Auction Official Rules
The Services provide a platform for Sellers to offer Lots for Auction to Users or “BIDS”, and for the User with the highest bid at the close of the Auction to purchase the Lot. Give Surreal is responsible for the operation of the Services only and serves only as a technology platform to facilitate Auctions and the Custom Experiences Program. Experiences may not be assigned, sold, gifted or conveyed to another party without the prior written consent of Give Surreal, and any attempt to so transfer an Experience shall be null and void, and will result in the forfeiture of the Experience and the Purchase Price.
The ending time for each Auction is stated on the bidding page for each such Lot. Bids will be accepted from the opening of the Auction until the ending time only. Give Surreal reserves the right, in its sole discretion and without notice, to extend, terminate or modify the Auction in the event of technical difficulties alter the proper functioning of the Site or the Auction.
When an Auction goes live, Users are free to place bids under their User Account on the Lot until the Auction closes. As bids are placed, Give Surreal reserves the right to authorize your credit card for any bid amount placed by your User Account. Each time you are outbid Give Surreal will send you an email notification advising you of such.
By bidding on any Lot, you agree to purchase the Property and/or Experience at the amount you have bid together with costs associated therewith that are disclosed on the Auction page for such Lot. You agree that should you bid on a Lot and your bid is the winning bid, that you are bound to pay Give Surreal the winning bid amount for the Lot. You further agree that all bids place under your User Account are deemed to be placed by the User or with the User's authorization and consent, and User is solely responsible for all activity under his or her User Account.
At the close of an Auction, Give Surreal will review all bids for the Lot and if you are the highest bidder (the "Winning Bidder"), Give Surreal will inform you by the email registered to your User Account. The highest bid is referred to herein as the "Winner’s Price." By bidding in an Auction you acknowledge and agree that within two (2) business days following the close of an Auction, the Winning Bidder's credit card or bank account will be charged the Winner’s Price, plus the following costs and fees (collectively, the “Costs”): sales tax, use tax, DST, VAT and any other applicable taxes, plus shipping costs, and insurance costs while in transit (collectively, the Winner’s Price plus the Costs are the "Total Purchase Price"). The Winning Bidder is also responsible for any applicable customs and/or duties. All transactions on Give Surreal are displayed and charged in U.S. dollars (USD), unless specifically stated otherwise.
Following collection in full of the Total Purchase Price, Give Surreal shall retain an amount equal to all Costs plus a fee for providing the Services, and then shall remit the remaining proceeds to the Seller (if Seller is a nonprofit entity) or to a nonprofit organization designated by the Seller ("Charitable Recipient").
Some of the Lots offered on this Site may be subject to a minimum price at which the Lot will be sold (the "Reserve Price"). Give Surreal is not obligated to sell the Lot unless the Reserve Price is met and an Auction may be withdrawn if there is no bid equal to or above the Reserve Price.
Owners of Property and/or an Experience being sold on the Site are prohibited from bidding on or offering to buy their own Property and/or an Experience, and shall not instruct, authorize or permit any other person to bid for or purchase such Property and/or an Experience on their behalf or to otherwise take any action that may manipulate the sale process in any way, unless you agree to purchase the Property and/or Experience at the price you bid.
LIMITATIONS OF GUARANTEES.
Give Surreal is a technology platform for bidding on Lots and for fulfilling Custom Experiences Program Requests. Information pertaining to the descriptions, conditions, title, authenticity, Seller's ability and authority to sell a Property or Experience, and all other information related to the Lot, is provided by the Seller. Sellers may provide information to inform bidders as to the background and interests of principals participating in an Experience and is not part of any guarantee. While Give Surreal will endeavor to use commercially reasonable efforts to confirm the authenticity of the Property and Experiences it receives and posts for auction via the Services, Give Surreal makes no claims, representations or warranties with regard to the authenticity of any Property or Experiences sold on the Site. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, Give Surreal (including our affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (collectively, “Covered Entities”)) is not liable, and you agree not to hold the Covered Entities responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from the items posted for sale on the Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.