Terms & Conditions

Auction Type This is an online auction only.

Auction Location 901 Guelph Line, Burlington, ON L7R 3N8 (Auction items are located at this location)

Acceptance of Terms Rosehill Online (1492222 Ontario Inc), provides its service and items to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you.

Registration & Identification At the time of registration, we collect information about you to verify who you are before you can bid. We collect credit card information to ensure that you are a qualified buyer. All bidders must be of legal age to bid.

Online Auction Use Our online auction can only be, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the terms & conditions.

Registrants Obligation In consideration of your use of our online auction, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. Keeping a valid credit card on your account is mandatory. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rosehill Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rosehill Online has the right to suspend or terminate your account and refuse any and all current or future use of Rosehill Online's website and services (or any portion thereof).

Paying For Your Purchases There is no cost to register for an auction. Your credit card will not be charged unless you win a bid. When an auction closes, the registered credit card is charged and winning bidders will receive an e-mail with an attached invoice or receipt from rosehillonline.ca.

Fees & Taxes All items on this site are subject to a 10% buyers premium and also HST (13% sales tax). All items are priced in Canadian dollars. If you are a successful bidder, you are responsible for paying any buyer's premium and taxes on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and fees that may be imposed on an Item prior to bidding for it.

Terms for Non-Payment All bids are final and winning bids are automatically processed to the winning buyers registered credit card. If you are the winning bidder and your payment has failed because your registered credit card has declined you will be notified by email. The buyer is then given a chance to rectify the issue with their bank or contact Rosehill Online to make other arrangements. If the invoice has not been paid in 3 days after the event closes or within a time extension allotted by Rosehill Online then the buyer could face legal action and will be restricted from participating in further events.

Bidding We recommend that bidders put in their maximum bid, or also called proxy bid, when placing a bid online. This does not mean you will have to pay the amount you bid; you only pay one bid increment more than the next highest bid, and only up to your maximum bid. The software system will play out the bids as you would at a live auction and only uses the funds required to beat out the under-bidder at the prescribed bid increment.

Bid Increments

Price Level             Bid Increment

$0.00 - $24.99               $1.00

$25.00 - $99.99             $2.50

$100.00 - $199.99         $5.00

$200.00 - $999.99         $10.00

$1000.00 - $4999.99     $25.00

$5000.00 - $9999.99     $50.00

$10000.00+.                  $100.00

Bidding Notification You can choose to be notified by e-mail during the auction if you have been outbid. Please note that outbid notifications are NOT sent out once the auction begins to close.

Email Communication As per Canada's new anti-spam legislation (effective date July 1, 2014), we are required to secure your consent to communicate with you electronically. By registering for this auction, you are opting in to receive auction notices from Rosehill Online (rosehillonline.ca). Your privacy is important to us -- your email address will not be shared with any other party.

Reviewing Your Bids During an auction you can check the status of your bids at anytime. Note that no bids can be withdrawn after the auction, for any reason, after auction begins to close.
The amount bid can be increased but cannot be decreased. Rosehill Online may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error before the auction begins to close. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the Rosehill Online, however, there is no guarantee that any bid will be withdrawn.

Bidders Obligation By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Rosehill Online but also a breach of these terms & conditions.

Soft Close Items close at regular intervals noted on the items closing countdown clock. To prevent a bidder from 'sniping', all bids made within 2 minutes of the lot closing will force an item to stay open for an additional 2 minutes. This will continue until all bidding has ceased.

The Winning Bid The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then Rosehill Online shall have the right to accept the next highest bid.

Auction Records In the unlikely event of a dispute, you agree to accept as true the information that we have in our online records.

Additions or Deletions We reserve the right to remove and/or add lots and/or items to the sale at any point during the auction.

Catalogue Errors & Omissions If a description does not match a picture in a lot, the description takes precedence.

Condition of Lots Sold Our best efforts are made to represent all items accurately in descriptions and photographs. We inspect items and define their condition to the best of our ability. We strongly encourage all bidders to personally verify the condition of each item during the scheduled preview times. Though all description and commentary are believed to be correct, neither Rosehill Online nor Consignor makes any warranties or representations of any kind with respect to the property, and in no event shall be held responsible for having made or implied any warranty of description, sizes, genuiness, authorship, attribution, provenance, period, culture, source, origin, condition, etc.

