May 18, 2013 19:23:26
662 AUCTIONS 5944 REGISTERED USERS 12 USERS ONLINE
Terms & Conditions
HogueAuction.com Web Site Terms, Conditions and User Agreement
The following describes HogueAuction.com's terms and conditions for which this Web site provides you access to our services. HogueAuction.com reserve the right to supplement, revise, or update these terms at any time without notice to you other than by posting to this Web site. Continued use of this site following such notice (other than to discontinue your membership) shall be deemed to indicate your acceptance of said updates, revisions and additional terms and conditions.
The United States Federal Trade Commission provides some free information for auction users. Please see their publications entitled Internet Auctions : A Guide for Buyers and Sellers and Internet Auctions: Secrets of Success
The terms "Members" and "Users" are deemed from herein to mean the same whether registered or not with HogueAuction.com.
Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.Reselling. The items available for bid on Hogue auction.com are NOT intended for resale and are to be used by the "End User" / winning bidder. If it is determined that items from HogueAuction.com are being re-sold as anything but “Cosmetic Seconds” by the "End User" / winning bidder, then that person will have their HogueAuction.com account disabled and will be bared from bidding on HogueAuction.com.
This Policy is to insure that HogueAuction.com and Hogue Inc. maintains its integrity of delivery quality products as described. These items are "Cosmetic Seconds" and advertised as such. If you decide after your purchase you do not want an item then we ask that you advertise the item as "Cosmetic Second” and not “New” and or “Un-Used”. It must be made clear that items you advertise are "Cosmetic Seconds” nor implied otherwise.
“Premium Select” items are excluded from this clause.
Bidding. Placing a bid on an item is an irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item.
Placing a bid constitutes entering into a binding legal agreement with HogueAuction.com to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. You must resolve any questions about the item by contacting HogueAuction.com prior to placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from HogueAuction.com about the item regarding any questions you may have.
Once a bid is placed it may not be canceled or retracted without the permission of HogueAuction.com. HogueAuction.com is not obligated to grant permission to retract or cancel a bid.
Biding is subject to bid increments and items may be subject to a minimum bid.
Auctions will not be extended due to technical difficulties. Do not wait until the last minute to bid!
Terms of Sale. Winning bids are due and payable within 72 hours from the auction completion. Buyers will be sent an email notification if they placed the winning bid. It is the responsibility of the buyer to track their winning bids and auction closures and should not rely on an email notification. If the buyer can not make full payment for their winning items within the 72 hours period, they should contact HogueAuction.com Immediately.
“Cosmetic Seconds”: These items function correctly and safely but have a “cosmetic” flaw of some type. Due to the range of possible cosmetic discrepancies and quantity of seconds available for auction, it is not possible to list the exact discrepancy for each auction item. Below is a list of possible discrepancies an item may have. This list is not all inclusive.
- Slight imperfections in finish
- Non-aesthetic wood grain
- Slight warpage which may produce a small gap between grip and or frame
- Slight under/over size which may cause the grip to show or hide part of the frame
- Mismatched color, grain, texture or other material mismatch
- Nicks, chips or small voids in material or checked pattern
- Discontinued item
No Flaw will affect the proper function of the product.
“Premium Select”: These are items that are first rate form, fit, function, quality and appearance. Items in this category can exhibit exceptional wood grain pattern and or color.
All Other Items: These are items that do not fall under the above two categories of “Cosmetic Seconds” or “Premium Select”. Each item in this category is as stated in that items “Description” area.
Warranty – “Cosmetic Seconds”
By the nature of these items having the above discrepancies, as stated under the “Cosmetic Seconds” Grips section, there are no implied warranties.
Warranty – “Premium Select”
These items are completely covered by all Hogue warranties as for any Hogue retail grip of the same make, model, wood type and feature.
Returns – Excludes “Premium Select” and any other item that states a different policy in that items description.
Any auction item that is returned to Hogue will receive Hogue credit for the purchase amount only and Any auction item that is checkered at the request of the winning bidder will be subject to a re-listing fee of $10.00 for each item returned. Initial and return shipping cost will not be refunded or credited. Items may not be returned after 30 days from purchase date.
Hogue Inc. and HogueAuction.com are owned and operated by the Hogue Family. We are a family business and treat our customers as such. Our business philosophy is one of perfection. For this reason we promise to do our utmost to provide you with the finest handgun stock made and we guarantee to take care of problems ASAP We have an excellent reputation and we intend to keep it!
Payments And Fees.
There are no fee to register, browse, place bids or to use any of the other services on this Web site.
Buyers winning items that have not be paid within the 72hr period may have their account terminated and the auction items may be voided and re-listed at our discretion. Promotional offers, including free or discounted items, will be void if your account is more than 72 hours past due.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction.
