Emax.bid (www.emax.bid) is an online Platform created to serve the needs of collectors of coins & medals and other valuables.
Emax.bid is owned by da Vinci Srls, Via San Vincenzo 2, 16121 Genova, Italy, website: www.davinci.team, email address: firstname.lastname@example.org, as described on the Imprint on the page footer of the website www.emax.bid.
The Terms and Conditions (“Emax Terms”) for www.emax.bid and all related sites, applications, services or tools (the “Emax.bid Platform”) are below and define our terms as an online service provider and Your responsibilities (including on behalf of Your Business, as defined below, if relevant) as an User of our Emax.bid Platform.
Please read these Emax Terms carefully before You start to use the Emax.bid Platform, in order to receive the online auction content and all related service.
accessing the Emax.bid Platform and/or any content made available through it; and/or
receiving the online auction content and/or related services; and/or
registering with Emax.bid and/or all related sites, applications, services or tools
you indicate that you accept these Emax Terms and that you agree to abide by them. If you do not agree, please refrain from using the Emax.bid Platform.
Please note that auctioneers, dealers or other third parties, may have their own terms and conditions (“Seller Terms”) which you also may be obliged to comply with depending on the Online Service your use on the Emax.bid Platform. We are not a party to their terms or have any liability under them.
da Vinci Srls (“Emax” or the “Operator”)
You, the user of the Emax.bid Platform (the “User” or “You”).
"Content" means all data, information, advice and other materials contained or referred to in or accessed from the Emax.bid Platform.
"Online Services" means the provision of Content (which includes without limitation, news, data, catalogues, and other services), online auction services and online sale services, provided on the Emax.bid Platform, that facilitate online bidding at auctions and purchase of Items on online shops.
"Seller" means any auctioneer or dealer or seller placing Items on sale or on auction on Emax.bid Platform, including without limitation any third parties placing Items on sale or on auction on Emax.bid Platform.
"Seller Site" means the website of the Seller.
"Content Provider" means any Seller or third party publishing content on Emax.bid Platform.
"Intellectual Property Rights" means patents, trademarks, design rights, database rights, copyright, and all other intellectual property rights anywhere in the world, whether registered or not.
"Website" means the Emax.bid Platform.
“Item” means items offered for sale or auctioned.
Summary of Emax Terms
What We Do for You
We provide Online Services that facilitate accessing Content, online bidding at auctions and purchase of Items on online shops.
The Emax.bid Platform is only a means of communication to view online Content and to participate in auction sales or to buy from online shops. We are not a Seller, neither an online auctioneer, nor an online seller. Therefore, Emax is not a party to the contract for sale and purchase entered into between You and the Seller. Emax is not a party to any transaction between the User and the Seller for the sale of Items, nor is Emax acting as agent for or otherwise on behalf of any Seller.
We do not charge You for the use of the Emax.bid Platform. Emax is paid by the Sellers to provide the Online Services to potential bidders/buyers, and this may include commission.
Emax is not in control of the information made available by Sellers which you access via the Online Services. We cannot therefore make any representations, warranties or guarantees in connection with what the Seller may offer for sale through the Online Services or otherwise.
What You Agree To Do
In particular You agree that Emax can change modify or remove any of the Online Services without notice and without reason at any time. You also agree that our liability is limited in accordance with paragraph 8 below.
You also agree to indemnify Emax against any claim action, or right against Emax that arises through Your act, omission or breach of the Emax Terms and also in respect of any taxes, duties and levies that may apply where the Seller agrees with You to deliver any Item for You.
If You are registering to use the Online Services on behalf of a company, partnership, sole trader, limited liability partnership or any other person (Your "Business"), You warrant represent and undertake that You have authority to (i) act on behalf of Your Business; (ii) bind Your Business to these Terms; and (iii) bind Your Business to any contract or arrangement entered into as a result of receiving the Online Services (including any agreement entered into with a Seller). You acknowledge that where You do not have the authority to act on behalf of Your Business and bind Your Business in accordance with (i) to (iii), above, You will remain personally liable to Emax in respect of these Emax Terms and personally liable in respect of any agreement entered into with a Seller as a result of receiving the Online Services.
Where You require the Items to be exported, You are responsible for any export license, permissions and customs declarations.
