Terms of Service

1. Acceptance of Terms

Welcome to Dorshorst Auctions. By accessing or using our website at www.dorshorstauctions.com , our online auction platforms, or any related services or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

These Terms constitute a legally binding agreement between you ("you" or "user") and Dorshorst Auctions ("we," "us," or "our"), operated by Marv Dorshorst, Registered Wisconsin Auctioneer #344, located at 113 N Main St., Deerfield, WI 53531.

2. Description of Services

Dorshorst Auctions provides full-service auction services, including estate, household, antique, and farm auctions. Our Services include:

• Online auction listings and bidding through platforms such as HiBid and AuctionFlex
• On-site and off-site auction events
• Bidder registration and computerized cashiering
• Shipping coordination for purchased items
• Email communications and notifications related to auctions
• Administrative tools and applications that integrate with third-party services, including Google APIs

3. User Accounts and Registration

Certain features of our Services may require you to create an account or register as a bidder. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

4. Auction Terms and Conditions

4.1 Bidding

All bids placed are binding offers to purchase. By placing a bid, you agree to purchase the item at your bid price if you are the winning bidder. Bid retraction is not permitted except at the sole discretion of Dorshorst Auctions.

4.2 Payment

Payment terms are as follows:

• Credit card payments only (unless prior arrangements for cash payment are made before auction close)
• Credit cards are charged within 24 hours after close of auction
• A 4% transaction fee applies to credit card payments
• No buyer's premium
• Wisconsin sales tax of 5.5% applies where required
• All sales are settled on the day of sale

4.3 Item Condition

All items are sold "AS IS, WHERE IS" with no warranties or guarantees of any kind, whether expressed or implied. It is the buyer's responsibility to inspect items prior to bidding. Please read item titles and descriptions carefully.

4.4 Pickup and Shipping

Pickup is at the Dorshorst Auctions building at 113 N Main St., Deerfield, WI 53531, during designated pickup times. Shipping is available for small lots only, with a $10.00 handling fee plus actual shipping cost via USPS or UPS. Items are shipped within 7 days after the designated pickup time.

4.5 Sales Tax

• Wisconsin Buyers: 5.5% sales tax applies. Buyers with valid WI tax exemption may email their certificate to dorshorstauctions@gmail.com.
• Out-of-State Buyers: Exempt from Wisconsin sales tax on shipped items. Buyers who pick up items in Wisconsin must present a valid Resale Certificate to be exempt. The buyer has the obligation to remit use tax to their home state where applicable.

5. Use of Third-Party Services and Google APIs

5.1 Third-Party Platforms

Our Services may integrate with or link to third-party platforms, including but not limited to HiBid, AuctionFlex, AuctionZip, Google, Mailchimp, and payment processors. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

5.2 Google API Services

Our applications may use Google API Services for email management, authentication, and business operations. By authorizing our application to access your Google account, you acknowledge that:

• Our use of Google user data is governed by our Privacy Policy and the Google API Services User Data Policy
• You may revoke access at any time through your Google Account Permissions
• We access only the data necessary to provide the services you have requested
• Your Google user data will not be used for advertising or sold to third parties

5.3 OAuth Authentication

When you authenticate through Google OAuth or other third-party authentication providers, you grant our application permission to access specific data as described during the authorization process. You may review and manage these permissions at any time through the respective platform's account settings.

6. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Dorshorst Auctions or its content suppliers and is protected by United States copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent.

7. Prohibited Conduct

When using our Services, you agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Engage in bid manipulation, shill bidding, or other fraudulent auction practices
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our systems or user accounts
• Use our Services for any commercial purpose not expressly permitted
• Transmit viruses, malware, or other harmful code
• Harvest or collect personal information of other users without their consent
• Misrepresent your identity or affiliation

8. Limitation of Liability

To the fullest extent permitted by applicable law, Dorshorst Auctions and its owner, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services, including but not limited to damages for loss of profits, data, or other intangible losses.

Our total liability for any claims arising from your use of the Services shall not exceed the amount you paid to Dorshorst Auctions in the twelve (12) months preceding the claim.

9. Disclaimer of Warranties

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or secure.

10. Indemnification

You agree to indemnify, defend, and hold harmless Dorshorst Auctions and its owner, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

11. Dispute Resolution

Any disputes arising from or relating to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dane County, Wisconsin, and you consent to the personal jurisdiction of such courts.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website with a revised effective date. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

13. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any auction-specific terms posted for individual sales, constitute the entire agreement between you and Dorshorst Auctions regarding your use of the Services.

16. Contact Information

If you have questions about these Terms of Service, please contact us: