GRAFE AUCTION USER AGREEMENT
Last Updated: January 23, 2026
Welcome to the Grafe Auction (“Grafe”) online community (the “Site”). This User Agreement describes the terms and conditions that apply to the buying or bidding of goods or other services offered by Grafe Auction on this Site (collectively, the "Services"). You must register and accept the terms of this Agreement in order to use the Services.
BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
Grafe Auction reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modifications will be effective upon posting the revisions on the Site. Your continued use of this Site and the Services following Grafe Auction's posting of its changes or modifications will constitute your acceptance of such changes or modifications.
1. Eligibility
The Services may only be used by persons who can enter into legally binding contracts under applicable law. You must be at least 18 years of age to use the Services. Persons under the age of 18 are prohibited from registering or bidding. By registering, you represent and warrant that you are at least 18 years old. To participate in the bidding process, we may require valid payment information to verify your identity and charge applicable fees.
Identity Verification: To participate in the bidding process and help prevent fraud, we require identity verification during account registration. This verification process may include:
- Submission of a government-issued photo ID (such as a driver's license, passport, or national ID card)
- A selfie photograph to confirm that the person registering matches the photo on the ID document
- Phone number verification via SMS code
By registering, you consent to this identity verification process. Verification is performed by our third-party identity verification provider (Stripe Identity). See our Privacy Policy for details on how your verification data is collected, used, and retained.
2. Fees and Payment Terms
Participating in a Grafe Auction event as a bidder is free. Fees and Payment Terms applicable to the sale of goods are incorporated herein by reference.
Price Transparency & Buyer's Premium:
Unless otherwise stated, all fees are quoted in U.S. dollars. A "Buyer's Premium" may be added to the final bid price of an item. In compliance with Minnesota Price Transparency laws, the applicable Buyer's Premium percentage and any other mandatory fees will be clearly disclosed on the auction listing page. By placing a bid, you acknowledge that the total purchase price will be the sum of your winning bid, the Buyer's Premium, and applicable sales tax.
You are responsible for the payment of any and all applicable taxes, buyer's premiums, shipping, and other costs you incur from using the Services.
3. Release
Grafe Auction often acts as a venue for sellers to list items and buyers to bid. We cannot guarantee that sellers will complete the sale of a lot or that buyers will complete the purchase. All risk of participating on the Site is assumed by the individual buyers and sellers. You hereby release Grafe Auction and its respective directors, employees, and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of or relating to your use of the Site and the Services.
4. Completion of Sales
Bidders that participate in auctions through our Site will be required to submit valid payment information to complete the sale. All successful bids are payable upon demand to Grafe via the accepted payment methods defined on the Site (e.g., Visa, MasterCard, ACH bank transfer). Wire transfer may be accepted for large purchases by prior arrangement. Applicable buyer's premium is a taxable addition to the item bid price. In auctions where sales tax is due, sales tax is calculated based on the final total price (Bid + Premium) per applicable state regulations.
ACH Payment Terms:
- ACH payments are processed through the Automated Clearing House network and typically settle within 1-3 business days.
- By authorizing an ACH payment, you authorize Grafe Auction (or its payment processor) to debit your bank account for the invoice amount.
- Items purchased will not be released for removal until ACH payment has cleared and settled.
- If an ACH payment is returned for insufficient funds, closed account, or any other reason, you remain liable for the full invoice amount plus any applicable return fees, and your account may be suspended until the matter is resolved.
5. General Rules and Policies
5.1. General Policies
The Grafe Auction Privacy Policy governs the collection and use of user information on the Site. You should review these policies frequently.
5.2. Contractual Obligations
A bid is a legal offer to buy the lot. Once accepted by Grafe Auction (at the fall of the hammer or close of the lot), a contract is created between the buyer and seller. By bidding on a lot, you agree to complete the transaction if you are the declared winner.
5.3. "Without Reserve" vs. "Reserve" Sales
- Without Reserve: The item will be sold to the highest bidder regardless of price. The seller (or their agent) may not bid on the item.
- With Reserve: The item has a minimum price established by the seller. The seller is only obligated to sell once the reserve is met. In a reserve auction, the auctioneer or seller may bid on the lot up to the amount of the reserve price to protect their interest, as permitted by the Uniform Commercial Code (UCC).
5.4. Systems and Integrity
You agree not to interfere with the Site or any transaction. You agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
5.5. Warranties on Auction
UNLESS OTHERWISE SPECIFIED IN ANY GIVEN AUCTION, ALL GOODS SOLD THROUGH THE SITE ARE SOLD "AS IS, WHERE IS" AND GRAFE AUCTION DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Obligations of Buyers
6.1. Bidding
By placing a bid, you are making an offer for the purchase of the auctioned item. If you are the winning bidder at the close of the auction, you are legally obligated to pay for and remove the item.
6.2. Bid Retraction
In accordance with UCC § 2-328, you may retract a bid at any time prior to the auctioneer's announcement of the completion of the sale (or the online "fall of the hammer"). You may retract your bid through the website interface (if available) or by contacting Grafe Auction customer service before the lot closes. Once the lot closes or is declared sold, your bid is final and cannot be retracted. A retraction does not revive any previous bid.
6.3. Fraud
You may not register and make bids under a false name or with false account information. Such fraudulent conduct is a violation of federal and state laws.
6.4. Title and Risk of Loss
Title to and risk of loss with respect to the auctioned item passes to you upon the fall of the hammer or the close of the online lot. You are responsible for insuring the item immediately upon purchase. You hereby expressly release Grafe Auction and its officers, directors, and agents from any claims on account of injury, disability, or death arising out of the removal or shipping of the auctioned item.
7. Authentication; Security
You are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change it immediately. You are responsible for maintaining the security of your account and financial information.
8. Enforcement
Grafe Auction may investigate any reported violation of this Agreement and take any action deemed appropriate, including issuing warnings, suspending or terminating access, or removing content. We reserve the right to report suspected illegal activity to law enforcement.
Grafe Auction takes reasonable measures to respect the privacy of our users. Please consult the Grafe Auction Privacy Policy for details on your rights, including your rights under the Minnesota Consumer Data Privacy Act (MCDPA).
10. Disclaimer of Warranties
THE SITE AND SERVICES ARE OFFERED "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). GRAFE AUCTION DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE. YOU USE THE SITE AT YOUR OWN RISK.
11. Your Indemnity
You hereby release, hold harmless, and indemnify Grafe Auction and its affiliates, directors, and employees against any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of this Agreement; (b) your improper or illegal use of the Services; or (c) your negligence or willful misconduct. This indemnity applies even if the claim arises in part from the ordinary negligence of Grafe Auction, to the extent permitted by Minnesota law.
12. Limitation of Liability
IN NO EVENT SHALL GRAFE AUCTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GRAFE AUCTION SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU ACTUALLY PAID TO GRAFE FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS OR US$500.00.
13. Termination
Grafe Auction may terminate this Agreement or suspend your access to the Site at any time, without prior notice, if you violate this Agreement or for any other reason in our sole discretion.
14. General Provisions
14.1. Applicable Law and Venue
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN OLMSTED COUNTY (ROCHESTER), MN, AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
14.2. Class Action Waiver
YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR GRAFE AUCTION WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
14.3. Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.
14.4. Claim Limitation
You agree that any claim or cause of action arising out of or relating to the Site or this Agreement must be filed within one (1) year after such claim arose or be forever barred.
14.5. Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements.
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