TERMS AND CONDITIONS

The terms and conditions of sale for Response Auctions LLC located at 1305 Grosvenor Business Tower in Barsha Height Tecom with the License number 900015  issued by Dubai Economic Department (referred to as Response’s, “we”, “us”, “our “and “ourselves” in these terms and condition) and the seller as company or individual offer the items or lots for sale.

A. Definitions

  1. "Auction" means presenting a lot for sale on the Response Auction LLC's website and system.
  2. "Auctioned lots" means a lot that is­ sold by falling the hammer due to a willing and able bidder offering to purchase it by bidding and the auctioneer accepting the given bid.
  3. "Reserve Price" means the amount of money agreed upon by the seller to sell the item.
  4. "Deposit" means the amount of money deposited by the buyer.
  5. "Bid" means an offer to purchase by indicating a specific amount.
  6. "Buyer Bidder" means an interested buyer; the person willing and able to make an offer to buy.
  7. "Seller, Vendor, or Lot Owner" means the person willing to sell his or her item or lot, whether an individual or a corporation.
  8. "Business Day" means Monday to Saturday, excluding public holidays or any day declared a holiday in the United Arab Emirates.
  9. "Holiday" means Sunday or any day declared by the government in the United Arab Emirates as a public holiday.
  10. "Services" means the related product, business practice, and efforts made by the Response Auctions in return for money.
  11. "Users" means any individual who visits or uses Response Auctions website or services personally or on behalf of a corporation.
  12. "Agents" means any firm or individual that is representing a buyer (bidder) or a seller (lot owner, vendor).
  13. "Bank account" means an account in favor of Response Auction LLC, which receives funds.
  14. "Service fee" means the amount paid to the Response Auction LLC for service provided for the Seller (lot owner, vendor) or a buyer (bidder).
  15. "Brokerage fee" means the fees payable to any brokerage firm representing the buyer (the bidder or buyer's agent).
  16. "Money" means USD $ Dollars or AED United Arab Emirates Dirham.
  17. "KYC" means Know Your Customer. (Process in which the identities of the buyer and vendor are Verified.
  18. “Commitment liability of the bidder (CLB)” The bidder commits to purchasing the lot if they emerge as the successful bides, should then fail to do so, they become accountable for the minimum 10% of the hammer price or more as well as the auctioneer fee and charges, which may include legal fees to pursue the bidder.
  19. “Commitment or liability of the seller (CLS) If the reserve price is met, the seller is obligated to transfer ownership of the lot to the winning bidder. If they refuse to complete the transaction in accordance with the terms of the contract, they are accountable for paying a minimum of 10% of the hammer price or more, as well as the auctioneer's fees and legal charges. 
  20. "Terms & Conditions" means the section displayed on the Response Auctions website that includes the different policies of the products and services offered.
  21. "Privacy Policy" means the Privacy Policy section displayed on the Response Auction LLC website. 

Your User and Access to Our Platform

1.      Search and view the lots listed on this website.

2.     Register to buy or bid at the auction for any lot listed online.

3.     Livestream an auction of any listed Items.

4.     Access an online bidding platform for any listed lot and bid on any listed lot at an auction.

5.     Electronically execute a legal instrument, including, as applicable, a Contract of Sale to purchase the lot ("the Response Auction Platform Services").

a.     While you may search for and view a lot listed on this website, you must register to use and access all other facilities and services available on this website, including the Auction Platform Services.

b.     To successfully register and create an account on this website, including any sub-platforms of this website, you must: Provide true, accurate, complete, and up-to-date information and data as required from time to time by the Response Auction and/or any authorized third-party agent (you may need to provide credit card details; please check our privacy policy).

Contact Information’s

  1. Customers and users of Response Auction LLC were requested to register and provide an email address as well as phone numbers. Should there be any changes, the relevant changes must be communicated as soon as possible.
  1. One-time passwords (OTP) will assist and identify each user; however, the Response Auction LLC will not accept any responsibility if any user fails to use the system correctly following the examples below.
    1. Incorrect email address, mobile number, or out-of-date information
    2. Using spam filters causes an email to be sent to spam folders.
    3. The user’s service is blocked by the service provider.

By registering to bid, you acknowledge and agree to the following:

1.      Your use of and access to our Platform Services are subject to your successful registration on this website.

2.     You can use the link https://responseauctions.com/login and provide the required information, if you wish to bid in the auction you need to be 18 years old and above..

3.      The addition of KYC (know your client) to our website makes it safer to verify that all buyers and sellers are legitimate. KYC fees are charged in advance and are valid for two years.


