RULES OF AUCTION:

Our aim, here at MyOwnAuction is to provide an advertising platform where you can be your own auctioneer. It is fun, it is exciting, and we want to empower you to get rid of those unused items around the house, vehicles, and even property and still make money while having fun.

So, by becoming your own auctioneer, you will be able to advertise your goods in Lots (see definition of Lots) and will give registered bidders the opportunity to bid on your Lots.

We do, however, have to establish rules to make it safe and righteous for both sellers (auctioneers) and buyers (bidders).

DEFINITIONS AND INTERPRETATION:

Refer to Terms and Conditions.

AUCTIONEERS:

1. A Private Auctioneer is the individual(s) who will advertise a private auction on MyOwnAuction site or in case of an Auction House, advertise lots as part of their formal Auctions.
2. Auctioneers will pay a recurring subscription fee, as per Subscription Package Table, for a fixed subscription period to gain access to their Advertising platform. Payment will be part of the online registration process. Please follow the payment link after selecting your package. You can choose your own start and end date of your auction within this period.
3. Auctioneers will be eligible to advertise several lots up for auction within this subscription period as per Subscription Package Table with all detail pertaining the value, location, condition and quantity of items per lot.
4. See Paragraph 2 of Advertising T&Cs for more information.
5. After closing of your auction, the contact information of only the X number of highest Bidders and their Bidding Amounts will become available to the Auctioneer.
6. The obligation is hereon on the auctioneer (seller) to contact these bidders (potential purchaser) and establish a transaction, at your discretion. Payment and delivery of Lots will be the responsibility of seller/purchaser and NO fees or commission will be payable in addition to the selling price.
7. The transaction falls outside the mandate and responsibility of MyOwnAuction site and the parties (seller and buyer) indemnify MyOwnAuction of any liability.
8. Auctioneers will have the choice to reserve a minimum price to a Lot, but it will not be displayed.. The auctioneer still has the option to establish a transaction with highest bidders regardless of the reserve price.
9. In the case of VAT vendors, the amount offered by Bidders or advertised by auctioneers are an inclusive of VAT amount. VAT invoicing will be between seller and purchaser and no documentation in this regard will be presented by this site.
10. Auction Houses (see definition) will be subjected to the same rules and will be regarded as an Auctioneer as per above but must complete all fields required.
11. Auction Houses will clearly state that their Lots are part of an Auction House auction.
12. Auction House will not be permitted to add additional commission to the selling price. This implicates that Auction House Commission is not claimable from purchaser over or above the bidding price.
13. MyOwnAuction reserves the right in its sole discretion to exclude goods and/or lots from offers and to refuse acceptances, bids or offers as well as to discontinue online advertising or related services altogether at any time and/or from time to time, on the auction site.
14. Auctioneers are strictly prohibited from using MyOwnAuction for any of the following:
    • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
    • to send, use or re-use any material that is illegal, offensive, abusive, in decent, defamatory, obscene or menacing; or in breach of any law or third party rights or is otherwise injurious to third parties; objectionable or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or spam;
    • to offer, advertise, sell, bid for or buy any items which are illegal, offensive or infringe any third-party rights (including intellectual property rights) or
    • to cause annoyance or inconvenience.

BIDDERS:

1. Bidders (Buyers) will register once-off at no cost and follow the log-in procedure thereafter. Registered auctioneers are automatically registered as Bidders (Buyers). Once you complete the registration form, you will receive a notification, (sent to the email or WhatsApp number submitted) that will prompt you to set your account password.
2. Bidders will have access to auction biddings after successful registration.
3. Once you, as a bidder, are satisfied with the description, condition, age, quantity, and location of goods within a lot, you can enter an amount in South African Rands that you are willing to purchase the lot for.
4. Bids may be withdrawn before closing of the auction, but says firm after closing.
5. There is NO buyer’s commission payable by you as bidder on your offer.
6. General rule of “No VAT” or VAT included where applicable on all bid amounts.
7. Bidders agree that your contact information and bid amount can be made visible to auctioneers.
8. Bidders agree that registered auctioneer can make contact to establish a transaction between Auctioneer (Seller) and Bidder (Buyer), and this action falls outside the mandate and responsibility of MyOwnAuction.
9. By placing a bid, the bidder warrants that they have the ability and the intention to proceed with the purchase of the goods and/or lots.
10. In conjunction with the other obligations set out in these terms and conditions, each bidder acknowledges and agrees that by placing a bid in an auction or making an offer, it represents, warrants and undertakes that it has the authority and capacity to enter such a bid or make such an offer and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the goods and/or lots in question for the full amount from the auctioneer.

