Legal
Terms of Service
Effective [EFFECTIVE_DATE] · Last updated [EFFECTIVE_DATE]
Note for review: These terms are a drafting starting point. A Canadian lawyer familiar with consumer-protection law in Newfoundland and Labrador must review and revise before publication. All [BRACKETED] values need real substitutions.
1. Who we are
These Terms of Service (the "Terms") govern your use of the EastBid auction platform (the "Platform"), operated by EastBid Inc. ("we," "us," "our"), a corporation with its registered office at #303, 495 Water St, St. John's, NL A1E 6B5, Canada.
You can reach us at admin@eastbid.ca or 1.709.700.0951.
2. Acceptance of these terms
By creating an account, placing a bid, listing an item, or otherwise using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any other agreements we reference. If you do not agree, do not use the Platform.
We may update these Terms at any time. Material changes will be communicated by email and by a notice on the Platform at least 14 days before the effective date. Continued use after the effective date constitutes acceptance.
3. Eligibility
- You must be at least 18 years old (the age of majority in Newfoundland and Labrador).
- You must have the legal capacity to enter into a binding contract.
- You must be a resident of Canada. The Platform is intended for use within Newfoundland and Labrador and nearby regions; we do not ship internationally.
- You must not have been previously suspended or banned from the Platform.
4. Account registration and security
You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.
We sign you in using Google OAuth. We do not store your Google password.
5. How auctions work
5.1 Bid submission
Each bid you submit is a binding offer to purchase the listed item at the bid amount, subject to being the highest bid at auction close. You cannot retract a bid once submitted except in the limited circumstances described in 5.5.
5.2 Proxy bidding
When you enter a maximum bid, the Platform will automatically bid on your behalf in small increments up to your maximum, only as needed to keep you as the highest bidder. Your maximum is hidden from other bidders.
5.3 Soft close (anti-snipe)
If a bid is placed in the final 2 minutes of an auction, the auction's end time is automatically extended by 2 minutes. This may repeat. An auction ends only after 2 minutes pass with no new bids.
5.4 Winning a bid
The highest bid at the moment an auction closes is the winning bid. Your card on file will be automatically charged for the full hammer price plus any applicable taxes and fees at the moment the auction closes. See Section 7 for payment details.
5.5 Limited retraction rights
Bids are binding. You may request bid retraction only if (a) you entered an obvious typographical error and contact us within 15 minutes of placing the bid and before the auction ends, or (b) the seller materially misrepresented the item as described in Section 8. Retraction decisions are at our sole discretion.
6. Payment method requirement
To place your first bid, you must register a valid credit or debit card. We store this via our payment processor, Stripe, as a saved payment method associated with your account. We do not store your full card number on our servers.
By registering a payment method, you authorize us to charge it automatically if you win an auction. You authorize this charge without requiring a separate confirmation at the time the auction closes.
7. Payment, final sale, and no refunds
7.1 Automatic charging on win
When you win an auction, we automatically charge your registered payment method for the hammer price plus applicable taxes and fees at the moment the auction closes. You authorized this in Section 6.
7.2 Taxes and fees
Prices displayed are before tax. You will be charged applicable Harmonized Sales Tax (HST) and any other applicable taxes, calculated at the rates in effect at the time of auction close.
7.3 Failed payment
If your payment method is declined, we will retry up to 3 times over 24 hours. If all attempts fail, the win is forfeited, the item may be offered to the next-highest bidder at their last bid amount, and your account may receive a strike (see Section 11).
7.4 No refunds, no returns, no exchanges
All sales are final. We do not offer refunds, returns, or exchanges for any reason except where required by applicable consumer-protection law, including without limitation:
- Change of mind or buyer's remorse
- Item being larger, heavier, or more cumbersome than expected
- Normal wear, patina, or age-related condition (these are inherent to estate sales and secondhand goods)
- Pickup logistics difficulties
- The item not meeting undisclosed personal expectations
You acknowledge that Platform listings are for used, vintage, and estate goods, often decades old, and may have imperfections not visible in photographs.
7.5 Exceptions to final sale
We will review refund requests only where (a) the item is materially different from the listing description in a way that could not reasonably have been discerned from the photographs and description, (b) you notify us in writing within 48 hours of pickup, and (c) you have photographs documenting the discrepancy. Refunds in these cases are at our sole discretion and, if granted, require return of the item in the same condition at your expense.
7.6 Chargebacks
If you initiate a chargeback with your card issuer without first contacting us under 7.5, you agree that this is a material breach of these Terms. We may suspend your account, pursue the disputed amount, and recover reasonable costs of defending the chargeback.
8. Item descriptions, as-is, where-is
Items are sold "as-is, where-is." Listings reflect our or the seller's reasonable best effort, but we do not warrant:
- Authenticity of marks, signatures, attributions, or provenance
- Functional condition of electrical, mechanical, or plumbing components
- Exact dimensions, weights, or materials
- Age, origin, or historical claims
Buyers are strongly encouraged to examine high-value items in person before bidding where arrangements permit, and to bid cautiously on items of uncertain authenticity.
9. Pickup
9.1 Pickup window
Items must be picked up during the designated pickup window, typically a 15-minute slot within a 4-hour window on the weekend following auction close. You select your slot after winning, through the Platform.
