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The GNESO Auctions Non-Payment Policy

GNESO Auctions Policy – 1/6/03

NOTICE!
Because we are a media, in the event that you have a dispute with one or more users, you release GNESO, GNESO Auctions, Al-Martin.com, TheGamersDen.com, Ne-Smokeout.com, (and our officers, directors, agents, subsidiaries, joint ventures companies/affiliations and employees, or any facsimile therein) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We will, however, do everything possible to correct the problems through mediation and if necessary, removal of questionable buyers/sellers.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


Non-Paying bidders face the following consequences:
• First offense: warning
• Second offense: warning
• Third offense: Indefinite Suspension

An indefinite suspension is a suspension of a user's privilege to use the GNESO Auctions Site for more than 60 days with no promise of a reinstatement date. Indefinite suspensions are generally reserved for the more serious or repeated violations of GNESO Auctions Policies. Users that have been indefinitely suspended may be reinstated by GNESO at its discretion, though GNESO may determine at any time that the suspension is permanent. Users who have been indefinitely suspended may not register with GNESO during the suspension, nor may they use GNESO's site in any way. Failure to abide by this restriction will lead to referral for criminal prosecution with the United States Attorney's Office.
Note: Actions must be initiated within 30 days of auction close. Any accusations in excess of 30 days will not be addressed nor enforced by GNESO Auctions. It is your responsibility (the buyer and seller) to initiate contact and finalize the deal.

What to do if you're a seller with a non-paying bidder.

1. Contact each other
Contact each other after your listing has ended. Like you, buyers can have emergencies or computer problems. Your high bidder may not be able to respond to you right away for legitimate reasons. A good policy is to contact within 1-3 days.

2. Payment Reminder.
Send a payment reminder email to your winning bidder. You can customize the email. Remember that actions must be initiated within 30 days of auction close. Any accusations in excess of 30 days will not be addressed nor enforced by GNESO Auctions. It is your responsibility (the buyer and seller) to initiate contact and finalize the deal.

3. Non-Paying Bidder Complaint
If after 7 days (but no more than 30), file a Non-Paying Bidder complaint with GNESO Auctions at ADMIN@NE-SMOKEOUT.COM. GNESO Auctions will then send an email to you and your high bidder. Your high bidder will be reminded to pay you and informed of the consequences if no payment is sent.

REMEMBER!!
Because we are a media, in the event that you have a dispute with one or more users, you release GNESO, GNESO Auctions, Al-Martin.com, TheGamersDen.com, Ne-Smokeout.com, (and our officers, directors, agents, subsidiaries, joint ventures companies/affiliations and employees, or any facsimile therein) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We will, however, do everything possible to correct the problems through mediation and if necessary, removal of questionable buyers/sellers.

If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Another alternative is to send an email to the next highest bidder and offer a Second Chance Offer. You may still sell your item quickly to someone who is still interested without having to pay additional Listing Fees.

Notice to bidders: If you are a bidder and believe you received an unfair warning or were falsely accused, you may appeal it by emailing or case to at ADMIN@NE-SMOKEOUT.COM.

All warnings will remain on your record until they are successfully appealed. If appealed, the warning will then be removed.

Falsely accusing bidders by sellers are subject to the same policies and actions.

Designed by Al Martin