GENERAL CONDITIONS:

1. The Rules of Auction in their entirety shall form the basis of the bidding and bargaining carried out between the auctioneer - private or on behalf of an auction house and the bidders and shall also govern the rules of each sale so concluded.
2. MyOwnAuction site records proceedings of each auction and shall constitute prima facie (rebuttable/challengeable) proof of the auction proceedings. Said recordings shall not be made available to the public or the purchaser unless required to do so by an order of court or by law.
3. Note that the record keeping by this site is limited to a fixed period.
4. The Rules of Auction are fixed for each auction and both Auctioneer and Bidder agree to abide by these Rules of Auction in totality.
5. The act of registering on this site and participation by any auctioneer or bidder in the auction shall be taken by us as confirmation and acceptance that the bidder has read, understood, and accepts that it is bound by the Rules of Auction.
6. The auction and any related matters including the Rules of Auction are governed by and constructed in accordance with the laws of the Republic of South Africa and the bidder, consent to the jurisdiction of the South African courts.
7. The auction will commence and close at the indicated times as per the relevant Lot specific advertisement
8. If a person intends to bid/auction on behalf of another then the bidder and the person bidding on his or her behalf must meet the requirements of sub-regulation 26(2) and sub-regulation 26 (3) of the CPA.
9. By registering for an auction, the auctioneer/bidder accepts and agrees that it understands and is acquainted with auction proceedings and the bidding process. 
10. In terms of section 55(1) of the CPA, goods are sold “voetstoots”, as is, with no guarantees or warranties even if express or implied by the auctioneer.  A bid shall be taken as proof that the bidder has inspected the goods and/or lots as advertised has satisfied itself with the condition of the goods for which he or she bids. 
11. Both the auctioneer and the bidder unconditionally accept that this advertising platform has no involvement in the offering, description or sale of the goods and/or lots that our role is merely to advertise the auction and therefore we cannot accept any return of goods and/or lots for any reason whatsoever.
12. Notwithstanding what is contained in these Rules of Auction, all parties on this site accept, acknowledge and agree that that MyOwnAuction will not be held liable to the bidder nor the auctioneer for any losses, damages, expenses or harm of whatsoever nature however same may arise.

GENERAL ADMISSION TO AUCTION:

1. The right of admission is reserved and MyOwnAuction reserves the right to refuse to register any natural or juristic person at their sole discretion.
2. All persons including auctioneers and bidders, their heirs, executors, administrators or assigns shall not hold MyOwnAuction, their agents and/or employees liable for any damages or any losses of any nature whatsoever arising from any person’s attendance and/or participation in the auction and releases MyOwnAuction, their agents and/or employees and hold them harmless from any duty of care towards them and all claims which may otherwise have accrued to them whether or not any such claim may arise through the negligence of any person or from any of the risks, dangers or hazards occurring in the course of their association with this site, auctioneers and the sellers.
3. MyOwnAuction has the right to terminate any registration if the bidder or auctioneer fails to timeously comply with any obligation imposed either by legislation or by MyOwnAuction has reason to believe that the bidder or auctioneer has engaged in any unlawful or untruthful activity while making use of the services or has attempted to collude or deceive MyOwnAuction or other bidders at any time and/or the purchaser, bidder or purchaser does not comply with these Rules of Auction.
4. All data produced or transmitted in connection with the execution of an online auction on this marketing site or in connection with the use of the online bidding system at or in relation to MyOwnAuction may be stored, used and transmitted as described in auction house’s privacy policy.