WWE Auction Terms and Conditions of Use
Dated: August 15, 2013
WWE Auction Rules
WWE Auction Functionality. The platform and software for WWE Auction is provided by Commerce Dynamics Inc. (“CDI”) and we will use CDI’s experience with online auctions to provide what we hope will be a great experience. If you encounter problems with WWE Auction or think it’s not working correctly, contact www.auction.wwe.com.
Currently, we own the items that will be available on WWE Auction, so when you purchase an item you are purchasing from us. If we begin to allow third parties who own other items to list them on WWE Auction and if you buy one of their items, you will be buying from them. In that event we will merely be the auctioneer and your rights will be against them instead of us. We plan to supplement the WWE Auction Terms if we allow third party sellers.
Auctions. This is generally the way an auction at WWE Auction works, although additional information might appear on website screens. We reserve the right to change auction rules from time to time, including per item and at the last minute.
- Bidding on an item is an offer to buy the item at the price in the bid, provided the bidder's offer is the WINNING BID at the close of the auction. Each item is its own separate auction.
- All bids are final and not subject to cancellation or revocation once submitted.
- All bids are made in automatic increments that we will set for each item (e.g., an increment might be $5, $10, $25 or another amount). You may set a “proxy” bid which is the highest amount you are willing to bid: you may increase that amount but may not decrease it. You agree that (a) WWE may cause a bid (in the amount of the increment bid) to automatically be made for you each time someone bids higher than your existing bid until your proxy bid amount is reached, and that (b) you will be bound by each bid so made. For example, if the increment is $5 and the highest price you are willing to pay is $100, you may set your proxy bid at $100. If your first bid is $50 and someone else bids $60, your bid will automatically be increased (by proxy) to $65; if no one else bids, $65 will be the WINNING BID (yours). If someone else bids $105, you will no longer be part of the bidding because you set your limit at $100.
- All bids must be a minimum of $1 or in another amount posted for each item. Usually, auctions will not be subject to a “reserve” (a minimum amount that the seller wants to be bid as a condition to being willing to sell the item). However, we reserve the right to establish a reserve amount (and if we do, it will be posted in the item listing).
- If a problem occurs with a WINNING BID in an open auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the WINNING BIDDER even though you thought you lost). We will contact you at our option. At your option, you may decline or accept the opportunity to become the winning bidder.
- An auction closes at its specified ending time, or five minutes after the last bid is placed, whichever is later (e.g., if people are bidding within 3 minutes of each other, the auction will not end at the scheduled time but will go on until 5 minutes have passed without placement of another bid). Among other goals, this kind of rule is intended to help prevent buyers from being locked out of an auction due to a slow Internet connection.
- Auction closing times are approximate, and WWE auctions reserves the right to close an auction earlier or later than the scheduled time. Time clocks used by WWE or its service providers will control in the event of any conflicts regarding closing or other times.
- The highest dollar amount bid at each auction's close will be the WINNING BID for that auction. No bid may be viewed as the WINNING BID until we have confirmed it such as by sending you an email. We also try to confirm losing bids by email or other method.
- The seller of a listed item (including us when we are the seller), may bid on the item.
- Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price (subject to applicable law).* The credit card (or any other payment method that we allow from time to time) of the person with the WINNING BID may be billed at the auction’s close.
- WWE Auctions reserves the right to refuse service to anyone for any (or no) reason.
- WWE Auctions may exercise this right in all situations including, but not limited to, buyers making a habit of winning auctions and not buying.
- Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to Users).
- If the credit card or other payment method is declined for any reason, we (or a service provider) will attempt to contact the WINNING BIDDER, usually by phone or e-mail. If we cannot verify your payment method or if we do not receive a cashier’s check within 24 hours of the auction’s close, the next highest bidder will become the WINNING BID and be processed as described above until a bidder with a compliant payment method is found.
- You are not entitled to any refunds or exchanges, so do not bid (directly or automatically via a proxy bid) unless you are willing to buy the item for the bid amount (plus taxes etc.).