KYC (Know Your Customer) verification is a crucial process in many financial and business transactions, including auctions, where both buyers and sellers may be subject to these checks for various reasons. The primary purposes of KYC verification for buyers and sellers in auctions are as follows:


a)     Identity Verification:

    • For Buyers: KYC ensures that the identity of the buyer is genuine. This helps prevent fraudulent bidding and ensures that the auction process remains fair and transparent.
    • For Sellers: Sellers may also need to undergo KYC checks to verify their identity and ensure that they have the legal right to sell the items being auctioned. This helps in maintaining the authenticity of the auctioned items.

b)    Preventing Money Laundering: KYC helps detect and prevent money laundering activities by ensuring that buyers and sellers are not using the response auctions for illegal financial transactions.

c)     Compliance with Regulations: Many countries and jurisdictions have regulations in place to combat fraud, tax evasion, and other financial crimes. Response Auctions may be required by law to perform KYC checks to comply with these regulations.

d)    Enhancing Trust and Security: KYC verification helps build trust among participants in the auction process. Buyers and sellers are more likely to engage in transactions when they know that their counterparts have undergone identity verification.

e)     Risk Management: Response Auctions may use KYC to assess the risk associated with a buyer or seller. This can help in setting bidding limits, managing payment options, and reducing the likelihood of payment disputes.

f)      Preventing Bid Manipulation: KYC verification can deter individuals or entities from creating multiple accounts to manipulate bidding in their favor. It helps ensure that each participant has a single, verified identity.

g)    Facilitating Dispute Resolution: In case of disputes or legal issues arising from an auction transaction, KYC records can serve as valuable evidence to establish the identity of the parties involved.

h)    Protecting Intellectual Property: For certain types of auctions, such as art or collectibles, KYC may be used to verify that sellers have the legal right to auction off the items, helping protect intellectual property rights.

i)      Ensuring Financial Responsibility: KYC can also be used to assess the financial responsibility of buyers, ensuring that they have the means to complete the transaction if they win the auction.


4.     When registering on behalf of someone else or an entity, you must make sure the fund is available and you have the authority to release the fund before the commencement of the sale. (Letter of authorization is compulsory).

5.     If you are using your own name but acting as an agent while you need to pay for the lot after a successful bid and provide documents and disclose the ultimate buyer and make sure the ultimate buyer is not blacklisted or engaged with a money laundering scheme.

6.     Response Auction will require a valid debit or credit card in the bidder’s name prior to granting access to bid in the Auction.

7.     Response needs the following details to accept the bid on behalf of an individual person as proof of identity.

·  Passport copy or Emirates Id

·  Full Address

·  Utility Bill

·  Contact Number, Email Address, and Phone Number

8.     Response needs the following details to accept the bid on behalf of a corporation or entity as proof of identity.

·  Company Registration

·  Certificate of Incorporation

·  Certificate of Good Standing

·  Copy of Passport of Owner or Share Holders

·  Article of Association

·  Confirmation of Registered Address

·  Utility Bills and Bank Statements on the name of the company

 

9.     By using our services and/or this website, including any sub-platforms of this website, you acknowledge and agree to be bound by the terms, conditions, notices, and disclaimers in our "Terms and Conditions".

10.   To the fullest extent permitted by law, you acknowledge and agree that Response Auction LLC reserves the right to modify or vary any terms, conditions, notices, or disclaimers about these "Terms and Conditions", at our sole and absolute discretion, without notice or liability to you or any third party, including without limitation to reflect any changes in the law, technology, or our operations and services.

11.     You acknowledge and agree that Response Auctions LLC may assign or transfer its rights or obligations under these "Terms and Conditions" without your consent.

12.    In the event the "Terms and Conditions" are modified or varied in any way whatsoever, your use and/or continued use of this website, including any sub-platforms of this website, constitutes your acceptance of any modified or varied "Terms and Conditions".

13.    If you disagree with these "Terms and Conditions,", or any modifications or variations to these "Terms and Conditions", your sole remedy is to immediately cease your use of our services and/or this website, including any sub-platforms of this website.

14.   This website, including any sub-platforms of this website, allows you to do the following, including without limitation:

a)     You are responsible for ensuring your registration has been processed at least forty-eight (48) hours prior to the commencement of any auction. Failure to successfully register at least forty-eight (48) hours prior to the commencement of any auction may mean you are unable to Livestream the auction, access the online bidding platform, and/or bid at the auction.

b)    You are responsible for ensuring that all persons who intend to or are otherwise required to execute the Contract of Sale and any other legal instrument on a successful bid at the auction are registered on this website at least forty-eight (48) hours prior to the commencement of any auction.

c)     You may be requested from time to time to provide additional information, data, or personal identification documents including but not limited to completing any anti-money laundering and or anti-terrorism financing checks by the Response Auction LLC to check.  Failure to provide additional information, data, or personal identification documents may result in the rejection or refusal of your registration or the suspension, cancellation, or deactivation of your account.

15.    To ensure the integrity of this website and its services, Response Auctions reserves all rights, in its sole and absolute discretion, to reject or refuse your registration or otherwise suspend, cancel, and deactivate any user from its website for any reason whatsoever. The Response Auction is not required to provide any reason, explanation, or clarification as to the rejection or refusal of any registration, suspension, cancellation, or deactivation of any user. For the avoidance of any doubt, the Response Auction may reject, suspend, cancel, and/or deactivate your account for any reason whatsoever, notwithstanding whether your registration was or has been accepted by an authorized third party.

16.   You are responsible for conducting your due diligence check in relation to any lot listed on this website.

17.   You are responsible for obtaining any legal or financial advice in relation to any lot listed on this website, including any valuation, condition report, and/or advice regarding the Contract of Sale or any other legal instrument to purchase any lot listed on this website.

18.   You are responsible for ensuring that you have read and understood the Terms and conditions of the sale.

19.   Response Auctions uses all reasonable endeavors and reasonable safeguards to implement and provide you safe access to this website, including its Auction Platform services; however, it does not make any representations, statements, or warranties whatsoever that your use or access shall be timely, secure, free from interruption, or free from error.

