve the right to limit the quantities of Marketplace Offerings available on the Site. Descriptions or pricing of Marketplace Offerings are subject to change at any time without notice. We also reserve the right to discontinue any Marketplace Offerings at any time. We do not warrant that the quality of any Marketplace Offerings purchased will meet your expectations or that any errors on the Site will be corrected.
Purchases and Payment
We accept the following payment methods:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide accurate, complete, and current purchase and account information for all transactions made via the Site. You must promptly update your account and payment details, including email address, payment method, and payment card expiration date, to ensure we can complete your transactions and contact you if necessary. Sales tax will be added to your purchase as required. Prices may change at any time. All payments must be made in U.S. dollars.
You agree to pay all charges at the prices in effect at the time of purchase, including any applicable shipping fees, and authorize us to charge your selected payment method for these amounts upon placing your order. For orders subject to recurring charges, you consent to us charging your payment method on a recurring basis without needing your prior approval for each charge, until you cancel the applicable order. We reserve the right to correct any pricing errors, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions can apply to orders placed by the same customer account, using the same payment method, and/or with the same billing or shipping address. We also reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
Shipping Policy
You will not receive payment for your item if it arrives broken or damaged, unless you and the buyer agree on a different solution. Pack your items as safely as possible following the guidelines in our Shipping Guide.
Insurance, Tracking, and Signature
If you do not insure, track, and require an adult signature for your package, you will not have recourse if your item gets lost or damaged. Always insure your package for the item’s value. Most shipping services offer built-in insurance up to $100 or inexpensive options for additional insurance and tracking. We can assist with any insurance postal claims. Keep records of the original mailing receipt, tracking number, and proof of insurance. If an item arrives damaged and these rules are followed, you must file an insurance claim with the postal carrier. Cashed Auctions will attempt to assist but is not responsible for any financial reparations.
Please contact us at cashedauctions@gmail.com with any questions.
Return, Refund, and Cancellation Policy
We aim for your complete satisfaction with every purchase. Cashed Auctions will accept returns and refunds of your purchase price, minus original shipping, handling costs, and a 2% buyer protection fee, in accordance with this Return Policy.
Buyers
Refund or return requests are accepted if:
- The item was never shipped by the seller.
- The item received is not as described.
- The item is damaged during shipment.
- The shipment is lost.
“Not as Described” includes:
- Scratches, stains, cracks, incorrect size, and sometimes color.
Buyers cannot request refunds due to dissatisfaction alone. If a dispute requires the original artist’s input, their decision is binding. Requests for permitted returns or refunds must be made within two days of receiving the item by emailing cashedauctions@gmail.com. For instance, if the item is received on Monday, a return request must be made by midnight Thursday.
Claims must include an unboxing video that starts before the package is opened and shows the entire unboxing process. The video must be clear, uncut, and unaltered, beginning with the sealed package. This video serves as protection and proof of any damage. Any suspicion of tampering with the package (such as opening and reclosing it) invalidates the claim.
Item Not As Described
An item is “Not As Described” if it is significantly different from the seller’s listing description or photos. Examples include:
- Different color, model, or size.
- Different design.
- Damaged or missing parts.
- Incorrect quantity received.
- Condition misrepresented (e.g., described as new but is used).
Refunds for items “Not As Described” will not be issued until the item is returned to the seller. If the seller requests the return of a damaged item, the seller will cover the shipping costs.
Prohibited Activities
You may not use the Site for any purpose other than those approved by us. Prohibited activities include:
- Systematically retrieving data or content to create a collection, compilation, database, or directory without permission.
- Unauthorized use of the Marketplace Offerings, including collecting usernames or email addresses for unsolicited emails or creating user accounts by automated means or under false pretenses.
- Circumventing or interfering with security features of the Site.
- Attempting to deceive us or other users to obtain sensitive account information.
- Misusing our support services or submitting false reports of abuse.
- Engaging in automated use of the system, such as using scripts to send comments or messages, or data mining.
- Interfering with or disrupting the Site or its connected networks.
- Attempting to impersonate another user or using another’s username.
- Selling or transferring your profile.
- Using information from the Site to harass, abuse, or harm another person.
- Using the Marketplace Offerings to compete with us or for any unauthorized commercial purposes.
- Deciphering, decompiling, disassembling, or reverse engineering any software on the Site.
- Bypassing measures designed to prevent or restrict access to the Site.
- Harassing, annoying, intimidating, or threatening our employees or agents.
- Deleting copyright or other proprietary rights notices from any content.