Emax is not a party to any transaction between You and the Seller for the sale of Items nor is Emax acting as agent for or otherwise on behalf of any Seller. Accordingly, you accept that you will have no claim or cause of action against Emax in respect of the sale (or non-sale) of any Item.
1. Our agreement
1.1 These Emax Terms constitute a legally binding agreement between you as the User and Emax establishing the terms and conditions under which you may have access to, and use of, the Emax.bid Platform and the Content.
1.2 The Content of the Emax.bid Platform may be restricted by law in certain Countries. It is the responsibility of the User to determine what those restrictions are and to observe them.
1.3 These Emax Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended Emax Terms on www.emax.bid. The amended Emax Terms shall become effective immediately.
1.4 These Emax Terms replace all previous Terms and Conditions for the use of the Emax.bid Platform.
2. Basis of use
2.1 The User agrees not to:
2.1.1 use the Online Services in any way to either directly or indirectly prejudice Emax's interests or those of its Sellers, licensors or affiliates and/or the provision and exploitation of the Online Services in any way.
2.1.2 copy, extract, utilize, download, distribute, re-sell, reproduce, modify, use, communicate to the public (including by any means of electronic dissemination or extraction), or make derivative product from any Content and material available on or through the Emax.bid Platform.
2.1.3 create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Emax.bid Platform (by spidering or otherwise) or enable or permit others to do so.
2.2 The User shall provide at its own cost suitable access to the internet or equivalent through which the Online Services are intended to be delivered and the User shall assume sole responsibility for the configuration and maintenance of that access and the licensing and/or provision of any software required.
2.3 All products and services contained on or referred to on the Emax.bid Platform (including Content) are subject to availability and Emax has the right to withdraw any product or service at any time without notice.
2.4 Emax may update the Website regularly and may change the Content at any time without notice. If the need arises, Emax may suspend access to the Emax.bid Platform or close it indefinitely. Any Content on the Emax.bid Platform may be out of date at any given time and Emax is under no obligation to update the Content. In addition, Emax may from time to time restrict access to parts of the Emax.bid Platform or the entire Emax.bid Platform to Users who have registered with Emax.
2.5 Emax reserves the right to make improvements, substitutions, modifications or enhancements to any part of the Online Services at any time.
2.6 Emax provides a resource where Content, catalogues and other sale details from Content Providers and Sellers can conveniently be viewed. The Content, commentary and other materials displayed on the Emax.bid Platform are not intended to amount to advice on which reliance should be placed. Emax disclaims all responsibility and liability arising from any reliance placed on such materials by any User of the Emax.bid Platform, or by anyone who may be informed of the Content. Notwithstanding the above, the Content and all other material displayed on the Emax.bid Platform is subject to the exclusions of liability set out in these Emax Terms and the User should not rely on the Content or other material displayed on the Emax.bid Platform as being accurate or up to date but should independently verify all information.
2.7 For the avoidance of doubt, Emax is not responsible for any errors in information about Items on the Emax.bid Platform. Emax does not evaluate Items and does not act as a specialist or expert on any related subject matter. Emax makes no warranties or representation of any kind or nature with respect to Items (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin, safety, fitness for purpose or availability for sale). If the User has any questions, then they should contact the Seller directly. In particular, it is the User's responsibility to understand the Seller's payment and shipping terms.
2.8 Users must register and agree to the Emax Terms before they can participate in any sale or auction using Online Services.
2.9 Items are sold subject to the Seller Terms. It is the User’s responsibility to obtain and to read the Seller Terms carefully before making a bid or offer to purchase any Item.
2.10 Emax act only as host and the Emax.bi Platform and/or the Online Services act only as a means of communication intended to provide online access to the Seller's auction or shop. When a User bids for an Item or requests to buy it, the User does so in accordance with the terms and conditions provided by the Seller for that sale and not Emax. The User is responsible for independently ensuring that they are aware of Seller Terms and undertake to bid in accordance with those terms and conditions.
2.11 Emax is not a party to any transaction between the User and the Seller for the sale of Items nor is Emax acting as agent for or otherwise on behalf of any Seller. Accordingly, the User accepts that he/she will have no claim or cause of action against Emax in respect of the sale (or non-sale) of any Item.
2.12 Whilst Emax may endeavor to facilitate electronic or other communications between Users and Sellers, it accepts no responsibility in respect of the availability or performance of any such services.
