Terms and Conditions of Service
By setting up an account with Haulsale and/or using and accessing our service, you agree to and accept these terms as outlined below.
Account and access
To access our service, you must register and set up an account with a valid email address. All notifications and notices from Haulsale will be sent to the email address used on registration. Each time you log into Haulsale, a unique passcode will be delivered to this same address.
You must make sure the email address you provide in your account details remains active and is checked by you on a regular basis. Failing to respond to messages from Haulsale in a timely manner can result in penalty fees, as described below.
Your account and other activities on our website are subject to the terms of our Privacy Policy. You must be at least 18 years of age and capable of entering into a binding agreement to use our service.
When using our service, you must not create more than one account. You may not give any false or misleading information in your account details or permit another person to use our services under your name or on your behalf unless you are a business and such person is authorized by you. You may not use the service if we have suspended or banned you from using it.
Without limiting other remedies, Haulsale may immediately without notice temporarily or indefinitely suspend or terminate your account: (a) if you breach these Terms and Conditions or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or Haulsale.
By using our service, you agree to indemnify, defend and hold harmless Haulsale and our parent, affiliates, directors, agents, service providers, subcontractors, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You also release Haulsale and our parent, affiliates, directors, agents, service providers, subcontractors, interns, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Changes to service
Haulsale does not guarantee continuous or uninterrupted access to our services, and operation of the site may be affected by numerous factors outside of our control. We are constantly updating and improving to reflect changing technologies, tastes, behaviors, and the way people use the Internet and our service. In order to do this, we may need to update, reset, stop offering, and/or supporting a particular part or feature of our service. Such changes may affect your past activities, features that you use, or your user content, including possible deletion or reset.
We may revise these Terms of Service at any time. Changes will usually occur because of new features, changes in the law or because we need to clarify our position. We will try, where possible and reasonable, to contact you to let you know about any significant changes to our terms, service, or platform. We may contact you through our platform (for example by asking you to accept the changes before you continue to use our service) or via a separate email.
Haulsale retains the right but does not have the obligation to immediately halt any auction or sale, prevent or restrict access to the site or the services or take any other actions, in case of technical problems, inaccurate listings, typographical errors or errors in a fixed price or auction listings, inappropriately categorized items, auction inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained in these Terms and Conditions, or for any other reason in our sole and absolute discretion.
Policies for selling with Haulsale
By using our website or service you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) you have legal title to and ownership of the products that you submit to us for appraisal or list with us; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items for sale is to the best of your knowledge complete, truthful and accurate.
You are responsible for ensuring the integrity and safety of the items included in your lots. You are solely responsible for complying with any and all laws and recall or safety alerts with respect to any items included in your lots listed on Haulsale. You agree to promptly remove any items or lots upon issuance of any such law, recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights.
Your obligation to deliver your items for sale
All sales with Haulsale are binding. By listing your items for sale on our site, you are entering into an agreement with us to sell your items.
If you receive at least one bid at or above your stated minimum price, you must complete the transaction with the highest bidder upon the auction’s completion. The same is true with any buyer who purchases your lot at the “Buy It Now” price. You are obligated to produce your lot as described at auction and to fulfill the order unless there is an exceptional circumstance. Failure to do so will result in cancellation or buyer protection fees.
Upon the completion of a sale, you might have access to the buyer’s full physical address in the form of a shipping label or manifest. You are strictly prohibited from using this personal information for anything other than completing the sale.
Payments
In order to cash out seller earnings, you may be required to verify your identity. This verification helps Haulsale to maintain a safe place to buy and sell. At any time, Haulsale may require a seller to re-verify his or her identity. As part of this verification process, and as enforced by regulatory requirements relating to online payments, you will be required to provide the last four digits of your Social Security Number (SSN) or Employer Identification Number (EIN). This information is transmitted securely and will not be stored by Haulsale.
Haulsale may hold your earnings for up to 5 days after the sold lot has been delivered to the buyer. The date of delivery is determined according to the shipping carrier’s tracking system, or when the buyer and seller confirm the lot has exchanged hands. When listing a lot on Haulsale, you will provide an estimated delivery window. If the lot is not delivered within 14 days of the provided delivery estimate, the sale and pending payout will be considered canceled.
Your earnings will be available after the 5-day holding period (usually sooner), except in cases wherein our buyer protection policy has been invoked. If such a dispute arises during the holding period, Haulsale reserves the right to notify you and to hold seller earnings beyond the 5-day period, and for as long as necessary to review and resolve the issue.