- Copying or adapting the Site’s software, including Flash, PHP, HTML, JavaScript, or other code.
- Uploading or transmitting viruses, Trojan horses, or other harmful material.
- Uploading or transmitting material that acts as a passive or active information collection or transmission mechanism.
- Using or launching unauthorized scripts or software to access the Site.
- Disparaging or harming us and/or the Site in our opinion.
- Using the Site inconsistently with applicable laws or regulations.
User-Generated Contributions
1. Types of Contributions
The Site allows users to engage in various interactive activities, including chats, blogs, message boards, online forums, and other functionalities. Contributions include, but are not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information.
2. Viewability and Confidentiality
Contributions may be visible to other users and can be shared through third-party websites. Any Contributions made are considered non-confidential and non-proprietary.
3. User Warranties and Representations
When making Contributions, users represent and warrant that:
- Their Contributions do not infringe on any third-party rights, including copyright, patent, trademark, trade secret, or moral rights.
- They have the necessary permissions to use and allow the Site to use their Contributions.
- They have obtained written consent from identifiable individuals featured in their Contributions.
- Their Contributions are truthful, not misleading, and not unauthorized advertisements.
- Their Contributions are not obscene, harassing, abusive, or otherwise objectionable.
- Their Contributions do not violate any laws, regulations, or third-party rights, including those protecting minors and against child pornography.
- Their Contributions do not contain discriminatory, offensive, or hateful comments.
4. Violation of Terms
Violating these terms can lead to suspension or termination of the user’s rights to use the Site and its offerings.
Contribution License
1. Granting Rights to the Site
By posting Contributions, users grant the Site a perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, and distribute their Contributions for any purpose. This includes the right to sublicense and use Contributions in any media formats.
2. Ownership and Responsibility
Users retain ownership of their Contributions but waive any moral rights. Users are solely responsible for their Contributions and agree not to hold the Site liable for them.
3. Site’s Rights
The Site can edit, re-categorize, or delete any Contributions without notice or obligation to monitor them.
Guidelines for Reviews
1. Criteria for Posting Reviews
Reviews must be based on personal experience, free from offensive language, and not contain illegal references. Reviews must not be misleading, affiliated with competitors, or part of a campaign to post biased reviews.
2. Site’s Discretion
The Site can accept, reject, or remove reviews at its discretion and does not assume liability for them.
Mobile Application License
1. Use License
Users are granted a limited, non-transferable license to use the mobile application on their devices. Users are prohibited from reverse engineering, modifying, or using the application for commercial purposes.
2. Apple and Android Devices
The terms of the license extend to applications obtained from Apple Store or Google Play, with the distributors having no obligation for maintenance and support. Users must comply with third-party terms and acknowledge the distributors as third-party beneficiaries of these terms.
Social Media
1. Linking Accounts
Users can link their Site account with third-party accounts, granting the Site access to their content and contact information from those accounts.
2. Responsibility and Control
The Site is not responsible for the content from third-party accounts and users can disable the connection at any time.
Submissions
1. Ownership and Rights
Submissions such as questions, comments, and suggestions become the property of the Site, which holds exclusive rights to use them without compensation to the user.
Third-Party Websites and Content
1. External Links
The Site may contain links to third-party websites and content. The Site does not endorse or take responsibility for the accuracy, reliability, or policies of these third-party websites.
Advertisers
1. Advertiser Responsibility
Advertisers are responsible for the advertisements they place on the Site, ensuring they possess all necessary rights. The Site merely provides space for advertisements.
Site Management
1. Monitoring and Enforcement
The Site reserves the right to monitor and enforce compliance with these Terms of Use, including taking legal action, removing content, and managing the Site’s operation to protect its rights and ensure functionality.
Privacy Policy
1. Data Privacy
By using the Site, users agree to the Privacy Policy, which includes data transfer and processing in the United States.
Copyright Infringements
1. Notification
Users must notify the Site of any material that they believe infringes on their copyright. Misrepresentations in such notifications can result in liability for damages.
Term and Termination
1. Termination Rights
The Site can terminate a user’s access for any reason without notice. Users whose accounts are terminated cannot create new accounts and may face legal action.
Modifications and Interruptions
1. Site Changes
The Site can change, modify, or discontinue its content and services at any time without notice, and is not liable for any resulting inconveniences or damages.
Governing Law
1. Legal Jurisdiction
The Terms of Use are governed by the laws of the State of California.
CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and various other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE zero (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: Cashed Auctions 341 Cooper Road Santa Barbara, CA 93109 United States Phone: 8052803621 cashedauctions@gmail.com