20.  Your use of or access to this website may be suspended or unavailable for any reason whatsoever, including, without limitation, technical difficulties with your internet connection and/or service provider in the case of system failure, maintenance, or repair work. To the fullest extent permitted by law, Response Auction LLC accepts no liability and takes no responsibility for any lack of access or inability to use the website or any of its services.

21.    You warrant that:

a)     All information and data provided by you to us through this website (including as part of the registration process) or otherwise is true, accurate, complete, and up to date.

b)    Should any of your information or data provided to us be inaccurate, incomplete, or have changed in any way, you will promptly amend or update that information or data.

c)     Your Login ID and Password Used to access this website, including its Auction Platform Services, and any other details of your account are kept in a safe and secure location.

d)    You are the only person who can use your Login ID and password or account details to use and access this website, including its Auction Platform Services.

e)     You should not provide your Login ID, password, or account details to another person.

f)      You are responsible and liable for the actions of any person that uses or engages in any unauthorized use of your Login ID, password, or account on this website (including any unauthorized use of your credit card).

g)    You will notify us if you are aware of, become aware of, or otherwise have grounds to believe that there is or has been unauthorized use of your Login ID and password, your Account, or any other security breach relating to your account with our website and our services.

h)    You must comply with all relevant and applicable laws, rules, regulations, standards, and codes to use this website and our services.

i)      Should you successfully place the highest bid at any online auction facilitated through this website, including any sub-platforms of this website, and that bid is accepted by the authorized Auctioneer conducting the auction, you have full power and authority to enter into any Contract of Sale for the purchase of the lot and any other legal instrument as required by the laws applicable in the United Arab Emirates, where the lot is located.

j)      You will not engage, permit, or entice another person to.

k)     Use this website, including its Auction Platform Services, for any activities or conduct that breaches any laws, regulations, rules, standards, or codes in force from time to time or otherwise infringes a third party's rights.

l)      Use this website in any manner or way; post or transmit to the website any material that interferes with, defames, harasses, threatens, menaces, or offends any person, or which prevents any other person from using or enjoying the website and its services, including its Auction Platform Services.

m)  Make fraudulent or speculative inquiries or requests through the website.

n)    Make unreasonable, false, fraudulent, or dummy bids through the website or live stream, or in person at Auction Hall.

o)    Use another person's details (including their personal information, login details, and password or account details) without their permission or impersonate another person when using the website.

p)    Create any registered account by automated means or under false or fraudulent pretenses.

q)    Sign (whether in person, electronically, or otherwise) any documents on behalf of any person but yourself and/or any company entity to which you are not a director and/or secretary, unless you have the proper authority and permission granted by means of a power of attorney or other legal instrument recognized by the law.

r)      Post or transmit any obscene, indecent, inflammatory, pornographic, or any other material that may give rise to civil or criminal proceedings.

s)     Tamper with or hinder the operation of the website, including its Auction Platform Services, or in person in the Auction Hall.

t)      Knowingly transmits any viruses, worms, defects, trojan horses, or similar disabling or malicious code to this website.

u)    Modify, adapt, translate, or reverse engineer any portion of this website.

v)     Use any robot, spider, site search and retrieval application, or other mechanism to retrieve or index any portion of this website, including the sub-platforms of this website.

w)   Reformat or frame any portion of the web pages that are part of this website, including the sub-platforms to this website. Use this website other than in accordance with these "Terms and Conditions".

Lot: The lot and item put up for sale by falling the hammer, sometimes the Lot is owned by Response Auctions LLC, and sometimes the lot is owned by a third party, whose identity may not be disclosed.

Condition of the sale is "as is" at the time of the sale; however, any condition report or other statement we make about the lot, such as its nature, materials, dimensions, or province, should not be relied upon and must be verified by the buyer before any bids are submitted. The lot's condition is described in the description and may be supported by a professional report, age restoration, repair, wear and tear, or any previous damages, or in good condition whatever it is.

Estimates: These are neither selling prices nor beginning prices, and they certainly do not include the buyer's premium. They are based on the condition, quality, and valuation of it.

Property:  Freehold, leasehold commercial or residential, or industrial offered from banks or private owners submitted from time to time, registration through a website indicating investment budget is a must. Note please check the terms and condition of property sale on the property section.

Business Auction: Prior to registering as a bidder, interested bidders must sign a nondisclosure and noncompetition agreement for any active or winding-down businesses that are going under the hammer. or before receiving the information that was requested.

Watches

Buyer understands and agrees to the following:

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

Response Auction LLC offers no warranties for any timepieces that are put up for sale.

c)     As there is no warranty from us, new watches given by people or dealers with certificates must be inspected by the bidder prior to the auction.

d)    Most second-hand watches have been repaired at some point, and some of the parts or the band may not be original.

e)     Some watches that have been repaired over the course of their lifetime or that have been opened to replace batteries may not be considered waterproof even if water resistance is mentioned.