- You agree not to take any action that would violate any applicable state, federal and/or international laws.
- You agree to provide only true and accurate information about themselves to WWE and in all WWE Auction forms
- It is a violation of law to make bids in a false name or with an invalid credit card or other payment method, even if WWE Auction software initially accepts such a bid. Please be aware that even if you do not give us your real name, your web browser may transmit a unique Internet address to us, which can be used by law enforcement officials to identify you.
- Technical difficulties (e.g., bids might not be processed or accepted) or other difficulties (such as fraud or the like) might occur. No warranties or guaranties are made by us or anyone else regarding the absence of such difficulties. You agree that neither WWE nor its service providers will be liable for such difficulties and that WWE may decide how to deal with the resulting situation in its sole discretion (e.g., by rescinding all or part of the auction or doing something else that appears appropriate to WWE in the circumstances).
- Fraudulent bidders may be prosecuted to the fullest extent of the law and involvement by the FTC, the US Secret Service or other domestic or foreign regulators or law enforcement can occur.
- We may suspend or cancel access to auctions if it appears to us in our good faith sole discretion that there appears to be a violation of the WWE Action Terms, including (without limitation) these auction rules.
- To report a violation of WWE Auction Terms, please contact us by emailing email@example.com.
Connecticut Law. As explained in the “General Provisions” of the Shop Terms, the laws of Connecticut apply to WWE Auction (see that section for additional details, including your consent to actions being exclusively conducted there). If the laws of your jurisdiction are different, you agree to be responsible for compliance with those laws (e.g., if a particular item may not be sold in your jurisdiction(s), do not bid on or buy it at WWE Auction).
User Conduct. You are solely responsible for the content of your transmissions to or through WWE Auction. You agree to comply with all applicable local, state, national and international laws and regulations and: (1) to comply with United States law regarding the transmission of technical data exported from the United States through WWE Auction; (2) not to use WWE Auction for illegal purposes; (3) not to interfere or disrupt networks connected to WWE Auction; and (4) to comply with all regulations, policies and procedures of networks connected to WWE Auction. You agree not to transmit through WWE Auction any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. WWE Auctions may, at its sole discretion, immediately suspend or terminate access or services should it appear that your conduct fails to conform to these WWE Auction Terms.
Fixed Price Rules
Some items might be available for a fixed price. If so, the listing will state the fixed price (as well as any minimum or maximum quantity limits). Even though you won’t be bidding, the WWE Auctions Rules will still generally apply, e.g., your purchase will be final and nonrefundable. The fixed price will only be available for the quantities and during the period of time stated in the listing. If you submit an offer at the fixed price, you may not revoke your offer. If your offer is the first one received, it will be accepted if it otherwise complies with the offer requirements. If your offer is accepted, you agree to pay the fixed price, all applicable taxes, shipping and handling charges, and all other amounts that you may owe from time to time under this Agreement. You will be notified of acceptance in the same way that we may notify a winning bidder.
Payment & Your Request and Consent to Our Retention of Your Payment Information
Before making a bid you must supply us information about the credit card (or other payment method we might allow from time to time) to which any winning bid will be charged; for fixed price offers that you make, you can provide payment information during any check-out process. If you register your payment method, such registration will be your consent to the Retained Payment Method Consent that appears below. Do not register to bid if you do not want to provide that consent.
Only valid credit cards or other payment method acceptable to us may be used and any (if any) refunds will be credited to the same method in our discretion. By designating or registering a payment method, you represent, warrant and agree that you:
- have provided accurate information about a payment method that is valid and has a balance sufficient to cover a winning bid;
- authorize us to verify your information and payment method (which we may do, among other ways, by making a small charge (e.g., $1) to your card temporarily -- but once validity is indicated the charge will be eliminated from your actual card statement);
- are authorized to use the designated method;
- authorize us to charge your order (including all amounts dues such as taxes, shipping and other amount due hereunder) to your payment method; and
- will keep your payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase (including winning bids) may be suspended or cancelled in our sole discretion. You agree that we may submit charges for processing even if your payment method has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). Please note that taxes may be adjusted from any amounts shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. You agree to make and keep a copy of records relating to your order such as your order confirmation page.
