NICO Auction LLC (“Company“, “we“, or “us“) provides an online platform (website and future mobile app) for liquidation auctions and item reselling (the “Service“). By accessing or using our website or app, registering an account, or participating in any auction or sale, you (“User“, “you“) agree to be bound by these Terms of Service (“Terms“). These Terms constitute a legally binding contract between you and NICO Auction LLC regarding your use of the Service. If you do not agree with any part of these Terms, you must not use our Service.

You must be at least 18 years old (and of legal adult age in your jurisdiction) to register or use our Service. Our services are only available to individuals who can form legally binding contracts; minors are not permitted to participate in the auctions. By using the Service, you represent that you are 18 or older and otherwise legally qualified to enter into contracts. We reserve the right to request proof of age or identity at any time to verify eligibility.

Geographic Scope: Our Service is intended for users located in the United States. While our website may be accessible from other locations, we make no warranties that the Service is appropriate or available outside the U.S. Users accessing the Service from outside the U.S. do so on their own initiative and are responsible for compliance with local laws.

To bid on items or otherwise use certain features, you must create an account. During registration, you agree to provide accurate, current, and complete information about yourself including your name, email, phone number, and address. Registration is required to participate in auctions, and you must keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account, you must notify us immediately.

Payment Information: In order to register or bid, you may be required to have a valid payment method (such as a credit or debit card) on file. A valid email address and credit/debit card are typically required for bidding approval. By providing a payment method, you authorize the Company to charge it for any amounts you owe (such as auction purchases, buyer’s premiums, or applicable fees). All financial information is subject to our Privacy Policy (see below).

Account Security: You are responsible for all usage of your account. Do not share your password with others. We will assume any activity under your account is authorized by you. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms.

Binding Bids: When you place a bid on an item, you are making an irrevocable offer to purchase that item at up to the bid amount. All bids are final and legally binding – if you are the highest bidder at the auction’s close (the “winning bidder”), you are obligated to complete the purchase of that item. Bids may not be retracted or cancelled once placed, so please bid carefully. The Company (and/or the seller or auctioneer) reserves the right to refuse or void any bid at our discretion (for example, in the event of obvious error or suspected fraud).

Payment and Invoices: If you win an auction, you agree to pay the full amount of your winning bid plus any applicable fees, taxes, and charges. We will generally issue an invoice or confirmation to the winning bidder via the website or email after the auction. Payment is due immediately or within the timeframe stated (if a specific period is provided in the auction details). By bidding, you consent that NICO Auction LLC may automatically charge the payment method on file for the amount of your winning bid and any additional fees. If payment is not received by the deadline, or if your provided payment method is declined, you will be in breach of these Terms.

Buyer’s Premium and Fees: A Buyer’s Premium (a percentage fee added to the winning bid price) may be added to each purchase. If a buyer’s premium applies, the percentage or amount will be disclosed in the auction listing or before you confirm your bid. For example, if a 10% buyer’s premium is in effect and you win an item for $100, an additional $10 will be added, making the total $110. You are required to confirm and agree to the total price (bid plus premium) when placing a bid. We may also charge other fees as specified (such as handling fees or late payment fees), and any such fees will be indicated in the relevant auction terms or on our Fee page. By bidding, you agree to pay any applicable premiums or fees associated with the transaction.

Taxes: You are responsible for any sales tax, use tax, VAT, or other taxes or governmental fees associated with your purchase. If the Company is required to collect sales tax for your state or locality, such tax will be added to your invoice unless you provide a valid tax-exempt certificate prior to purchase.

Auction Procedures: Auctions will have a designated start and end time, as indicated on the listing. The highest bid received (that meets or exceeds any reserve price) at the close of the auction will be the winning bid. In the event of any dispute regarding a bid or winner, the Company (or the auctioneer managing the sale) has sole discretion to determine the winning bidder or to re-offer and resell the item if necessary. We reserve the right to withdraw or cancel any listing, or to extend or reopen an auction in the case of technical issues or other disruptions. We also reserve the right to set minimum bids or reserve prices on any item (a reserve is a hidden minimum price below which the item will not be sold).

No Shill Bidding or Collusion: You agree not to engage in any fraudulent bidding practices. This includes bidding on your own items (if selling) or coordinating with other users to artificially raise or lower prices (so-called “shill bidding” or bid rigging). Such activities are strictly prohibited. We reserve the right to monitor bidding and take action, including canceling suspect bids or terminating accounts, if we believe improper conduct has occurred.