The seller understands and agrees to the following:

a)     Shall sign Consignment Agreement with the Response Auction LLC If the agreement outlines the terms and conditions of the consignment, including the agreed-upon estimate or reserve price, commission fees, insurance, and the length of the consignment period. Review the agreement carefully and address any questions or concerns before signing.

b)    Shall provide a valuation report for Evaluation to determine the condition, authenticity, and market value. Response LLC may consult their experts or request third-party assessments to provide accurate estimates, all the costs will be paid by the seller in advance.

c)     Allowing Pre-Auction Viewing: Prior to the auction, Response Auction LLC may organize a pre-auction viewing period where potential buyers can physically examine the artwork. This allows interested bidders to assess the piece's condition, quality, and suitability for their collections. Seller will buy for any cost associated with the pre-auction viewing in advance.

d)    Facilitate the necessary paperwork, such as transferring ownership, issuing certificates of authenticity.

e)    Authorize Response Auction LLC to supervise the transaction, including collecting payment from the buyer, and arranging shipping or pickup.

 

Jewelry

Buyer understands and agrees to the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

c)     All types of gemstones may have been enhanced in some way. You can ask for a gemological report on any lot that doesn't have one if you contact us at least three weeks prior to the sale date and pay the report price.

d)    While authorized by the international jewelry industry, procedures like heating and oiling coloring gemstones to improve their appearance may weaken the stone over time and/or necessitate specific handling.

e)     If a gemological report is not available, you should assume that the gemstones may have been altered or treated. All estimations for jewelry sales are based on this information.

Seller understands and agrees to the following.

a)     Shall provide a valuation report for Evaluation to determine its condition, authenticity, and market value. Response LLC may consult their experts or request third-party assessments to provide accurate estimates, all the costs will be paid by the seller in advance.

f)      Allowing Pre-Auction Viewing: Prior to the auction, Response Auction LLC may organize a pre-auction viewing period where potential buyers can physically examine the artwork. This allows interested bidders to assess the piece's condition, quality, and suitability for their collections. Seller will buy for any cost associated with the pre-auction viewing in advance.

g)    Facilitate the necessary paperwork, such as transferring ownership, issuing certificates of authenticity.



Arts

Buyer understands and agrees to the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

Seller understands and agrees to the following.

f)      Shall sign Consignment Agreement with the Response Auction LLC If the agreement outlines the terms and conditions of the consignment, including the agreed-upon estimate or reserve price, commission fees, insurance, and the length of the consignment period. Review the agreement carefully and address any questions or concerns before signing.

g)    Shall provide a valuation report for Artwork Evaluation to determine its condition, authenticity, and market value. Response LLC may consult their experts or request third-party assessments to provide accurate estimates, all the costs will be paid by the seller in advance.

h)    Allowing Pre-Auction Viewing: Prior to the auction, Response Auction LLC may organize a pre-auction viewing period where potential buyers can physically examine the artwork. This allows interested bidders to assess the piece's condition, quality, and suitability for their collections. Seller will buy for any cost associated with the pre-auction viewing in advance.

i)      Facilitate the necessary paperwork, such as transferring ownership, issuing certificates of authenticity

j)      Authorize Response Auction LLC to supervise the transaction, including collecting payment from the buyer, and arranging shipping or pickup.



Luxury Cars

Buyer understands and agrees with the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

c)    There is no warranty on any cars from the auctioneer, cars with warranties from the dealership will announce on the description, however, all the cars are sold on an is basis buyer can request a condition report or inspection prior to the sale.

d)    Ownership of each car needs to be verified by the road and traffic authority at the time and date of transfer.

 

Seller understands and agrees with the following.

a)     Appraisal and Assessment: Response Auction LLC may request an appraisal or assessment of your luxury car to determine its value. They may have their own experts or recommend trusted third-party appraisers to assess the condition and authenticity of the vehicle. This step helps set a reserve price or estimate the potential selling price range.

b)    Agreement and Consignment: If you decide to proceed with the auction, you'll typically sign an agreement or consignment contract with Response Auction LLC

This contract outlines the terms, fees, and commission structure. Be sure to review and understand the agreement before signing it.

c)     Prepare the Car: Prior to the auction, ensure your luxury car is in the best possible condition. Clean it thoroughly, address any mechanical or cosmetic issues, and make necessary repairs. The better the presentation, the higher the chances of attracting potential buyers and achieving a favorable selling price.

d)    Marketing and Promotion: Response Auction LLC will handle the marketing and promotion of your luxury car to attract potential buyers. They may include it in their auction catalog, advertise it on their website, promote it through targeted marketing channels, and possibly conduct previews or viewings for interested buyers.

e)     Hand Over car for inspection: You agree to authorize Response Auction LLC to provide an inspection of your car by the potential buyer at least 48 hours prior to the auction day, (Response Auction LLC will not accept any responsibility for any loss, damage, or liability towards the car submitted and handed over for Auction by the owner and handing over the car for auction is at the owner risk and should be covered by sellers insurance).

f)      Auction Day: On the auction day, your luxury car will be assigned a lot number, and potential buyers will have the opportunity to bid on it. The auctioneer will present the car, highlighting its features, history, and any unique selling points to generate interest.

g)    Sale and Transaction: If your luxury car receives bids and meets the reserve price (if applicable), it will be sold to the highest bidder. Response Auction LLC will supervise over the transaction, including payment and transferring ownership to the new owner.