Retained Payment Method Consent
You may not bid on or purchase an item without first providing a payment method. If we allow you to register your payment method, that means you want us to keep your payment information on file for use in subsequent auctions. By registering, you request us to do that. You also agree that we may charge to your payment method each subsequent purchase made at WWE Auction using your credentials (e.g., password) until you remove your payment information. You may remove it by following the removal instructions provided once we allow registration or by contacting us at firstname.lastname@example.org. If you remove it before your purchase is complete, however, you will need to timely supply a substitute payment method in order to complete that purchase.
In case we need a signed consent from you, you agree: (a) to adopt your password as a symbol of your signature, and (b) that entering your password in a session using the retained information will be your signature for purposes of signing this Registered Payment Method Consent and/or ratifying any earlier signatures. The Shop Terms require you to guard your password and not share it with others; if you register a payment method, that is particularly important.
Nature of WWE Auction Items and the Website. Items available on wwe auction are not provided or intended for ordinary use and most are not new. For example, an autographed belt may be used or new, but in either case it is not provided as a belt that should be used to for everyday use; it is assumed that the person acquiring the belt will not use it but will instead treat it much like a treasured picture or other keepsake. Most items are used -- they are not new because someone of interest to you or others has already used them and may even have damaged them.
Our Right to Correct Errors. From time to time there might be information on WWE Auction that contains an inaccuracy such as a typographical error, mistake or omission (collectively, “Inaccuracy”), including any relating to item descriptions, pricing, availability or other information. We reserve the right to correct any Inaccuracy even if an auction has already occurred or any fixed price item has been sold. We apologize for any inconvenience this may cause you. Please note that while we have tried to accurately display the various colors of products, the actual colors you see will depend on particular technical specifications and settings of your computer and its display and, therefore, the colors might not be accurate. Even when there is no Inaccuracy, the item descriptions are intended to provide information only -- they are not intended to be express warranties and you agree not to rely upon them as such.
Pricing. All prices are shown in U.S. dollars and are valid and effective only for items auctioned and shipped from the U.S.; taxes and any (if any) shipping and handling charges are additional. All items are subject to availability, quantity limits and your compliance with the WWE Auction Terms. Subject to applicable law, we reserve the right to reject all or part of a winning bid without notice if we believe there has been a violation.
Place of Acceptance. If your bid or fixed price offer is accepted, acceptance is subject to (a) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full bid or offer and all other amounts due under the WWE Auction Terms, and (b) your full compliance with the WWE Auction Terms and with any additional conditions in disclosures made on WWE Auction or in the listing for the item (including any links from the foregoing). Acceptance will be deemed accepted by us at our Connecticut place of business (or as indicated for any other seller). If we do not receive payment within 24 hours we may suspend or cancel your interest in the item you offered to purchase without further notice, and you agree that we may do whatever we want with the item (e.g., sell it to someone else, keep it or anything else) without any accounting or liability to you.
Shipping and Handling. All items purchased at WWE Auction will be by United Parcel Service Ground with signature required (or other carriers or options that might appear during checkout) within 5 business days of verification of the payment method used by the purchaser (e.g., the winning bidder). There will be a set fee for items shipped to Canada or the United States, which will be indicated in connection with the item listing page, which fee may or may not reflect actual costs incurred. Shipments to outside of Canada or the United States will be subject to additional costs for which the purchaser is responsible, including but not limited to any and all additional shipping costs, tariffs, duties, customs, and any other fees associated with the shipping and receiving of the item.
