Terms of Service | WashAuction.com

1. Acceptance of Terms

By accessing or using WashAuction.com ("WashAuction," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the platform. We may modify these Terms at any time, and your continued use of WashAuction after such modifications constitutes acceptance of the updated Terms.

2. Platform Overview

WashAuction is an online marketplace that connects buyers and sellers of new, used, refurbished, and overstock car wash equipment. WashAuction facilitates transactions between buyers and sellers and collects a platform fee for this service.

WashAuction is NOT a party to any transaction between buyers and sellers. WashAuction acts solely as a marketplace intermediary and never takes possession of, title to, or responsibility for any equipment listed on the platform.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use WashAuction. By creating an account, you represent and warrant that you meet these eligibility requirements. Accounts created by anyone under 18 will be terminated.

4. All Sales Are Final

All transactions completed through WashAuction are final. Equipment is sold as-is, as-described by the seller. There are no returns, refunds, or exchanges facilitated by WashAuction.

Buyers are solely responsible for reviewing all listing photos, descriptions, condition details, specifications, and any other information provided by the seller before making a purchase or placing a bid. By completing a transaction, you acknowledge that you have reviewed the listing in its entirety and accept the equipment in its described condition.

5. Payment and Fees

All payments are processed through Stripe. When a buyer completes a purchase, the seller is paid immediately minus the applicable platform fee. Platform fees are determined by the fee tier in effect at the time of the transaction and are non-refundable under any circumstances.

Sellers must complete Stripe Connect onboarding before listing equipment. Buyers must have a valid payment method on file before bidding or purchasing.

6. Seller Responsibilities

Sellers agree to:

Accurately represent all equipment including condition, photos, descriptions, and specifications
Only list equipment they own or have legal authority to sell
Respond to buyer inquiries in a timely manner
Complete Stripe Connect onboarding and maintain an active Stripe account
Comply with all applicable laws regarding the sale of equipment
Not list any items that are illegal, stolen, or subject to liens or encumbrances without disclosure

7. Buyer Responsibilities

Buyers agree to:

Thoroughly review all listing details, photos, and descriptions before purchasing
Maintain a valid payment method on file
Honor all bids placed and purchases completed
Arrange and pay for shipping or pickup unless otherwise agreed with the seller
Understand that all sales are final and as-described

8. No Warranties or Endorsements

WashAuction does not guarantee, warrant, inspect, verify, or endorse any listings, equipment, or sellers on the platform. WashAuction is not responsible for the condition, quality, safety, legality, or fitness for any particular purpose of items listed. "Verified Seller" or similar badges indicate only that a seller has completed identity verification through Stripe, not that WashAuction endorses the seller or their equipment.

9. Disputes Between Buyers and Sellers

Any disputes regarding transactions, equipment condition, delivery, or any other matter are strictly between the buyer and seller. WashAuction is not a party to any transaction and is not obligated to mediate, arbitrate, or resolve any disputes. WashAuction may, at its sole discretion, assist with communication between parties but assumes no liability for the outcome.

10. Platform Rights

WashAuction reserves the right to, at its sole discretion and without notice:

Remove any listing for any reason
Suspend or permanently ban any user account
Modify platform fees (changes apply only to new transactions)
Modify, suspend, or discontinue any aspect of the platform
Refuse service to any individual or entity

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASHAUCTION'S TOTAL LIABILITY TO ANY USER FOR ANY CLAIMS ARISING FROM OR RELATED TO THE USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT OF PLATFORM FEES PAID BY THAT USER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL WASHAUCTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTION CONDUCTED THROUGH IT, REGARDLESS OF THE THEORY OF LIABILITY.

WashAuction is not liable for any damages resulting from equipment purchased through the platform, including but not limited to equipment malfunction, property damage, personal injury, or any other harm arising from the use of equipment.

12. Indemnification

You agree to indemnify, defend, and hold harmless WashAuction, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the platform; (b) any transaction you participate in; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation.

13. Intellectual Property

All content, trademarks, logos, and intellectual property on WashAuction are owned by WashAuction or its licensors. By listing equipment, sellers grant WashAuction a non-exclusive, worldwide, royalty-free license to display listing content (including photos and descriptions) on the platform and in promotional materials.

14. Prohibited Conduct

Users shall not:

Create fake accounts, listings, or reviews
Manipulate bids or prices through shill bidding or other deceptive practices
Circumvent the platform to complete transactions off-platform to avoid fees
Harass, threaten, or abuse other users
Use the platform for any illegal purpose
Scrape, crawl, or otherwise extract data from the platform without authorization

15. Contact Information and Off-Platform Communication

Users may not share personal contact information, including but not limited to phone numbers, email addresses, social media handles, or website URLs, through WashAuction's messaging system for any active listing. Users may not arrange transactions, negotiate terms, or communicate outside of WashAuction's platform for any listing that has not resulted in a completed transaction.

This includes but is not limited to: sharing phone numbers in any format (numeric, spelled out, or disguised), sharing email addresses, directing users to external platforms or websites, and using coded language to convey contact information.

Upon completion of a transaction (payment confirmed), both buyer and seller will be provided with each other's contact information through the platform to coordinate pickup, delivery, or other post-sale logistics.

Violation of this policy may result in message blocking, account flagging, account suspension, or permanent ban at WashAuction's sole discretion. Repeated violations will result in automatic account review and potential termination.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Contact

Questions about these Terms should be directed to: legal@washauction.com