Luxury Yacht

Buyer understands and agrees to the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

c)     There is no warranty on any Yachts from the auctioneer, Yachts with warrantees from the dealership will announce on the description, however, all the Yachts are sold on an is basis buyer can request a condition report or inspection prior to the sale.

d)    Ownership of each yacht needs to be verified by the Federal Transport Authority (FTA)at the time and date of transfer.

Seller Understands and agrees to the following.

a)     Evaluation and valuation: Seller will provide an independent valuation report from an industry expert, considering factors such as its size, age, condition, features, maintenance history, and market demand as well as recent comparable sales.

b)    Agreement and contract: Seller agree to sign an auction agreement with Response Auction LLC This contract will typically cover details such as the auction date, commission fees, marketing strategies, reserve price (if applicable), and any additional services provided.

c)     Documentation and preparation: The owner agree to provide all the information regarding the Yacht, such as ownership papers, maintenance records, and any certifications. They may also recommend any repairs or improvements if available, that information could enhance the yacht's appeal and value.

d)    Marketing and promotion: Response Auction LLC will create a comprehensive marketing plan to attract potential buyers. This may involve advertising in relevant publications, online listings, targeted email campaigns, social media promotion, and reaching out to their existing network of high-net-worth individuals and yacht enthusiasts. They may also organize pre-auction viewings for interested buyers. The owner will facilitate and provide assistance with arranging for surveys, and sea trials.

e)     Auction day preparation: Response Auction LLC will handle logistics for the auction day, including securing a suitable venue, arranging for any necessary permits or licenses, and preparing the auction catalog or brochure featuring the yacht's details and specifications.

f)      Auction day: On the auction day, depending on the method of Auction a live Auction or timed Auction, a live auction serves as the master of ceremonies.  deliver opening remarks, provide an overview of the auction process, and conduct the bidding. The auctioneer's role is to generate excitement, encourage competitive bidding, and ensure a fair and transparent process. The owner will be accessible to accept or reject offers if below the reserve price.

g)    Closing the sale: Once the bidding concludes and a winning bid is accepted, the owner will sign the sales contract and facilitate the necessary paperwork to transfer the ownership, owner understand Response Auction LLC will supervise all process including the payment and transfer.  



Register Number Plate


Buyer understands and agrees to the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

Seller understands and agrees to the following.

a)     Agreement and contract: Seller agree to sign an auction agreement with Response Auction LLC This contract will typically cover details such as the auction date, commission fees, marketing strategies, reserve price (if applicable), and any additional services provided.

b)    Transfer Ownership need to transfer the ownership of the registration number plate to the buyer. Both parties should visit the relevant licensing authority or the Roads and Transport Authority (RTA) to initiate the transfer process with the supervision of Response Auction LLC

Carpet

Buyer understands and agrees to the following.

a)     Register as a bidder and provide a deposit before the Auction or sign the bidder commitment (should be approved by the auctioneer).

 

b)    Make the balance of payment as soon as the auction is conducted in a timely manner.

Seller understands and agrees to the following.

a)     Shall sign Consignment Agreement with Response Auction LLC to accept your carpets, said agreement outlines the terms and conditions of the consignment, including commission fees, insurance, estimated value or reserve price, and the consignment period. Review the agreement carefully and ensure that you understand all the terms before signing.

b)    Documentation and Evaluation: Response LLC may require documentation that supports the authenticity and provenance of the carpets, such as certificates of origin or appraisals.

c)     Response Auction LLC may also evaluate the carpets' condition, quality, and market value using their in-house experts or through third-party assessments, the cost of such evaluation should be paid by the seller in advance.

d)    Pre-Auction Viewing: Prior to the auction, the auction house may offer a pre-auction viewing period where potential buyers can physically inspect the carpets. This allows interested bidders to assess the quality, condition, and aesthetic appeal of the carpet’s facilitation for auction viewing and any associated cost will be paid by the seller in advance.

e)     Authorization for Response Auction LLC to supervise the transaction, including collecting.

Supply third-party services and products, for providing our services, we might offer to supply products or services of other third-party professional contractors. By ordering such a product and service, you agree

  1. Make payment for fees and charges according to the product and services.
  2. Bond by the terms and conditions of third-party contractors and suppliers.

Third-Party Content

1.      Unless expressly stated on the contrary, all information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, and videos about any lot listed on this website are prepared, produced, provided, and uploaded by or on behalf of an authorized third-party ("Third Party Content introduced by the user").

2.     You acknowledge and agree that

a.     This website, including any sub-platforms of this website, contains third-party content.

b.     You rely on third-party content at your own risk.

c.     You are responsible for making your own inquiries, conducting your own due diligence, and/or obtaining any legal or financial advice in relation to the Third-Party Content or each item (lot).

d.     Response Auction makes no representation, statement, or warranty, either expressly or implicitly, in relation to the accuracy, timeliness, performance, completeness, or suitability of its own or Third-Party Content found or offered on this website or any of its sub-platforms.

The Auction Platform Services

  1. Any auction for any lot listed on this website shall be conducted by an experienced auctioneer unless it uses a timed Auction system.
  2. Excluding any reasons out of our control, the online platform provides:

a.     A live and uninterrupted video stream.