3. Online Services
3.1 Subject to the User’s compliance with its obligations under these Emax Terms, Emax will use reasonable endeavours using reasonable skill and care to provide some or all of the following services from time to time to the User:
3.1.1 Collecting bids on Auctions published on Emax.bid Platform
Emax allows the User to participate in the auctions published on Emax.bid Platform by placing bids in advance of the auction, in terms of Maximum Bid, in accordance with the Seller Terms.
The “Maximum Bid” or “Absentee Bid” is the highest amount the User is willing to bid on a specific Item.
In relation to Absentee Bids (and without prejudice to any other right or remedy that Emax may have under these Emax Terms):
The Absentee Bids are at the risk of the User. Emax accepts no responsibility for and shall not be liable for the communication and placement of Absentee Bids, including (but not limited to) any direct or indirect loss that may occur as a result of a failure to communicate the Absentee Bid to the Seller due to any disruption or disturbance to the wider internet; or for any other reason.
Emax will at no time be agent for the User and/or the Seller; and
Communication of the Absentee Bid through the Emax.bid Platform does not constitute or guarantee the Seller's acceptance of the Absentee Bid.
Bids are placed over a defined time period (“Bidding Period”).
3.1.2 Collecting Purchases Requests on Items on Sale on Shops published on Emax.bid Platform
The Buyer can request to buy an Item on sale on shops published on the Emax.bid Platform for the price requested by the Seller. Purchase Requests are communicated by Emax to the Seller and the Item is sold by the Seller to the User in accordance with the Seller Terms.
In relation to the Purchase Requests to the Seller (and without prejudice to any other right or remedy that Emax may have under these Emax Terms):
The Purchase Requests are at the risk of the User. Emax accepts no responsibility for and shall not be liable for the communication and placement of Purchase Requests, including (but not limited to) any direct or indirect loss that may occur as a result of a failure to communicate the Purchase Request to the Seller due to any disruption or disturbance to the wider internet; or for any other reason.
Emax will at no time be agent for the User and/or the Seller; and
Communication of the Purchase Request through the Emax.bid Platform does not constitute or guarantee the Seller's acceptance of the Absentee Bid.
3.2 Emax reserves the right to change, modify or remove all and/or any of the Online Services at any time (with or without notice to the User) and without reason.
3.3 Emax and/or any Seller may terminate, restrict and/or refuse the User's access to the Online Services and/or remove or alter any content at any time and for any reason.
4. Responsibilities of User
4.1 User access
4.1.1 Those who have been barred, refused or suspended by Emax or any Seller are not permitted to access and/or receive the Online Services.
4.1.2 Those who access the Emax.bid Platform and/or the Online Services on behalf of their Business, warrant that they have authority to bind that business.
4.2 Registration and User credentials
4.2.1 If the User wishes to use the Online Services, the User must register with Emax.bid Platform and be approved by the Seller.
4.2.2 For the avoidance of doubt, the User's registration with Emax.bid Platform does not constitute Emax's approval of the User and Emax may at any time terminate, restrict and/or refuse the User's access to the Emax.bid Platform and/or the Online Services without notice.
4.2.3 The User will supply all information requested by Emax and/or the Seller in order to register and represents, warrants and undertakes to Emax and to the relevant Seller that all such information is complete, truthful and accurate. It is the responsibility of the User to update and maintain changes to such information. Emax and the relevant Seller are entitled to rely on any information provided by the User.
4.2.4 Emax and/or the Seller reserve the right to refuse registration and/or approval to any person for any reason. Such refusal shall be in the absolute discretion of Emax and/or the Seller.
4.2.5 On registration a User will be allocated a unique user ID which must be used in conjunction with the User password, these are known as "User Credentials".
4.2.6 The User's access to the Emax.bid Platform and/or the Online Services must only be achieved using these User Credentials.
4.2.7 The User must ensure that User Credentials are not disclosed to any other person and in any event they must only be disclosed to persons under the authority and control of the User for the purpose of ensuring the User has access to the Emax.bid Platform and use of the Online Services. If the User believes that there has been any breach of security such as the disclosure, theft or unauthorised use of the User Credentials, the User must immediately notify Emax by email at email@example.com.
4.2.8 The User shall be liable for any use of the Emax.bid Platform and/or Online Services made using the User Credentials and for any misuse of the User Credentials.