Buyer Default: If you are the winning bidder and fail to promptly pay for and complete the purchase of an item, or if you otherwise refuse to honor your bid, you will be considered in default. In such cases, the Company and/or the seller may cancel the sale. Cancellation Fee: If you win an auction but fail to fulfill your payment or pickup obligations, the Company reserves the right to charge you a cancellation fee as liquidated damages for your default. This fee is typically a percentage of your winning bid (for example, 10% of the bid amount), though a specific amount may be stated in the auction terms. Charging a cancellation fee does not limit our right to seek additional remedies allowed by law for losses or costs due to your breach. You agree that this fee is a reasonable estimate of the costs to the Company of your failure to complete the purchase.

In addition to or in lieu of a cancellation fee, we may, at our discretion, limit or suspend your account privileges or ban you from future bidding if you default on a purchase. We may also, in coordination with the seller, offer the item to the next highest bidder or re-list the item in a new auction if you default. You will not be entitled to any refund of fees or premiums already paid if a sale is cancelled due to your default.

Seller Default: If you are a seller and you fail to complete a sale to a winning bidder (for example, by refusing to deliver the item after auction or cancelling the transaction without cause), you may be responsible for a seller cancellation fee or other consequences according to our policies (which may be provided in a separate seller agreement). Sellers are expected to honor all winning bids and deliver items as described. Repeated failure to fulfill orders may result in suspension of selling privileges.

Seller’s Delivery Options: For each item listed, the seller will specify whether shipping is offered or if the item is for local pickup only (or both options). It is the buyer’s responsibility to review the listing and understand the delivery method before bidding. If shipping is offered, the listing will typically indicate shipping fees or whether shipping costs are the buyer’s responsibility; if only local pickup is offered, the buyer must be able to retrieve the item in the stated location.

Buyer’s Responsibilities: If you are the winning bidder, you are responsible for promptly arranging pickup or shipment of the purchased item as per the listing terms. – For local pickup: You must pick up the item at the specified location within the timeframe indicated (or as arranged with the seller). Please bring identification and your purchase confirmation when picking up. If you fail to pick up the item within the agreed time, the item may be deemed abandoned and you may still be charged for the purchase. The seller or Company may, at their discretion, charge storage fees for late pickup or treat your failure to pick up as a cancellation/no-show (in which case cancellation fees and default consequences may apply). – For shipping: If shipping is offered and you choose shipping, you are responsible for paying all shipping and handling costs unless otherwise stated. The winning bidder is responsible for arranging and paying for shipping charges in such cases. The seller will typically ship the item to the address you provide in your account. You must ensure your shipping address is correct and up to date. Title and risk of loss to the item generally pass to you upon handing off the item to the shipping carrier or at the time of pickup. We recommend purchasing insurance or using tracked shipping for valuable items, as neither the seller nor NICO Auction LLC is liable for items that are lost or damaged in transit after being shipped.

International shipping: At this time, our auctions are intended for U.S. buyers and shipment is generally limited to U.S. addresses. Sellers are not required to ship items internationally. If you (as a buyer) are located outside the U.S. and wish to bid, you do so at your own risk and are responsible for any import/export requirements, duties, or customs issues. Ensure that you coordinate with the seller before bidding if international shipping might be required.

Inspection of Items: We encourage buyers to review item descriptions, photos, and any available inspection times before bidding. Items in our auctions are typically used or liquidation goods sold “as is” (see No Warranty section below). If an in-person preview or inspection is offered for an auction, details will be provided in the listing. It is your responsibility to ask any questions and satisfy yourself about the condition of an item before placing a bid. Neither NICO Auction LLC nor the seller guarantees the condition, functionality, or suitability of items beyond what is described in the listing.

All content and materials available on the Service – including but not limited to text, logos, graphics, images, software, and databases – are the property of NICO Auction LLC or our licensors and are protected by intellectual property laws. NICO Auction and our logos are trademarks of NICO Auction LLC. You are granted a limited, revocable license to access and use the website/app for its intended purposes (participating in auctions and related activities). You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

If you submit or upload content to the Service (for example, photos or descriptions for a listing, or any feedback/reviews), you grant NICO Auction LLC a non-exclusive, worldwide, royalty-free license to use, copy, display, and distribute your content in connection with operating the Service. You represent that you have the rights to any content you provide. We may remove or modify user-submitted content for any reason in our discretion, especially if it violates these Terms or any law.

Our collection and use of personal information in connection with the Service is described in our Privacy Policy (see below). By using the Service or registering an account, you consent to the collection, use, and disclosure of your personal data as outlined in the Privacy Policy. Notably, if you purchase an item, we will share the necessary contact information with the seller to facilitate the transaction (e.g., to arrange pickup or shipping) . We value your privacy and will not sell your personal information to third parties for their marketing purposes. Please review the Privacy Policy for full details on how we handle your data.