    1. A mechanism to communicate with the auctioneer.
    2. A numerical representation in real-time of every bid in USD $ Dollars or AED Dirhams accepted by the auctioneer conducting the auction, including the status of those bids. ("The Auction Bid Ladder").
    3. All bids are made and accepted in USD $ Dollars or AED Dirhams.
    4. You shall be notified of the highest value bid you make and whether such a bid has been accepted or rejected by the auctioneer. All lower-value bids made by you are considered to have been rejected upon acceptance or rejection of your highest bid.
    5. Should the Lot be passed in by the auctioneer as it does not reach the seller’s reserve price:

3.     Buyer acknowledges and agrees that

a.     To make the payment of the Deposit within 30 minutes after your bid became successful.

b.     You are responsible for arranging the balance of payment within 24 hours after your bid is accepted by Response Auction LLC.

c.     Responsible for ascertaining the manner, timeframe, and precise mechanism by which the outstanding deposit towards the purchase price of the lot is to be settled.

d.     If Response Auction facilitates delivery, the address provided should be registered address only.

e.     The responsibility and possession of the Lot will be passed to the buyer at the time and date the final payment has been made.

f.      Arranging Insurance for the lot purchased through the Auction immediately after the time and date on which final payment has been made.

Intellectual Property

For the purposes of these Terms and Conditions, "Intellectual Property" includes copyright (including future copyright), trademarks (registered and unregistered), trade, business, and company names, trade secrets, and other proprietary rights, or any rights to registration of those rights, whether created before or after the last modified date of these ‘Terms and Conditions’.

  1. Response Business Group is the owner or authorized user of all intellectual property in or associated with this website, including its sub-platforms.
  2. You are not permitted to copy, reproduce, modify, transmit, post, use, license, or distribute, whether electronically or otherwise, any intellectual property derived from this website, including its sub-platforms.
  3. Any non-authorized copies, production, modification, transmissions, postage, usage, or distribution of our website material constitutes a breach of our intellectual property rights and/or a breach of the intellectual property rights of a third party.

Privacy

Any personally identifiable information that you provide, upload, or submit through or in relation to this website, including its sub-platforms, is collected, used, and stored by us in accordance with our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, we exclude any liability for any direct or indirect loss or loss of opportunity, damage, cost, or expense, however or wherever incurred, including, but not limited to, any loss or loss of opportunity, damage, cost, or expense that arises from or is otherwise connected with:

  1. Your use or misuse of this website, including its sub-platforms.
  1. Your use or misuse of any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, videos, or any other information or material on this website, including its sub-platforms.
  1. Your use or misuse of any Third-Party content.
  1. Your inability to register on this website, including its sub-platform.
  1. Your failure to provide the requisite information, data, and/or material required and necessary for registration and verification of identity.
  1. Your rejection or refusal of registration on this website or the suspension, cancellation, or deregistration of your account by the Response Auction LLC.
  1. Any registered user of this website whose accounts were created by automated means or under false or fraudulent pretenses.
  1. Your inability to use or access this website, including its Auction Platform services.
  1. Your inability to use or access any information, documents, data, reports, specifications, text, comments, recommendations, reviews, opinions, images, pictures, and videos any information or material on this website, including its sub-platforms.
  1. Any inaccuracies or errors in any information, documents, data, reports, specifications, texts, comments, recommendations, reviews, opinions, images, pictures, videos, or any information or material on this website, including its sub-platforms.
  1. Your inability to use or access any Third-Party content.
  1. Any inaccuracies or errors in any Third-Party content.
  1. The loss or modification of any information (including personal information), documents, or data transmitted to or from this website, including the sub-platforms.
  1. The loss of confidentiality in any information (including personal information), documents, or data transmitted or from this website including the sub-platforms.
  1. The conduct of any auction for any lot listed on this website, including the sub-platforms.
  1. The outcome of any auction for any lot listed on this website, including the sub-platforms.
  1. Any actions or omissions of the authorized third party before, during, and/or after the auction of any lot listed on this website, including the sub-platforms.
  1. Any representations, statements, or warranties made by the third party authorized in relation to the lot listed on this website, including its sub-platforms.
  1. The population of information on the Auction Bid Ladder, including its accuracy, completeness, and timeliness.
  2. The compliance of any Contract of Sale or any other legal instrument prepared, provided, and uploaded by the Response Auction LLC with the laws under the location of the lot.
  3. Any interruption, suspension, delay in operation, or transmission of this website, including the Auction Platform Services, for any reason whatsoever.
  4. Your use or misuse of the Payment Gateway.

Indemnity

You agree to release, hold harmless, and indemnify Response Auction LLC and Response Business Group LTD, to the fullest extent permitted by law, from and against any and all claims, suits, liabilities, damages, injuries, costs, and expenses (including indirect and consequential loss) whatsoever and however arising out of, in connection with, or in respect of your use of, access to, or conduct on this website, including any breach of these Terms and Conditions by you.

Severability

If any provision of these Terms and Conditions is invalid, unenforceable, or illegal, it is to be read down, if possible, to be valid and enforceable and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these “Terms and Conditions”.

Waiver

The failure, delay, relaxation, or indulgence on the part of the Response Auction LLC in exercising any power, right, or remedy conferred upon the Response Auction LLC by these “Terms and Conditions” shall not operate as a waiver of that power, right, or remedy, nor shall the exercise or any single or partial exercise of any power, right, or remedy preclude any other or further exercise of such power, right, or remedy or the exercise of any other power, right, or remedy under these “Terms and Conditions”.