You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including but not limited to Final Value Fees incurred for any items you win but fail to pay for, Final Value Fees for any items on which you place bogus bids, and the cost of our time spent in resolving deliberate rules violations.Technical Difficulties. This auction site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid! Feedback. Feedback may only be posted buy the winning bidder for a given transaction. Feedback is associated with a specific item listing and must pertain specifically to that item listing. By submitting feedback you agree that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction. You may not take any actions which could undermine the integrity of the feedback system, including posting bogus bad feedback to falsely damage HogueAuction.com.'s rating.
HogueAuction.com is not responsible for the information posted by a user in the feedback system. It is not our responsibility to determine the 'truthfulness' of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any piece of user-posted feedback at any time for any reason.
Remember our HogueAuction.com guarantee.Registration. Members agree to provide true and accurate information about him/herself in the registration form.
It is a violation of Federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name your web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.Mail System / Spam. Our user-to-user messaging system ("Post question for Seller ", "Send to a friend ", etc.) exists solely to allow contact between bidder (or potential bidder) and seller for the purpose of engaging in or completing an auction transaction. Use of the messaging system for any other purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited commercial email). HogueAuction.com may not contact the bidder(s) on similar listed items and promote or offer another item for sale. Users may not send spam through this auction site or through other mail servers for any purpose, including promoting this site. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various laws.
Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your HogueAuction.com account.
Scheduled Maintenance / System Downtime. As with all Web sites, we may need to perform system maintenance, updates and upgrades. This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime.
Termination. HogueAuction.com may, at its sole discretion, terminate service should a users conduct fail to conform to this Terms, Conditions and User Agreement or other rules of this site. Abusiveness or use of profanity directed toward this auction site or its personnel will result in immediate termination of the users account with HogueAuction.com.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
DESCRIPTION OF SERVICE
This Auction Site ("Service"), owned and operated by this Auction Owner ("HogueAuction.com"), is provided to you under the following Terms of Service and any operating rules or policies that may be published by this Auction Site. The Terms of Service comprise the entire agreement between Member and this Auction Site and supersede all prior agreements between the parties, regarding the subject matter contained herein. By participating in the registration process, you are indicating your agreement to be bound by all of these Terms of Service.
MODIFICATIONS TO TERMS OF SERVICE
This Auction Site is providing Member with an auction service to buy items from HogueAuction.com. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data").
If any information provided by Member is incomplete or inaccurate, this Auction Site retains the right to terminate Member's membership and rights to use the Service.
MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify these terms and conditions at any time without notice. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of these Terms of Service and any modifications; and (2) agreement by Member to abide and be bound by these Terms of Service and modifications.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
This Auction Site reserves the right to modify or discontinue the Service with or without notice to Member. This Auction Site shall not be liable to Member or any third party should this Auction Site exercise its right to modify or discontinue the Service.
DISCLAIMER OF WARRANTIES
Once you become a Member of the Service, you will access your account by a user ID and a password. You are entirely responsible if you do not maintain the confidentiality of your user ID and password. Furthermore, you are entirely responsible for any and all activities, which occur under your user ID and password. Member agrees to immediately notify this Auction Site of any unauthorized use of Member's user ID or any other breach of security known to Member.
LIMITATION OF LIABILITY
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS AUCTION SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS AUCTION SITE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS AUCTION SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THIS AUCTION SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THIS AUCTION SITE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
THIS AUCTION SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THIS AUCTION SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Member's right to use the Service is personal to Member. Member agrees not to resell or make any commercial use of the Service, without the express written consent of HogueAuction.com
This Auction Site retains the right, at our sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of these Terms of Service and User Agreement. This Auction Site reserves the right to terminate service if a Member's conduct is found to be inconsistent with these Terms of Service and User Agreement.
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees 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. This Auction Site may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these Terms of Service and User Agreement.
Member agrees to indemnify and hold this Auction Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of these Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Should Member object to any of these Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify this Auction Site of termination.
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. This Auction Site assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
These Terms of Service shall be governed by and construed in accordance with the laws of the state of California. Member and this Auction Site agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This Auction Site's failure to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by this Auction Site in writing. Member and this Auction Site agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.
Copyright 2013, Hogue Inc. :: Site Designed By WrightWorkx
HOGUE®, MONOGRIP®, HANDALL®, OverMolded®, Bantam®, Ghillie®, G-Mascus®, PowerSpeed™, PolySwivel™, Cobblestone™, Lamo Camo™, Tamer™, Short Shot™, Magrip™, EZG™, Extreme™ Series, Hybrid™ and Avenger™ are Trademarks of Hogue Inc.