We reserve the right to change charges and details from time to time and you agree to be bound by additional or different details that appear in connection with an auction. All orders placed through WWE Auction are shipment contracts, not destination contracts (which means that the risk of loss transfers from WWE Auction to you when we hand over the purchased item to the delivery company). Any shipping times shown on WWE Auction are estimates only – actual delivery dates may vary.
Export Restrictions. See “Jurisdictional Issues” in the Shop Terms.
No Resale or Commercial Use of WWE Auction. Use of WWE Auction is personal to you. You agree not to resell or make any commercial use of the website, without our express consent in a non-electronic record.
Indemnification. You agree to indemnify, defend and hold, WWE, Commerce Dynamics Inc. and any of their respective parents, partners, subsidiaries, affiliates, directors, partnerships, principals, governors, service providers, representatives, agents, officers and employees, and successors and assigns harmless from and against any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of WWE Auction, violation of the WWE Auction Terms, or the infringement by you or other User of WWE Auction using your computer, tablet, smart phone or other access device, username or password of any intellectual property or other right of any person or entity.
Amendments. We may change or amend the WEE Auction Terms as set forth in the Shop Terms or here. We will endeavor to provide prior notice on WWE Auction of the amended version and its effective date, but we reserve the right to provide subsequent notice when we believe an emergency exists that could hurt us or others, including property interests. Your use of WWE Auction or your failure to terminate any Membership (your account, if you are a Registered Fan) will constitute your consent to the amended version: if you do not want to agree to the revised version, do not use the website after, and terminate your Membership before, the effective date.
Damage Exclusions and Limitations, NO Warranties. To the full extent allowed by law, you agree as follows:
NO WARRANTIES. WWE AUCTION; ALL ITEMS OR SERVICES (WHETHER TANGIBLE OR INTANGIBLE) LISTED, PROVIDED OR SOLD ON OR THROUGH WWE AUCTION; ALL CONTENT, FUNCTIONALITY, SOFTWARE, MESSAGES TRANSMITTED OR RECEIVED BY US OR OUR HELPERS (as defined below); AND EVERY OTHER ASPECT OF WWE AUCTION (COLLECTIVELY, “COMPLETE PERFORMANCE”) IS PROVIDED AND MADE AVAILABLE "AS IS" AND WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND RESULTS IS WITH YOU. However and only to the extent required by law, the foregoing does not disclaim any description of an item for which we or another seller provides to the purchaser of the item, a seller-signed certificate of authenticity in a non-electronic record.
NEITHER WWE, COMMERCE DYNAMICS INC. OR ANY OF THEIR RESPECTIVE PARENTS, PARTNERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, PARTNERSHIPS, PRINCIPALS, GOVERNORS, SERVICE PROVIDERS, REPRESENTATIVES, AGENTS, OFFICERS AND EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HELPERS”) MAKES ANY COMMITMENT OR WARRANTY AND EACH DISCLAIMS ANY (IF ANY) STATUTORY OR IMPLIED OR COMMON LAW WARRANTIES, CONDITIONS OR DUTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, (A) OF MERCHANTABILITY; (B) OF FITNESS FOR PURPOSE OR USE; (C) OF RESULTS, ACCURACY, FUNCTIONALITY OR AVAILABILITY (INCLUDING BUT NOT LIMITED TO ANY SETTINGS OR PREFERENCES THAT YOU MIGHT SET OR SELECT), COMPLETENESS OR CORRECTION OF INFORMATION OR FUNCTIONALITY; (D) OF LACK OF NEGLIGENCE, REASONABLE CARE OR EFFORT; (E) OF LACK OF VIRUSES OR OTHER HARMFUL CODE; (F) OF PRIVACY OR SECURITY; (G) OF INDEMNITY; AND (H) OF ANY CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IF ANY DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE DUTY WILL BE MEASURED BY WILLFUL MISCONDUCT. ALSO, THERE ARE NO WARRANTIES OF TITLE, QUIET ENJOYMENT OR OF LACK OF INFRINGEMENT.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. YOU AGREE THAT NEITHER WE NOR ANY OF OUR HELPERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE LIKE (INCLUDING WITHOUT LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR (WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY; IDENTITY THEFT; LOSS OF PRIVACY OR SECURITY OR DATA; PERSONAL OR OTHER INJURY; INACCURACY OR LACK OF FUNCTIONALITY; COST OF PROCUREMENT OF SUBSTITUTE ITEMS OR SERVICES; MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH WWE AUCTION OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; PERFORMANCES OR LACK OF PERFORMANCES BY THIRD PARTIES; FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR FOR ANY OTHER INDIRECT OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE PERFORMANCE OR TO A BREACH OF CONTRACT OR LAW BY US OR OUR HELPERS, EVEN IF WE (OR A HELPER) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. The foregoing damages are hereinafter collectively referenced as the “Excluded Damages.”
