Terms of Use

These Terms of Use ("Terms") govern your use of the Qustom Auctions mobile application (the "App") operated by Qustom Collectibles ("we", "us", or "our"). By creating an account or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Account Registration & Approval

• You must be at least 18 years old to register and use the App.
• You must provide accurate and complete information when registering.
• Display names must be unique across the App. You may be prompted to choose a display name after signing up with Google.
• All new accounts require administrative approval before bidding privileges are granted. We reserve the right to approve, reject, or revoke accounts at our discretion.
• You are responsible for keeping your account credentials secure and for all activity under your account.

2. Bidding Rules

• All bids are binding offers to purchase the item at the bid amount.
• The first bid on an auction may equal the starting price. All subsequent bids must exceed the current highest bid by at least the minimum bid increment.
• Bid amounts must align to the auction's bid increment above the starting price.
• You cannot bid on your own auctions.
• Auctions may automatically extend their end time if a bid is placed within the anti-sniping threshold, giving other bidders a fair opportunity to respond.

3. Maximum (Proxy) Bidding

You may set a maximum bid — the highest amount you are willing to pay. The system will automatically place incremental bids on your behalf, one increment at a time, only when you are outbid, up to your maximum. You may lower your maximum bid at any time, but not below the current active bid amount. If two bidders set the same maximum, the bid placed earlier takes priority.

4. Competition Auctions

Some auctions are competitions rather than standard paid auctions:

• Each person may enter a competition only once.
• Winners are drawn randomly from the pool of entrants after the competition closes.
• Unless auto-draw is enabled, winners are drawn manually by an administrator.
• Drawn winners may require administrative confirmation before being announced.
• No invoice is issued for competition wins. Entry may be free or require an entry fee as stated on the competition listing.

5. Buy Now

Where a Buy Now price is listed, you may purchase the item immediately at that price. This ends the auction and generates an invoice for the full Buy Now amount.

6. Invoicing & Payment

• Winning bidders and Buy Now purchasers receive an invoice for the winning amount plus shipping and applicable fees.
• Invoices are managed through our Commerce Manager system and must be paid within the timeframe stated on the invoice.
• Failure to pay an invoice may result in account suspension or blacklisting.
• Invoice and order status is synced between the App and the Commerce Manager; the Commerce Manager is the source of truth for payment and shipping status.

7. Shipping, Delivery & Risk of Loss

• You must provide a valid delivery address to receive won items.
• The App supports PUDO lockers, Postnet branches, and door-to-door delivery.
• Shipping costs are calculated and displayed during the checkout process.
• All items are shipped entirely at the buyer's own risk. Risk of loss, theft, or damage passes to the buyer the moment the item is handed to the shipping carrier or collected by the buyer.
• We are not responsible for any loss, theft, damage, delay, customs issues, or carrier errors occurring during transit or after dispatch, regardless of the courier selected.
• Optional shipping insurance is available and may be offered during checkout. It is the buyer's responsibility to take up shipping insurance if they wish to protect their purchase against loss or damage in transit. We accept no liability for uninsured shipments.
• We are not responsible for delivery delays caused by the courier, customs, force majeure events, or incorrect address information provided by the user.

7a. Item Condition, Descriptions & Additional Images

• All items are sold "as is" and "as available". Descriptions, photographs, condition reports, grading opinions, authenticity opinions, and estimated values are provided in good faith as opinions only and do not constitute warranties or guarantees of any kind.
• We describe the condition of every item as accurately and honestly as possible based on visual inspection and available information. However, condition assessment is inherently subjective and we cannot be held liable if a description is found to be incorrect, incomplete, or at variance with the buyer's own assessment or a third-party grading outcome.
• Variations in colour, centreing, print quality, packaging, manufacturing defects, grading outcomes, or any other characteristic shall not constitute grounds for cancellation, return, refund, or chargeback.
• Bidders are responsible for conducting their own research and satisfying themselves regarding the authenticity, condition, completeness, suitability, and value of any item before placing a bid.
• You are welcome — and encouraged — to request additional photographs or further information about any item before bidding. Requests should be submitted through our contact channels and we will make reasonable efforts to provide additional images or detail. The absence of a request for additional images constitutes your acceptance that the listing information provided was sufficient for you to make an informed bidding decision.

8. User Conduct & Blacklist Policy

You agree not to:

• Engage in shill bidding, bid manipulation, or any form of fraudulent bidding
• Use the App for any illegal or unauthorized purpose
• Interfere with the proper functioning of the App or attempt to access data belonging to other users
• Provide false or misleading information

Administrators may blacklist accounts that violate these Terms. Blacklisted users cannot place bids, use Buy Now, or enter competitions. Blacklist decisions are at our sole discretion.

9. Intellectual Property

The App, its design, branding, and content are the property of Qustom Collectibles. Auction item images and descriptions are provided by the seller. You may not copy, reproduce, or distribute App content without our written permission.

10. Disclaimers, Exclusion of Liability & Indemnity

The App is provided on an "as is" and "as available" basis. We do not guarantee that every auction will result in a sale or that the reserve price will be met. To the maximum extent permitted by South African law, and except where prohibited by statute:

• All items are sold "as is" without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We make no guarantees regarding condition, authenticity (unless explicitly stated in writing), grading outcomes, or future value of any item.
• We shall not be liable for any indirect, incidental, consequential, special, or economic loss arising from your use of the App, participation in an auction, or the purchase of any item.
• We shall not be liable for any discrepancy, error, omission, or inaccuracy in any listing, description, photograph, condition report, or grading opinion, howsoever caused.
• We shall not be liable for loss or damage during shipping or transit, whether or not shipping insurance was taken up.
• We shall not be liable for technical failures including internet outages, server failures, website downtime, software errors, mobile network interruptions, delayed bids, or any technical issue affecting participation in an auction.
• Our maximum aggregate liability for any claim arising from your use of the App or the purchase of any item shall not exceed the amount actually paid by you for the specific lot giving rise to the claim.
• You indemnify and hold Qustom Collectibles, its officers, employees, and agents harmless from any claim, demand, loss, or damage (including legal fees) arising out of your use of the App, your bids, your purchases, or your breach of these Terms.

By placing a bid, using Buy Now, or entering a competition, you acknowledge that you have read and understood these Terms, have had the opportunity to request additional information or images, and accept full responsibility for your bidding and purchasing decisions.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from your use of the App shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by posting the updated Terms in the App. Continued use of the App after changes constitutes acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms, please contact us through our main website at qustomcollectibles.com.