General Terms & Conditions of this Auction

General

  • The seller of this auction item is Xbox Canada, a division of Microsoft Canada Co.
  • AuctionJAM Inc. (AuctionJAM) on behalf of Xbox Canada is managing this auction.
  • It is the buyer's responsibility to preview the item(s) and determine its condition, originality and content. While descriptions are believed to be accurate, neither Xbox Canada nor AuctionJAM or their employees, agents or contractors provide any warranties, conditions or guarantees express or implied, as to the genuineness, authenticity or accuracy of condition, or defect, if any, of the item(s) to be auctioned and will not be held liable or responsible for any special, indirect or consequential damages or any damages whatsoever, whether in an action in contract or tort, arising out of the purchase or use of any item (even if we have been advised of the possibility of such damages), or any discrepancies or inaccuracies in item descriptions provided.
  • The item is sold "as is" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.
  • Xbox Canada will donate 100% of the net proceeds of final sales price on this item to Children's Miracle Network. The winning bidder will receive, in exchange for payment of the full bid price (plus all applicable shipping/handling charges and taxes) to AuctionJAM, the item described herein, under the terms described herein.
  • All bids are binding.
  • All bids are in U.S. dollars.
  • Barring unanticipated circumstances, the expected delivery time for the item is approximately 3 weeks after final payment is received and acknowledged.
  • This auction does not include any items or services that are not detailed above.
  • Please note that shill bidding is neither allowed nor tolerated. This practice is illegal and carries legal consequences in many areas. Per eBay's help pages, "shill bidding is the deliberate placing of bids to artificially raise the price of an item and is not allowed."
  • Xbox Canada and AuctionJAM reserve the right to block a bidder for any reason including but not limited to, feedback, non-paying bidder, bid retractions and recent bid history.
  • No failure or delay on the part of Xbox Canada in exercising any right or remedy hereunder or enforcing the terms and conditions set forth herein will operate as a waiver thereof.
  • Neither the course of conduct between the parties, nor trade practice shall act to modify any provision of these terms and conditions.
  • If any part or provision of these terms and conditions is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect.
  • Bidder's and/or Buyer's participation in this auction constitutes acceptance of these terms and conditions.
  • All items subject to availability and/or additional restrictions on use as set forth in the item description.
  • Any claim relating to the bidding upon or purchase of this item shall by governed by the laws of Ontario, Canada, exclusive of the choice of law rules thereof.
  • These terms and conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements.

End of Auction Payment Process
All payments are to be made within three (3) business days following the conclusion of the auction. All payments shall be processed through PayPal or made by cash, money order, or certified cheque. Payment instructions will be sent to winning bidder via email upon auction closing. Check winning bid email for payment instructions and total owing. Please insure to include the correct shipping fee and all applicable taxes with your payment. AuctionJAM does NOT accept any other methods of payment. Payment via PayPal ensures quickest shipping.

Methods of Payment
The ONLY accepted methods of payment are:

  • PayPal
  • Cash
  • Money Order (negotiable in Canada)
  • Certified Cheque

    All payments must be made in U.S. dollars, or CDN dollar equivalent as determined by AuctionJAM. Total amount of payment required is high bid amount + shipping + applicable taxes. If item is being picked-up from AuctionJAM, then the total payment required is the high bid amount and applicable taxes only.

    All payments are to be made directly to "AuctionJAM Inc.".
    Money orders and certified cheques should be made payable to "AuctionJAM Inc.".

    All money orders and certified cheques should be mailed to:

    AuctionJAM Inc.
    12 Upjohn Road, Unit 4a
    Toronto, Ontario
    M3B 2V9
    Canada

    Shipping Fees
    All shipping & handling charges are the sole responsibility of the bidder/buyer. Please see item description for shipping cost. AuctionJAM will ship to Canadian, U.S., and International locations. Customs and duty charges may be applicable to orders shipped outside Canada and are the sole responsibility of the bidder/buyer. All items must be shipped to the winner/buyer unless otherwise arranged between buyer and AuctionJAM. The method of shipping is at the sole discretion of AuctionJAM and will be based on shipping address and item requirements.

    Auction Item Pick-Up
    AuctionJAM offers local pick-up in Toronto at the AuctionJAM office located in North York at York Mills and Leslie. The address is above. You must make an appointment for pick-up during business hours and receive confirmation of your time before coming to the office.

    Exchanges & Returns
    Due to the nature of this auction, this item is sold 'AS IS'. There will be no returns, exchanges or refunds.

    Tax Receipts
    Please consult with your tax specialist. Children's Miracle Network policy is: while the net proceeds from the sale of this item are going to a registered charity, the winning bidder is not eligible for a tax receipt. The winning bidder is "buying an item", rather than making a donation, and therefore the Children's Miracle Network will not be providing a tax receipt.

    Undelivered Shipment Claims
    If you do not receive your package, you must file a claim with AuctionJAM within 21 business days from the end-of-auction. AuctionJAM and the seller will not be held liable under any circumstance for lost or stolen packages, packages containing missing items or vandalized packages if the customer does not contact AuctionJAM within the specified time frame.

    Auction Manager Disclaimer
    AuctionJAM is merely performing an auction service on behalf of the selling party and as such is not responsible for any errors or omissions or for any warranties or guarantees either explicit or implied herein. At no time has AuctionJAM taken ownership of this auction item.

    General Disclaimers
    Xbox Canada and AuctionJAM, their respective advertising and promotional agencies, their respective employees, agents, affiliates and representatives may not be held liable for (i) late, lost, delayed, not received, damaged, misdirected, incomplete or fraudulent bids or pre-qualification registrations, (ii) failure to receive bids or pre-qualification registrations due to transmission failures, busy signals, traffic congestion on the internet or at any website or technical failures of any kind, including, without limitation, malfunctioning of any network, servers, access providers, hardware or software, whether originating with sender or recipient, (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this auction and breaches of privacy due to interference by third party computer "hackers", or (iv) any personal injury, property damage, or other loss or costs sustained or incurred by the buyer or any other person, resulting from the use of the auction item(s).

    Xbox Canada and AuctionJAM (or their respective agents) reserve the right to reject or void any bid or pre-qualification registration and/or cancel, modify or discontinue the auction at any time (without notice to registrants/bidders individually) if, in their sole discretion, they determine that for any reason (such as tampering or infection by computer virus or any other cause beyond their control) the auction is not capable of running as originally planned, fraud, technical failures, human, printing or distribution errors, or any other causes or occurrences have compromised the administration, safety, fairness or integrity of the auction. Any person participating in this auction or trying to do so by any means which go against the intention of these Terms and Conditions and which would be unfair to the other participants (example: computer hacking, fraudulent use of one or several access codes or obtaining such access codes through fraudulent means, etc.) will be automatically disqualified from participation and Xbox Canada and AuctionJAM and/or their designates reserve the right to seek remedies and damages to the fullest extent permitted by law - including criminal prosecution.

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