4.3 Protecting Emax and the Online Services.
The User warrants and undertakes that:
4.3.1 its access to and use of the Emax.bid Platform and/or the Online Services will not cause Emax any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to Emax, or cause the Emax.bid Platform and/or the Online Services to become less efficient, less effective, or less functional;
4.3.2 the User will not impose unreasonable stress, burden, or demand on the Emax.bid Platform and/or the Online Services;
4.3.3 the User will comply with Emax's instructions regarding the use of the Emax.bid Platform and/or the Online Services from time to time and also will not bypass measures to prevent or limit access to the Emax.bid Platform and/or the Online Services;
4.3.4 the User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to Emax;
4.3.5 The User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.
4.4 No shill bidding
4.4.1 Shill bidding (where the seller of an item at auction, or someone known to the seller, places a bid in order to inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Online Services and the User warrants and undertakes that the User will not place or permit to be placed any bids on any lots in any auction by way of shill bidding.
4.4.2 Any attempt at shill bidding may extend the relevant auction time and without prejudice to any other right or remedy of Emax and/or the Seller may result in the User's access to the Emax.bid Platform and Online Services and/or the Seller Site being suspended or revoked.
5.1 Emax does not charge the User for accessing the Emax.bid Platform and/or the Online Services.
5.2 The Seller may charge the User in respect of auction bids or otherwise through commission payments or other charges. The User acknowledges that any charges or commission arrangements that the Seller may request for the Online Services are a matter between the User and the Seller and are not the responsibility of Emax. It is the responsibility of the User to check if he/she is happy with any charges or commission arrangements before bidding/buying or otherwise incurring any liability to the Seller.
5.3 The User acknowledges that any charges, Deposit(s) or commission arrangements that the Seller may make or require for the Online Services or in respect of an auction are a matter between the User and the Seller and are not the responsibility of Emax. It is the responsibility of the User to check if he/she is happy with any charges, Deposit(s) or commission arrangements before bidding or otherwise incurring any liability to the Seller.
5.4 In any event, Emax will not be directly involved in or responsible for any Payment, refunds and/or Deposit(s) due to or from the User.
6. Seller Terms
6.1 Each Seller will have their own terms and conditions (Seller Terms): these terms and conditions may differ from those of another Seller. The User accepts that in bidding at an auction or submitting a purchase request, he/she accepts the specific terms and conditions of that Seller and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each User to ascertain the nature of these terms and to abide by them.
6.2 Whilst it is the responsibility of the User to read the Seller Terms and to comply with them, the User is reminded that the following provisions typically apply (subject to any contrary provisions in the Seller Terms):
6.2.1 the User must not bid in an auction where they are the Seller nor must they procure or encourage any person to do so on their behalf;
6.2.2 the User must not contact other bidders prior to the full conclusion of the sale of the lot;
7. No representation and warranties
7.1 Emax makes no representations or warranties whatsoever in connection with what the Seller may offer for sale through the Online Services or otherwise.
7.2 The User accepts that the Seller is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of an Item, including but not limited to:
7.2.1 Representation as to quality of items;
7.2.2 Representation as to the description of items;
7.2.3 Representation as to fitness for purpose of items;
7.2.4 Representation as to truth or accuracy of statements made;
7.2.5 Representation as to authenticity or provenance in respect of items;
7.2.6 Representation as to legality of items;
7.2.7 Representation as to title of items;
7.2.8 Representation as to the liability of any party to the contract to complete the transaction.
7.3 Emax has no knowledge as to, or responsibility for, the safety of Items. The User must not pre-suppose that all Items are risk free and not dangerous to the User. Emax do not accept any responsibility to protect User from injury or even death resulting from use of these Items.
7.4 Emax have no knowledge as to, or responsibility for, the legality of Items. The User must not pre-suppose that all Items are lawfully sold in the relevant jurisdiction. Emax do not accept any responsibility to protect User from any illegality arising from their purchase or use of Items.
7.5 Emax is not in control of the information made available by Sellers accessed via the Online Services. The Users accepts that Emax is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.
7.6 Emax does not warrant that the Emax.bid Platform and/or Online Services are free from infection by viruses or any other technologically harmful material that may infect the User's computer equipment, computer programs, data or other proprietary material ("User's Computer System") arising out of the User's use of the Emax.bid Platform or the Seller site. The User accepts that Emax does not accept responsibility to protect the User's Computer System from such viruses or other contamination or destruction. Emax will not be liable for any loss or damage to the User's Computer System caused by a distributed denial-of-service attack or by any other cyber attack.