Lot and Item Condition Definitions The following list details the criterion Rosehill Online uses to determine the condition of lots and items sold on our auction.

  • BRAND NEW - an item that has not been used in any form and is in its original packaging. The original outside seal may be broken as we may inspect an item before listing. However, if the the product looks untouched and packaging is undisturbed we may not inspect item. This item may have been undeliverable or not accepted by original purchaser. The item could be a discontinued item or overstock but not sold or used. 
     
  • NEW - an item is deemed in new condition if the item appears not used, or very lightly used, and may have been taken out of the box or packaging, but placed back into the container. There are no missing parts and is functional. The item does not need to be brand new to qualify as new in our definition. Because we inspect all items the original factory seal may be broken and inside packaging may be damaged but the item itself appears to be in excellent condition. There are no obvious wear marks or scratches. The item may have been returned by original buyer but its condition is still excellent.
     
  • NEW OTHER - this condition is the same as a NEW item as described above, but with a flaw that is described in the product description. This could be a new item that has been damaged in transit, or has a blemish that may not be of concern to some buyers, a dent or mark that doesn’t render the item inoperable.
     
  • OPEN BOX - an item that has been returned or may have been a demonstration or display model. The original box or packaging may not be present. A product that has been assembled and then disassembled and returned not allowing us to guarantee all parts are present. Though all or any of these conditions are true we consider the item to be in excellent condition with no or very little wear or signs of use.
     
  • OPEN BOX - Excellent Condition - The product may or may not be in the original package or in the case of appliances and furniture not in a box at all. The item in most cases is a product that was undeliverable, a floor model, factory second, or a returned item in excellent condition with no signs of use. There may be some minor flaws or minor defects. See details in description. Manufacturers warranty may still apply - see details
     
  • OPEN BOX - Scratch & Dent - The product may or may not be in the original package or in the case of appliances and furniture not in a box at all. The item has some cosmetic damage from transport or mishandling but does not affect the function of the product. These flaws are shown in the photos of the image. Manufacturers warranty may still apply - see details
     
  • REFURBISHED - An item that has been professionally restored to working order by a manufacturer or manufacturer-approved vendor. This means the product has been inspected, cleaned, and repaired to meet manufacturer specifications and is in excellent condition. This item may or may not be in the original packaging. See product description for full details.
     
  • USED - An item that has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. This item may be a floor model or store return that has been used in varying degree. See the description for full details and description of any imperfections.
     
  • SALVAGE - An item that may not function as intended and may not be fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, items that are locked or can't be activated, or items missing essential components. This item may be good for parts only. See the description for full details.
     
  • AS IS - The item is considered ‘As Is’ when we take no responsibility for its state or functionality. There are no returns nor refunds for these items and the buyer takes full responsibility for accepting the item as it is.

Pickups Pickup location is at 901 Guelph Line, Burlington, ON L7R 3N8. The purchaser can pick up their items with a paid receipt. Items can not be picked up until the invoice is paid. Government issue ID is required to pickup items by the original purchaser or by a representative that was authorized by email from the registered email account of the buyer. Removal shall be at the expense, liability, and risk of the purchaser. Do not bid if you are unable to have your items picked up. 

Abandoned Items We understand situations occur making it very difficult or impossible to pickup items in the week after the auction. We will hold items for a reasonable amount of time if requested, but only if specifically authorized by Rosehill Online. Due to storage space and the liability of holding sold items, any items not picked up after 30 days of the event’s closing, will be placed back into Rosehill Online’s possession and ownership, unless prior consent from Rosehill Online. No refund will be given and we will have the right to place these items back on auction.

Returns Items are eligible for returns if the following conditions exist: The item has been either misrepresented by us or it is listed as functional and it is not. The item must be returned to the auction location within 7 days of pickup to qualify for a refund unless expressed otherwise by Rosehill Online.

Refunds - Full or partial refunds are applied to the buyers registered credit card. Refunds take 5 - 10 business days to deposit into that account.

Personal & Property Risk We will not be liable for damage or injury to individuals or their property.

Claims No claims regarding goods purchased will be allowed.

Legal Compliance You shall comply with all applicable domestic and international 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.

Indemnity You agree to indemnify and hold Rosehill Online 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.

Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

Copyright All material and content as provided by the Rosehill Online is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.

901 Guelph Line, Burlington ON L7R 3N8