Auction Terms & Conditions

These "Auction Terms" govern use of NIPPON NISHIKIGOI's online auction services (the "Auction Services" or "Auction"). By bidding in a NIPPON NISHIKIGOI Auction, you expressly agree to be bound by these Auction Terms, as well as the NIPPON NISHIKIGOI Terms and Conditions, the NIPPON NISHIKIGOI Privacy Policy, and the auction rules for the Auction, all of which are incorporated into these Auction Terms by this reference. Please check the site periodically to see if any such changes have been made.

  • By using these services, you hereby warrant and represent that you are legally able to enter into and form a binding contract. To register, you must be able to provide you real name and email address, along with other information that may be required to validate your request to become a member.
     
  • You warrant that your credit (or debit) card has sufficient funds to cover any bid. Payment may be made via Google Checkout or over the phone to NIPPON NISHIKIGOI using a valid credit (or debit) card.
     
  • You have adequate facilities (a pond) to house koi (nishikigoi or koi carp) and you have knowledge on the general care of koi carp fish. NIPPON NISHIKIGOI will ensure any purchase is in a healthy condition upon dispatch or pick up but will bear no responsibility for ill care or lack of experience once the fish is in your (the purchasers) hands and/or pond.

Auction Procedure

  • You will place a bid by following the Auction Rules.
     
  • You understand and acknowledge that you cannot revoke or otherwise cancel any bid that you make, but you may use the re-bid function to increase your bid.
     
  • You agree not to bid in an Auction through the use of more than one Nippon Nishikigoi account. It is violation of these Auction Terms for one of more persons to submit, or facilitate the submission of, more than one bid using the same name, account, email address or credit card or to encourage others to bid on your behalf or to bid on behalf of another person.
     
  • If you re-bid in an Auction, then Nippon Nishikigoi will use the time at which you placed your latest re-bid as your bid time, not the time at which you initially placed your bid or any other intervening bid times. For example, if you initially bid at 09:00, later submit a re-bid at 10:30 and finally submit a re-bid at 12:15, then the time Nippon Nishikigoi will use when determining whether you have a winning bid will be the 12:15 re-bid time. If you re-bid in an auction, then your previous bid in that Auction will no longer be valid.
     
  • You understand and acknowledge that when you acquire nishikigoi (koi or koi carp) through an Auction you may pay higher prices than you would pay has you acquired those nishikigoi (koi or koi carp) through another means, such as via the Nippon Nishikigoi website, and that it is possible that identical or different nishikigoi (koi or koi carp) may be obtained before, during or after that Auction at the same price or a different price via a means other than that Auction.
     
  • If you violate these Auction Terms or, in the sole discretion of Nippon Nishikigoi, Nippon Nishikigoi suspects you intend to violate these Auction Terms, Nippon Nishikigoi may terminate your use of the site, bar you from future use of the site, cancel your order, terminate or refuse to allow your participation in any Auction, or take appropriate legal action against you. An order or bid may be rejected, cancelled or disqualified, or may otherwise not be accepted, by Nippon Nishikigoi if Nippon Nishikigoi determines in Nippon Nishikigoi's sole discretion that Nippon Nishikigoi has not received sufficient approval, authorisation or verification of a bidder's credentials or that a bidder has not complied with these Auction Terms, Nippon Nishikigoi's other agreements or policies, or any other auction rules. Such a rejection, cancellation or disqualification may occur either during an Auction or after the closing of an Auction. Consequently, if your bid is disqualified you may not win tickets through an Auction even if your bid is high enough to have won.
     
  • NIPPON NISHIKIGOI RESERVES THE RIGHT TO REFUSE TO ACCEPT HIGH OR WINNING BIDS.
     
  • You acknowledge and agree that all decisions by Nippon Nishikigoi with respect to determining auction winners shall be final and binding.
     
  • You acknowledge and agree that NEITHER NIPPON NISHIKIGOI NOR ANYONE ELSE ASSOCIATED WITH AN AUCTION OR AN EVENT FOR WHICH LIVE KOI ARE AUCTIONED SHALL BE LIABLE FOR ANY (A) LOST, LATE, MISDIRECTED OR UNDELIVERED BIDS (B) TECHNICAL, NETWORK, ELECTRONIC, COMPUTER, HARDWARE OR SOFTWARE FAILURES OF ANY KIND (C) TYPOGRAPHICAL ERRORS IN ANY WEB SITE, PROMOTIONAL COPY OR ANY POLICIES (D) THE COMPLETENESS OR ACCURACY OF ANY INFORMATION RELATING TO THE AUCTION OR (E) DISCREPANCIES BETWEEN CLOCKS OR TIMING USED BY NIPPON NISHIKIGOI TO STOP AN AUCTION OR TO ORDER BIDS AND ANY OTHER CLOCKS OR TIMING, REGARDLESS OF WHETHER APPEARING ON THE WEBSITE OR THROUGH THIRD PARTY SOURCES.
     
  • You agree that if NIPPON NISHIKIGOI invalidates a higher ranked bid placed by another bidder, NIPPON NISHIKIGOI may in NIPPON NISHIKIGOIs sole discretion convert your losing bid into a winning bid.
     

If you have any questions or queries regarding an Auction, these terms and conditions or any other issues with Nippon Nishikigoi's website or auction facilies please email to sales@nipponnishikigoi.com