8.1 Provision of the Services not guaranteed.
8.1.1 The User accepts that access to Emax's Services (whether Emax.bid Platform and/or the Online Services or access to a particular Item) may be withdrawn at any time. The Emax.bid Platform and/or the Online Services may be interrupted and provision of the Emax.bid Platform and/or the Online Services is not guaranteed. Users must not rely on and are not entitled to rely on Emax's Services (whether Emax.bid Platform and/or the Online Services or access to a particular Item) to make bids. Such Online Services and Emax.bid Platform may not be continuous and may be interrupted by factors within or outside Emax's control.
8.1.2 The Emax.bid Platform and/or the Online Services are provided free of charge by Emax 'as is' and 'when is' available only. Emax shall have no liability where a bid or a purchase request fails to be received by the Seller or is delayed, or where the bid or the purchase request is made in error for whatever reason. Emax is under no obligation to correct erroneous bids or purchase requests or to resubmit bids or purchase requests which were lost in transmission or otherwise not received by the Seller.
8.2 Limitation of liability generally and for the Online Services
8.2.1 The User releases Emax from all liability to the fullest extent permitted by law.
8.2.2 Emax shall not be liable for the following (but not limited to); negligence, consequential damage, special, indirect and direct losses, loss of reputation, good will, contract, profits, revenues and (to the fullest extent permitted by law) all other losses arising out of or in connection with this agreement with the User.
8.2.3 Under no circumstances are Emax liable for the Seller Site or the acts or omissions of the Seller or any seller with whom the User contracts or with whom Emax link or facilitate communication with the User.
8.2.4 The User agrees to pursue any dispute, claim, action or right against any Seller or any seller independently and without recourse to Emax. The User agrees to release Emax from all and any liability for any dispute, claim, action or right in any way associated with the User's use of the Emax.bid Platform and/or the Online Services.
8.2.5 The User will be responsible for any losses or damages suffered or incurred by Emax in respect of any inaccuracy of the User's data due to incorrect input of data by the User and the User shall indemnify Emax against all liabilities, costs, expenses, damages and losses (including direct, indirect and consequential losses, loss of profit, loss of reputation and all interest, penalties and other reasonable professional costs) suffered or incurred by Emax arising out of such inaccuracy of data.
8.2.6 The User agrees to indemnify Emax to the fullest extent available in law where any claim, action or right against Emax arises through the User's act or omission or breach of any of these Emax Terms. The User accepts and agrees that Emax may in such circumstances take action against the User or seek to join the User to such a claim.
8.2.7 The exclusions and limitations of liability in these Emax Terms shall also be for the benefit of Emax's employees, agents, affiliates and subcontractors.
8.2.8 Nothing in these Emax Terms shall operate to exclude or limit a party's liability for death or personal injury caused by its negligence or for its fraud.
9.1 The User will keep confidential any information received from Emax in connection with the Online Services and will not use the information other than as necessary to access and use the Online Services as expressly contemplated by these Emax Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the User; or (b) is required by law to be disclosed.
10. Entire agreement
10.1 These Emax Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.
10.2 Each of the parties acknowledges and agrees that in entering into an agreement based on these Emax Terms it does not rely on any statement not contained within these Emax Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.
11.1 Emax may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.
12.1 The place of fulfillment is Genova, Italy. These Emax Terms (and accordingly all visits to the Emax.bid Platform) shall be governed by the law of the Republic of Italy. Italian law shall apply at the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The exclusive venue for all disputes arising from this contract shall be the place of business of da Vinci Srls, including if the User has no general legal venue in the Republic of Italy or his domicile or normal place of abode is not known at the time a lawsuit is filed. This is without prejudice to Emax's right and that of its affiliates to commence proceedings anywhere in the world relating to the protection of its Intellectual Property Rights or those of its Licensors.
13. These Emax Terms are subject to change. Emax reserves the right to amend them at any time. The consent of no other person is required. Notification of any amendment shall be effected by posting the amended terms and conditions on Emax Website (www.emax.bid) in the Terms and Conditions page. The amended terms and conditions shall become effective immediately.
These Emax Terms were last updated on 24th April 2018 and replace all previous Emax Terms.