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. You agree that your sole remedy for any breach of THE WWE AUCTION Terms or any cause of action of any nature (including tort) relating to THEM OR TO ANY ASPECT OF the COMPLETE PERFORMANCE shall be, at our option, (1) substitution or replacement of all or part of the COMPLETE PERFORMANCE that gives rise to damages (other than excluded damages) incurred by you in reasonable reliance on us; or (2) the amount of damages (other than excluded damages) actually incurred by you in reasonable reliance, which amount shall not exceed the amount actually paid by you to US FOR THE ITEM or other aspect of the complete performance GIVING RISE TO said DAMAGES. You agree that the damage exclusions in theSE Terms and this limitation of liability shall apply even if any remedy fails of its essential purpose.
Termination: In addition to our rights of termination under the Shop Terms, we may terminate your access to WW Auction for any or no reason and without notice. You may also terminate your Membership and use of WWE Auction at any time without notice to us. All obligations incurred before termination will survive it (as one example, you will still have to pay for a purchased item and we will still have to deliver the item, subject to the WWE Auction Terms).
No Return/Refund Policy
Except to any extent otherwise required by law, all sales are final and do not come with a right to a refund or exchange.
Sports Memorabilia Disclosure; Certificates of Authority
To any extent (if any) California or similar law applies to us or any of the items at WWE Auction, we might be required to provide the following type of notice:
SALE OF AUTOGRAPHED SPORTS MEMORABILIA DISCLOSURE. AS REQUIRED BY CALIFORNIA LAW, A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE SOLD BY THAT DEALER.
If the above is relevant in California or another state with a similar law, or when such a law is not relevant but an item description states that a certificate of authenticity will be provided, the certificate will be supplied with the delivery of the item purchased, e.g., if you buy an autographed belt, a physical certificate will be delivered with the physical delivery of the belt.
Shop Terms. The “Privacy and Security” and “Monitoring of Web Site” sections of the Shop Terms particularly pertain to privacy and apply (but other sections of the Shop Terms also apply), and references to “WWE Universe Participation” shall be read to include WWE Auction (and you so agree);
Social Networks. If we allow you to sign onto WWE Auction through a social network that you belong to, we may access or receive data from the network. Social networks are controlled and operated by third parties. By interacting with us through them, you may be providing them with access to your Personal Information or other information about your activities which can be used to distinguish or trace your identity or used in combination with what they otherwise know about you. You will be subject to their privacy policies in addition to ours, and information might be collected through their cookies or other technologies relating to the connections, buttons or functionalities relating to their networks (e.g., they might use persistent cookies when we might use just a session cookie). See their privacy policies before signing-in with social network credentials or otherwise using functionalities of theirs that might be on WWE Auction. We may supplement this information about social networks from time to time; and
Customer Service & Contact Information Etc.
WWE Auction is provided by World Wrestling Entertainment, Inc. You can contact us as follows:
Street Address* (for our headquarters): 1241 East Main Street, Stamford, Connecticut 06902 U.S.A.
*If you are a resident of California and would like to receive our legal name and address by email, provide us your email address by sending it to email@example.com; if you have a complaint, you may contact us as set forth above or contact the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.