Buyers on Haulsale have 3 days from the arrival of their goods to file a protection claim. If a dispute is resolved in the buyer’s favor after the funds from the sale have been disbursed to you, Haulsale reserves the right to charge your method of payment on file to recoup any and all amounts owed. See “Buyer protection and refunds” below for more details on when refunds may be granted.
You may also be subject to an agreement with the third-party licensed payment processors we have partnered with to facilitate the disbursement of funds. Acceptance of Haulsale’s Terms of Service automatically constitutes acceptance of Stripe’s Connected Account Agreement.
If there are insufficient funds in your bank account or insufficient credit available when our provider processes the recoupment of fees or balances due to Haulsale, Haulsale reserves the right to contact you directly to seek payment. Haulsale may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
Tax and seller of record
You are responsible for all taxes (including any associated penalties, fines, charges, and late payment interest) relating to your sales of items through our service. You are responsible for tracking, reporting, and paying all sales taxes as may be applicable in your state. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. By listing your items with Haulsale, you agree that you are the seller of record for their eventual sale.
Standard fees
Haulsale commission
Before disbursing your earnings from the sale of your lot, Haulsale will deduct a commission of 10% of the selling price.
Payout processing
Haulsale has engaged licensed, third-party service providers to perform payout processing, including Stripe and Paypal. Payment processing fees average 2.9% per transaction and will be prominently displayed at checkout.
Penalty fees
Fees for cancellation of an order
If your lot is to be shipped to its buyer, you must upload a tracking number to the order record (found in “Sales” under “My Account”) within 4 business days of auction close. If, by the fifth business day after the sale, you have not shipped and uploaded the tracking information, the sale will be automatically canceled and Haulsale will administer a $10 sale cancellation fee to your account.
If your lot is to be picked up by its buyer, you will be notified by email of the buyer’s availability (a selection of 4, 2-hour windows over the following 5 days) within 24 hours of the auction close. You must set your pickup appointment as directed within 24 hours of receipt of this email. If, after 24 hours, you have not confirmed the appointment time or otherwise notified us in writing of extenuating circumstances, you will be considered to have canceled the sale and the $10 cancellation fee will be administered.
Refund fee for invocation of buyer protection policy
Resolution of disputes/claims made by buyers are made at Haulsale's sole discretion. When Haulsale resolves to issue a refund to the buyer of your lot due to an invocation of our buyer protection policy, the refund amount is deducted from the impending seller payout or is charged to the seller’s method of payment on file. Haulsale will administer an additional refund fee of $20 to your account in this event.
If you wish to have the lot in question returned to you in the event of a refund, you must inform us within 24 hours of the refund notification email. Haulsale will facilitate the return shipment by forwarding your pre-paid return label to the buyer.
Appeals
Sellers wanting to appeal a fee or payout adjustment must do so within 5 calendar days of receiving notice of the penalty. Decisions about appeals are final and cannot be contested. If an appeal is decided in the seller's favor, the appealed amount will be refunded to the seller at a loss to Haulsale.
Policies for buying with Haulsale
Both by creating an online Haulsale account and by bidding on any item, the bidder acknowledges and agrees to be bound by these Terms and Conditions, and specifically accepts that these Terms and Conditions constitute a binding contract.
By submitting a bid on any Haulsale lot, you authorize Haulsale to place a pre-authorization hold on your credit card in the amount of the bid, plus the 10% platform fee, plus shipping (if applicable) to validate your ability to pay for the order if you are the winning bidder. The pre-authorization hold is not a charge, and your credit card will only be charged if you have placed the highest bid at the time of the auction’s close. You will be billed automatically if you are the winner.
You may also choose to purchase a lot outright at the “Buy It Now” price if one has been given. Purchasing at the “Buy It Now” price is subject to the same terms and conditions as bidding in an auction.
Assumption of risk and disclaimer of warranties
By submitting a bid on any Haulsale lot, you are warranting that you are knowledgeable and informed about the items contained in the lot and that you assume all risk relating to the condition, authenticity, and value of the item. You understand and agree that you are relying solely on your own judgment when submitting a bid, and that all lots offered for sale are sold “as is, where is, with all faults” and without representation, warranty, or guarantee of any kind, whether created by statute or by common law.
The fact that damages, repairs, restorations, or other defects might be described for certain items does not mean that all defects to such items are described or that similar conditions do not exist concerning other items although not noted.
Haulsale makes no representation or warranty concerning the value, condition, authorship, period, source, origin, measurement, or authenticity of any lots or individual items offered for auction. Any provided grading or authentication, including any statements made on certificates, reports, or valuations that might be present in a lot are not the opinions or statements of Haulsale. You understand that Haulsale has not verified any such statements or opinions and does not warrant their accuracy.