Items Sold “As Is”: All items auctioned through our Service are sold on an “as is, where is” basis, without any warranty of any kind, unless expressly stated otherwise in writing. This means that neither NICO Auction LLC nor the seller makes any guarantees, representations, or warranties (express or implied) about the quality, condition, authenticity, functionality, or fitness for a particular purpose of any item. The entire risk as to the quality and condition of the goods lies with the buyer. You agree that you have had the opportunity to preview or inquire about the items before bidding, and you accept the items in whatever condition they are in at the time of sale. There will be no refunds or returns on auction items unless explicitly stated otherwise in an auction’s special terms.

Service “As Is”: Your use of the NICO Auction website and app is at your own risk. The Service is provided on an “as is” and “as available” basis. We make no warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service and any content or software provided therein, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that any information (including item descriptions or prices) is accurate, complete, or current. While we strive for accuracy, there may be occasional errors or omissions; we shall not be responsible for such errors or their consequences.

No Warranty of Results: NICO Auction LLC does not guarantee any particular outcome from using our Service. For buyers, we make no promise that you will win any auction or find any particular item. For sellers, we do not guarantee your items will sell or achieve any particular price.

To the maximum extent allowed by law, in no event will NICO Auction LLC, its owners, directors, employees, or agents be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or related to your use of (or inability to use) the Service, any auction, or any item purchased or sold, even if we have been advised of the possibility of such damages. This includes, without limitation, damages for loss of profits, loss of data, loss of goodwill, or procurement of substitute goods or services.

Our total liability to any user for any claim arising out of or relating to these Terms or the Service shall not exceed the amount of fees actually paid by you to NICO Auction LLC in connection with the transaction(s) at issue, or one hundred US dollars (USD $100), whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, the above limitations shall apply to the fullest extent permitted by law.

You specifically acknowledge that NICO Auction LLC is not liable for defamatory, offensive, or illegal conduct of any third party (including other users), and that any risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold harmless NICO Auction LLC and its affiliates, officers, agents, and employees, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your use or misuse of the Service; (b) your violation of any of these Terms; (c) your breach of any agreement made with another user (buyer or seller) through our platform; or (d) your violation of any law or the rights of any third party. We reserve the right to handle our legal defense in any such claim, and you agree to cooperate with us in such an event.

We may, in our sole discretion, suspend or terminate your account and/or your access to all or part of the Service at any time, with or without notice, for any reason. This includes, without limitation, if we believe you have violated these Terms, engaged in improper or fraudulent activity, or if we are unable to verify or authenticate any information you have provided. Upon termination, your right to use the Service will immediately cease. If you have any outstanding obligations (such as payment for a won item or delivery of a sold item) at the time of termination, those obligations will still be enforceable.

You may close your account at any time by contacting us (provided you have no pending bids or open transactions). Termination of your account does not relieve you of any responsibilities incurred prior to termination, including payment of any outstanding fees or fulfilling obligations to other users. The provisions of these Terms that by their nature should survive termination (such as indemnification, limitation of liability, etc.) shall survive.

These Terms of Service and any dispute arising from your use of the Service shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and NICO Auction LLC arising out of or related to these Terms or the Service will be brought exclusively in a state or federal court of competent jurisdiction located in Ohio, and you irrevocably consent to the jurisdiction of such courts and venue in Ohio.

Dispute Resolution: Before resorting to litigation, we encourage users to contact us to resolve any issues informally. In many cases, disputes or misunderstandings can be resolved through our customer service. If a dispute arises between a buyer and seller regarding an item, NICO Auction LLC may, at its discretion, try to facilitate a resolution, but we are not obligated to resolve the dispute. Ultimately, any contract for sale is between the buyer and seller, though both are bound by these Terms.

NICO Auction LLC reserves the right to update or modify these Terms of Service at any time. If we make material changes, we will notify users by posting the updated Terms on our website and updating the “Last Updated” date at the top, or by other prominent announcement. It is your responsibility to review the Terms periodically for any changes. Your continued use of the Service after any changes indicates your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Service and, if applicable, close your account.

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets.
Entire Agreement: These Terms (along with any auction-specific terms and our Privacy Policy) comprise the entire agreement between you and NICO Auction LLC regarding the use of the Service, superseding any prior agreements or understandings.

If you have any questions about these Terms of Service or need to contact us for any reason, please reach out to us at:
Email: [email protected]
Phone: +1 614 3421993