9.2 Failure to pick up
If you fail to arrive within your scheduled slot, the item is forfeited. No refund will be issued. The item may be disposed of, donated, or re-listed at our discretion. Your account may receive a strike under Section 11.
9.3 Buyer responsibility at pickup
You are solely responsible for:
- Bringing adequate help, tools, straps, blankets, and a suitable vehicle
- Assessing whether an item will fit through doorways and stairwells
- Moving and loading the item safely
- Any damage to the item during loading or transport after you take possession
9.4 Liability waiver
By attending a pickup, you acknowledge that you are entering private property at your own risk. You release EastBid Inc., the property owner, the seller, and their agents from any and all liability for personal injury, property damage, or loss arising from your presence on the property or your handling of the item, except where caused by gross negligence or willful misconduct.
We strongly recommend you do not attempt pickup of heavy items without appropriate help and equipment.
Note for review: Liability waivers in consumer contexts are subject to strict scrutiny. Under Tercon Contractors v. BC (2010 SCC 4), courts may refuse to enforce waivers that offend public policy. Review this clause and consider whether a limitation-of-amount approach is safer than a full release.
10. Prohibited items
The following cannot be listed or sold on the Platform. See our full prohibited items list for detail.
- Firearms, ammunition, or gun parts
- Controlled substances, prescription medications
- Alcoholic beverages
- Tobacco and vaping products
- Asbestos-containing materials
- Ivory, endangered species, CITES-protected items
- Human remains or biological specimens
- Counterfeit goods
- Stolen property
- Hazardous materials, explosives, large quantities of flammable liquids
- Any item whose sale is illegal in Newfoundland and Labrador or Canada
We reserve the right to remove any listing at our discretion, and to report unlawful listings to appropriate authorities.
11. Account conduct and strikes
We maintain a strike system to protect sellers and buyers. You may receive a strike for:
- Failing to pay a winning bid (payment decline without resolution)
- Failing to pick up a paid item during your slot
- Initiating a chargeback without first contacting us
- Harassment, abusive language, or threats toward staff, sellers, or other users
- Circumventing our fees (e.g. contacting sellers to buy outside the Platform)
3 strikes result in account suspension. Additional strikes or serious violations may result in permanent ban and forfeiture of any pending transactions.
12. Seller obligations
If you list items on the Platform as a seller, you additionally agree to the Seller Agreement, which covers commission, payout, and disposal authorization.
13. Platform fees
For buyers: bid amounts are the final price. We do not charge a buyer's premium at this time. Applicable taxes are added at checkout.
For sellers: our commission on sold items is 25–30% of the hammer price, as specified in your seller agreement. Additional fees may apply for cataloging call-outs, disposal services, or large-property surcharges.
14. Intellectual property
All Platform content, including the website, logos, design, code, listing templates, and aggregated data, is owned by EastBid Inc. or licensed to us. You may not copy, scrape, republish, or create derivative works from the Platform without written permission.
Listing photos and descriptions of items you list are owned by you. By listing, you grant us a non-exclusive, royalty-free, worldwide license to use that content for the purposes of operating the Platform, including marketing.
15. Limitation of liability
To the maximum extent permitted by law, EastBid Inc.'s total aggregate liability to you for any claim arising out of or related to these Terms or the Platform is limited to the greater of (a) the fees we received from you in the 12 months before the claim, or (b) $100 CAD.
We are not liable for indirect, consequential, incidental, special, exemplary, or punitive damages, including lost profits, lost goodwill, or loss of data, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable consumer protection law in Newfoundland and Labrador, including the Consumer Protection and Business Practices Act.
16. Indemnification
You agree to defend, indemnify, and hold harmless EastBid Inc., its owners, employees, agents, and contractors from any claim, demand, loss, or expense (including reasonable legal fees) arising from your use of the Platform, your breach of these Terms, your violation of any law, or your infringement of any third party's rights.
17. Termination
You may close your account at any time by contacting us. We may suspend or terminate your account immediately if you breach these Terms, if required by law, or at our reasonable discretion.
Upon termination: any pending auctions you are winning may be awarded to the next bidder, any pending payouts you are owed (if applicable) will be issued minus amounts owed to us, and sections of these Terms that by their nature should survive (Sections 7, 8, 9, 14, 15, 16) will survive.
18. Governing law and dispute resolution
These Terms are governed by the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
Any dispute arising out of these Terms that cannot be resolved informally will be resolved in the courts of Newfoundland and Labrador, and you consent to the jurisdiction of those courts.
Note for review: Consider whether a mandatory arbitration clause is appropriate. Canadian courts have struck down one-sided arbitration clauses in consumer contracts (Douez v. Facebook, 2017 SCC 33). A standard court-jurisdiction clause is safer unless there's a specific business reason for arbitration.
19. Miscellaneous
- Entire agreement: These Terms, together with the Privacy Policy and any seller agreement, are the entire agreement between you and us.
- Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
- No waiver: Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment: You may not assign these Terms. We may assign them to a successor in interest.
- Notices: We may send notices to you by email to the address on your account or by posting on the Platform.
20. Contact
Questions about these Terms? Email us at admin@eastbid.ca or write to us at [REGISTERED_ADDRESS].
For buyers, the sections that matter most:
- Section 5, How auctions work (bids are binding)
- Section 7, Payment, final sale, no refunds
- Section 9, Pickup and liability waiver
If you're not comfortable with these, do not bid.