Assignment

You are not authorized to assign, sell, or transfer an interest to any third party without the approval of the Response Auction LLC (Response Business Group). Bidders who prefer to bid on behalf of another person must use the proxy form or power of attorney document in advance.

Force Majeure

Any act or event beyond the reasonable control of the Response Auction LLC, including and without limitation in part or entire Response Auction LLC services, systems, websites, and transactions, which could be affected by sabotage, fire, flood, explosion, strike, or industrial action malfunctioning in the computer system, insurrection, war, computer hacking, computer crashing, virus, mechanical error, power shot down, government ban, fault, and failures in the telecommunication network.

Dummy Bids and Collusion

  1. It is illegal to make dummy bids at an auction. As it is an offense to collude with someone to interfere with free and open competition at the auction.
  1. The seller of the lot is entitled to have one bid made on their behalf by the auctioneer. When the seller’s bid is made, the auctioneer must announce it as a vendor bid. This should not be considered a dummy bid.
    1. Co-owners and Executors:
      1. A co-owner, executor, administrator, or someone bidding on their behalf may make more than one bid to purchase the lot as long as:
        • This is outlined in the auction conditions.
        • The auctioneer announced this before the start of bidding at the auction.

b.     Errors:

                                           i.         In the event of an error or suspicion of an error in the Response Auction LLC's system, practice, or transaction, the Response Auction LLC will resolve the error within 20 business days from the day of receiving the complaint or internal investigation.

c.     Notice legal@responseauction.com

 

Currency calculator:

The response auctions is not liable for any error (human or otherwise), omission, or malfunction in the provision of these services. The response auctions may display bids in addition to the sale currency, as specified in the sale particulars, in other major currencies. Any conversion is for informational purposes only, and we are not bound by any exchange rate displayed by the currency calculator.

Record of Sale

The record of sale will be taken as absolute and final in all disputes, in the event of a discrepancy between any online records or messages provided to you and the records of sale the auctioneer is the sole arbitrator, and the auctioneer's decision is final.

Successful Bids

The winning bidders will receive email notification of any successful bid; bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of their successful bid by checking the purchases tab of the online-only sale; and, unless response auctions elect to use its discretion, this means a contract for sale has been formed between the seller and the successful bidder.

 Applicable Law

The entire terms and conditions comply with and are protected by the United Arab Emirates and consumer protection is regulated by the economic department of each emirate and federal law of the United Arab Emirates.

Transaction Fees

Users agree and understand that bank charges, government fees, or any applicable taxes introduced by the government will be added to the transaction amount and borne by the users accordingly.

Eligibility of Vat on the auction final price is in accordance with the UAE Federal Tax authority, which states that VAT Tax will be added to all auction prices if applicable and all charges, including administration fees and fines.

Payments

Users understand and acknowledge that by using and participating in Response Auction LLC they agree to pay the prescribed fees to the following private and government entities, including penalties if applicable.

1.      Registration fee and added products and services charged by the Response Auction LLC or third party.

2.     KYC charges, if applicable.

3.     The valuation report, if applicable.

4.     Brokerage fees (Should a brokerage firm be involved in buying or selling).

5.     VAT (Goods and services tax).

Buyer’s Premium

The response auctions will charge the buyer a premium on the hammer prices of each lot sold and make the buyer responsible for paying the premium as well as applicable taxes, royalties, shipping, and loss damage liability fees. The customer's invoice may not reflect the applicable VAT, and in some cases, if the lot was exported, the buyer would be entitled to a vat refund.

Deposit Amount

Users agreed to secure a minimum 10% payment as a deposit towards properties for sale at auction as soon as a contract of sale has been signed.(unless agreed by Response  LLC).

Employee Bidding

Response employees may participate in any online auction, but they will not have an advantage over the other bids.

Withdrawal of Lots

Response reserves the right to remove any lots from the sale at any time, whether before or during the auction and will not be held responsible in any way for doing so.

Closing bid for each lot

A countdown clock display on each lot description, if there is bidding activity on a particular lot within 3 minutes of the lot assigned closing time, there will be a bidding extension so that there will always be a 3-minute period between the last bid and closing time, this process will continue to the end till there is no more bid and last 3 minutes time is closed.

 Refund

1.      Any amount wrongfully charged by the Response Auction LLC will be checked by our finance team and will be refunded accordingly.

2.     In the event of the death of any participant, all payments or refunds will be passed on to their legal heir after obtaining a judgment from the court according to the court of the United Arab Emirates or the territory in which the lot is located.

Import Duty

The buyer will pay the import duty in accordance with the GCC Custom Law, the general customs duty currently is 5% however any changes or extra customs duty imposed shall be paid by the buyer.

Tax

The buyer or successful Bidder is responsible for the entire taxes imposed by UAE federal government including any VAT.

VAT refund depends on the circumstances and should be obtained from your own independent tax advice.

