Pure Golf Auctions utilizes FedEx Ground for shipment of all sold auction items. Unless otherwise requested by the winning bidder, all shipments are accompanied by FedEx's minimum insurance amounts unless otherwise requested by the winning bidder. Pure Golf Auctions assumes the risk of damage or loss to auction items until such time as items are delivered to FedEx. Upon delivery of items to FedEx, the winning bidder assumes the risk of damage or loss to auction item. The winning bidder is responsible for the cost of shipping and insurance.
Returns are not accepted and all sales are final. As indicated herein, bidder expressly agrees not to bid on an auction item until, if at all, such time as bidder is satisfied as to the authenticity and condition of the item.
Pure Golf Auctions Terms of Service shall be governed and construed in accordance with the laws of the State of North Carolina. In the event that any provision(s) contained herein shall be held to be unenforceable, such provision(s) shall be construed in accordance with the intent of the parties. In the event such construction may not be reasonably done, such provision(s) shall be severable and shall be stricken without effect as to the enforceability of the remainder of Pure Golf Auctions Terms of Service.
Pure Golf Auctions strives to provide a seamless online forum for users to consign and purchase auction items. However, Pure Golf Auctions and its host are not liable for service interruptions or failures, specifically including but not limited to lost bids Pure Golf Auctions and its host assume no liability for the completion of a transaction until such time as Pure Golf Auctions receives verified payment for an auction item.
Pure Golf Auctions and user expressly agree that Pure Golf Auction shall not be liable for direct, indirect, incidental, special, or consequential damages arising out of user’s access to and use of Pure Golf Auctions services. Under no circumstances shall Pure Golf Auctions liability exceed the price actually paid by bidder to Pure Golf Auctions. for the purchase of an auction item or the price actually paid by consignor to Pure Golf Auction in the form of consignment fees.
Pure Golf Auction expressly reserves the right to terminate an an auction item or the entire auction with or without cause in its sole discretion.
Pure Golf Auctions and user expressly agree that any and all disputes shall be resolved through binding arbitration in front of a single arbitrator in accordance with the governing law and the applicable rules of the American Arbitration Association. The sole proper venue for arbitration shall be Moore County, North Carolina. Upon judgment by the arbitrator, judgment may be entered in any court have jurisdiction over the non-prevailing party.
User agrees to indemnify and hold harmless Pure Golf Auctions, its parents, subsidiaries, affiliates, officers and employees, and likewise its host, its parents, subsidiaries, affiliates, officers, and employees, from any claim or demand, including reasonable attorney's fees, made by a third-party in relation to their use of Pure Golf Auctions services, a breach of Pure Golf Auctions Terms of Service, or their infringement or other party's, using user's Pure Golf Auctions. User ID, infringement, of the property rights of any other person or entity.