It is ultimately your responsibility to arrive at a final conclusion on your level of satisfaction with a lot PRIOR to bidding. Please do not bid on a lot if you are not comfortable with the associated risks that accompany it. When you become the winning bidder at auction you have effected a contract and will be expected to pay for lots in which you were evidenced to be the successful bidder. Haulsale will not honor "mistakes".
All sales processed through Haulsale should be considered non-cancelable and final; items are not eligible for return or exchange. However, we guarantee that you, the buyer, will receive the items included in your lot’s listing manifest. See the “Buyer protection policy” section below for complete terms and conditions.
Your obligation to pick up won lots
If you elect to pick up your lot, you must indicate your availability for a pick-up appointment within 24 hours of auction close using our calendar scheduling system (currently conducted via email). After you have selected 4, 2-hour windows of availability over the 5 days following the auction close, the seller of your lot will have 24 hours to confirm an appointment within your provided availability.
If 24 hours from the auction close have passed and you have not submitted your pick up availability via the online scheduler emailed to you, or have not otherwise informed us in writing of extenuating circumstances, you will be considered to have forfeited the lot and we reserve the right to offer it to the next highest bidder. In this event, you will be refunded your payment, minus our 10% platform fee, within 3-5 business days.
As part of the pick up coordination process, you will be provided with a physical address that may be a private residence or place of business. You are strictly prohibited from using this information for anything other than completing the pick up of the lot.
You are responsible for removing all of the items included in the manifest for your lot. Haulsale cannot guarantee the conditions of accessibility at the pickup location. It is your responsibility to arrive with any packaging, moving aids, and additional laborers needed to safely remove and transport their items without the assistance of the seller. Haulsale is in no way responsible for any damages to persons or property incurred during this pickup.
Any items left behind, or found to be inappropriately disposed of in a manner that could make the seller liable to fines or penalties (i.e., dumping items on the curb) could result in additional fees to you, as described in the following section.
Penalty Fees
Fees for failure to remove items
If any items included in the original listing manifest for your lot are not taken away within the provided timeframe of the pickup appointment, we may charge a fee of up to $400 to your method of payment on file. This amount will be used to reimburse the seller for any necessary alternative means of removal and will reflect those costs.
Fees incurred for improper disposal
If the seller reports and can substantiate that they or their business have been subject to any fines, fees, or penalties from local authorities as a result of the improper disposal of items included in your lot, we will charge you for their full amount, including any taxes or administrative costs. We strongly recommend that you consult local guidelines on safe and legal disposal protocols before arriving at your pickup appointment and plan accordingly to avoid additional fees.
Buyer protection policy
In certain situations where your order never arrives, is damaged in transit, or is missing items from the original manifest, you are eligible for a full or partial refund under our buyer protection policy.
Our buyer protection policy can be invoked when:
- Your order has not arrived after 14 days beyond the estimated delivery window
- Items in your lot are damaged in transit
- Your lot is missing items that were advertised in the manifest at auction
- The purchase was unauthorized
To open a claim, please email info@haul.sale with a detailed report of the issue. Include the order number and any relevant, supporting photos. Claims must be submitted within 3 days of receipt of your order. Your order becomes nonrefundable on the fourth day after the order has arrived at your address. If reporting an unauthorized purchase, you should notify us immediately so that we can try to protect you from financial loss.
If all or part of your order is not delivered after 14 days beyond the supplied delivery estimate, you must file a claim within 90 days of the auction close. If an undelivered order has a tracking number that indicates completed delivery and theft is suspected, you are responsible for contacting your post office and filing a police report.
You may be required to physically return some or all of the items from your lot for your refund to be processed. In these instances, the original packaging materials should be re-used and a shipping label will be provided at no cost to you.
The following instances are not covered by our buyer protection policy and we do not offer refunds for:
- Buyer's remorse
- Orders that have already been refunded or charged back by the buyer’s bank
- Damage that occurs to items after they are delivered
- Lots for which the purchase price exceeds $2,000
If an order is canceled by Haulsale, you'll receive an email confirmation of the cancellation and an automatic refund on the original method of payment. Your charges will be returned to you within 3-5 business days of cancellation, if not sooner.
Payment processing
Haulsale has engaged licensed, third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis, and regulatory compliance. The provider and processing time for your payment or refund may vary. If there are insufficient funds in your bank account or insufficient credit available when our provider processes payment, Haulsale reserves the right to contact you directly to seek payment. Haulsale may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.