Terms of Service

1. Introduction and acceptance

These Terms of Service constitute a binding legal agreement between Selling Lane, LLC and the user, governing access to the auction management software, website, mobile applications, and related services.

The Terms apply to all users, including:

• "Sellers": dealerships, auctioneers, or individuals using software to list assets.
• "Bidders": individuals or entities registering to bid on assets.

2. Critical disclaimer: Selling Lane is a venue

2.1 Technology provider only

Selling Lane is a Software-as-a-Service (SaaS) provider. The company provides technology allowing independent Sellers to conduct auctions. Selling Lane is not an auctioneer, dealer, broker, or agent and does not own, inspect, possess, transfer title to, or sell listed items.

2.2 Relationship of parties

Selling Lane is not a party to any transaction between a Seller and a Bidder. The contract is directly between these parties only.

2.3 Release of liability

Users explicitly release Selling Lane (and its officers, directors, agents, employees) from claims and damages arising from disputes between Sellers and Bidders regarding condition, payment, or title transfer.

3. Account registration and security

3.1 Eligibility

Users must be at least 18 years old or the age of majority in their jurisdiction. Registration represents authority to bind any represented business entity.

3.2 Verification (KYC/KYB)

To comply with the EU Digital Services Act and US anti-fraud regulations, Selling Lane reserves the right to verify Seller identity. Accurate, current, complete information is required. Failure to provide verification documents may result in account suspension.

3.3 Account deletion

Users may request account and data deletion at any time through account settings or by emailing info@sellinglane.com. Certain data may be retained as required by law, such as tax records.

4. Acceptable use & prohibited items

4.1 Prohibited items

Users may not use the platform to sell or promote:

• Illegal Goods: stolen property, drugs, drug paraphernalia, controlled substances.
• Weapons: firearms, ammunition, explosives, weapon-making instructions.
• Counterfeit Goods: fake luxury goods, replicas, unauthorized copyrighted works.
• Hazardous Materials: toxic, radioactive, combustible materials.
• Adult Content: pornography or sexually explicit material.

4.2 Transparency & misrepresentation

• Pricing: Sellers must clearly disclose all fees (Buyer's Premiums, Doc Fees, Taxes) prior to bidding. Hidden fees are prohibited.
• Condition: Sellers must not misrepresent item condition. "Bait and switch" tactics are prohibited.

5. Auction and bidding rules

5.1 Bids are binding contracts

When a Bidder places a bid, it is an irrevocable offer to purchase the item at that price. Winning bidders are legally obligated to complete the purchase.

5.2 "As-is, where-is"

Unless stated otherwise by Sellers, all items are sold "as-is, where-is" with all faults. Selling Lane makes no warranties regarding quality, safety, or legality of listed items.

5.3 Reserve prices

Sellers may set a Reserve Price (minimum price). If bidding does not reach the Reserve Price, the Seller is not obligated to sell.

5.4 Offline transactions (circumvention)

Users are prohibited from using the platform to find other users and then completing transactions off-platform to avoid fees ("Fee Avoidance").

6. Fees and payments

6.1 Service fees

Sellers agree to pay subscription and/or per-transaction fees as outlined in their Service Order or on the pricing page.

6.2 Taxes

• Users are Responsible: users solely determine, collect, report, and pay applicable taxes (Sales Tax, VAT, GST/HST).
• Marketplace Facilitator Laws: in jurisdictions where Selling Lane is deemed a "Marketplace Facilitator," taxes may be automatically calculated and collected.

7. International compliance

7.1 For users in the European Union (EU) & UK

• Digital Services Act (DSA) Notice: Selling Lane is considered a "Hosting Service." The company does not proactively monitor content but removes illegal content upon notice.
• Right of Withdrawal:
  • B2B: professional buyers generally do not have withdrawal rights.
  • B2C: Sellers selling to consumers must comply with EU Consumer Rights Directive. Public auctions dealing in second-hand goods may be exempt depending on member state law.
• GDPR: data processing practices are outlined in the Privacy Policy.

7.2 For users in Canada

• PIPEDA: compliance with the Personal Information Protection and Electronic Documents Act. Privacy Officer contact: info@sellinglane.com
• Quebec Language Clause: The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

8. Intellectual property & DMCA

8.1 Ownership

Selling Lane retains all rights to software, code, and branding. Users grant Selling Lane a non-exclusive license to use uploaded images and descriptions for promotional purposes.

8.2 DMCA safe harbor (USA)

Copyright infringement notices should be sent to:

• Email: legal@sellinglane.com
• Subject: DMCA Takedown Request
• Requirement: include work description, infringing material URL, and contact information.

9. Disclaimer of warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available." Selling Lane disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. No guarantee of uninterrupted or error-free service.

10. Limitation of liability

In no event shall Selling Lane be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue. Total liability for any claim shall not exceed amounts paid by the user in the twelve months preceding the claim.

11. Dispute resolution (binding arbitration)

For US residents: any dispute arising out of these Terms shall be resolved by binding arbitration conducted by the American Arbitration Association (AAA). Users waive any right to participate in a class action lawsuit.

See also: Privacy Policy.