Shipping Charges

a)     The shipping fees that you will be required to pay will be international shipping costs from the location of the lot to the delivery address you have selected, as well as loss damage liability costs. The shipping costs do not include any local taxes or handling fees, as well as any customs duty, import tax, or local clearance fees that may be applicable to your country.

b)    It is your responsibility to determine and pay any applicable international duties, customs fees, taxes, charges, and tariffs that belong to the proper governmental entity or that others must pay before shipment and delivery, as well as any third-party fees required to facilitate shipment and any fees required for insurance.

Warranties

Sellers Warranties

·  The lot is clear of liens or claims from third parties, and the seller is the authorized seller through ownership or other legal means.

·  If the information above is inaccurate, the seller will be completely responsible for the transaction being reversed at any time and will cover all associated costs, including the auctioneer's fee and premium as well as any necessary legal fees.

Response Auction LLC Warranties

·  Lots filed by United Arab Emirates-registered enterprises that include a receipt attesting to ownership and other details on the lot's condition.

·  Lots filed by international enterprises that include a receipt attesting to ownership and other details on the lot’s condition.

·  Lots filed with identification information by natural persons (KYC check provided).

Common Auction Conditions   

This auction is being conducted under certain conditions that are set by law.

The auctioneer will have these conditions on display before the auction so that you can read them. The auction conditions include:

  1. The highest bidder is the purchaser, subject to any reserve price.
  2. The auctioneer is entitled to make only one bid on behalf of the seller.
  3. Before the auction, the auctioneer must announce that he or she is permitted to make one bid on behalf of the seller.
  4. The auctioneer must announce immediately before or in the process of making the bid that he or she is making a vendor bid.
  5. The auctioneer can refuse a bid that is not in the interests of the seller.
  6. The auctioneer has no authority to accept a late bid, that is, a bid after the fall of the hammer.
  7. If there is a disputed bid, the auctioneer is the sole arbitrator and makes the final decision.
  8. The successful buyer’s name must be given to the auctioneer as soon as possible.

 The Participant confirms the following:

  1. The participant does not hold the Response Auction LLC responsible for the refusal of the concerned entities to register the property in his or her name.
  1. The participant acknowledges that he or she is aware that the competent authority is responsible for the refund of the rent or vacancy on the property or businesses, and Response Auction LLC bears no responsibility.
  1. Buyers confirm that all the information submitted by them is accurate. False statements and information result in fines and legal action.
  1. Those willing to purchase through our website shall register their data and choose a username and password of their own so that they can use the services of the site.
  1. Buyers confirm that before bidding, they understand and have received independent legal advice regarding the following:

a.     Auction rules, regulations, and practices.

b.     Lot Information.

c.     Selling and purchasing contracts, time, and date of execution of contracts.

d.     Expenses, fees, and charges; commission payable on the properties from buyers and sellers

  1. The participant acknowledges and agrees with the estimated value of the Lot without relying on the Response Auction LLC's advertisement or information.
  1. All participants and bidders in Response Auction LLC must be over the age of 18 and must not be prohibited or restricted by laws. He or she also has the right to make the full payment.
  1. The participant acknowledges that should he or she become a successful bidder or buyer, he or she is enabled to finalize the procedures, provide the remaining amount, and sign the sale and purchase agreement.
  1. Any participant breaches the rules of the auction, resulting in the loss of a selling opportunity, or if the participant fails to complete the transaction, the bidder could be sued for damages.
  2. The Response Auction is not responsible for any technical errors, system malfunctions, lags, delays, or failure for live stream or failures related to any bid auto-rejection or auction day.
  3. The Response Auction makes no representations, statements, or warranties as to the following:

a)     The accuracy and completeness of the information in the auction.

b)    The timeliness of imputing, populating, uploading, and/or processing any information for the auction.

c)     The outcome of any auction.

d)    That the Response Auction administration will contact you if the lot has been passed in to ascertain your interest in purchasing the lot, negotiating the purchase of the lot, and/or accepting any further offers on the Item.

e)     That the Response Auction Administration will contact you based on your use of the passed-in Protection.

f)      Any comments or requests you make using Passed-in Protection do not constitute an offer capable of acceptance by the auctioneer on behalf of the vendor(s) and are to be treated as a request for contact or an expression of interest.

g)    If you are in a different time zone from the auction site, it is your responsibility to ensure you calculate the difference in the time zone.

h)    You cannot retract any accepted bid on the online platform.

i)      The auctioneer can refuse or reject any online bids in their sole and absolute discretion for reasons including, without limitation:

j)      The bid is less than the latest bid made on the Lot, by way of a timed auction or livestream.

k)     The bid is unreasonable, or

l)      The bid is below the set increment stated by the auctioneer or timed auction.

The only representations, warranties, undertakings, and contractual obligations to be given or undertaken by the vendor or sellers.

Are those contained and expressly referred to in the written-on Authority for sale between the vendor or sellers and a purchaser.

Prospective purchasers should refer to the Special Conditions, Notices, Auctioneer’s pre-sale announcement, Common Auction Conditions, General Conditions, and other documents (i.e., the Addendum) that are set out in the relevant sections of the website.

Response Auction LLC has the right to determine, suspend, or terminate any of the services provided by the site, and may prevent users from entering the site or removing any material published on it, or take electronic or legal action to prevent users from entering the site without warning. If the administration finds "Response Auction LLC" to need any of the procedures listed above for any reason, note that the company has the right to cancel accounts or inactive accounts when needed.

Revised Dated: 14th of September 2023