SPORTSBID
Legal Documentation Pack
Operated by BESTONLINEAUCTION Inc.
333 Bay Street, Suite 3400,
Toronto, ON M5H 2S7, Canada
Effective date: July 1, 2026
Contents
Part 1 — Terms & Conditions
Part 2 — EU/UK Consumer Addendum
Part 3 — Privacy Policy
Part 4 — Cookie Policy
Part 5 — Data-Processing Addendum
Part 7 — Restricted Items & Authenticity Policy
Part 8 — Intellectual-Property Policy
Part 1
SPORTSBID — TERMS & CONDITIONS
These Terms & Conditions (the “Terms”) govern access to and use of the SportsBid online auction platform and application (“SportsBid” or the “Platform”), which is owned and operated by BESTONLINEAUCTION Inc., a corporation incorporated under the laws of the Province of Ontario, Canada, having its registered office at 333 Bay Street, Suite 3400, Toronto, ON M5H 2S7, Canada (“Company,” “we,” “us,” or “our”). SportsBid is a branded application through which the Company hosts online auctions of sports memorabilia and related collectibles, including where it is deployed as a white-label or co-branded application for partners. By accessing, registering for, listing on, bidding on, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
PLEASE READ CAREFULLY. These Terms contain provisions that materially affect your rights, including that all bids are binding and irrevocable, that the seller (not the Company) is responsible for the authenticity, title and condition of items, a chargeback and clawback regime, a limitation of the Company’s liability, and the exclusive jurisdiction of the courts of Ontario, Canada.
1. Definitions
“Item” means any sports memorabilia or collectible listed for sale on the Platform by a Seller.
“Listing” means an Item’s auction page, including its description, images, condition notes, starting price and any reserve.
“Seller” means a user who lists an Item for sale; also referred to as the item owner.
“Bidder” means a user who places a Bid; the “Buyer” or “Winner” is the Bidder holding the highest valid Bid at the close of an Auction.
“Bid” means a binding, irrevocable offer by a Bidder to purchase an Item at the stated amount.
“Hammer Price” means the final winning Bid amount for an Item at the close of the Auction.
“Stripe” means the third-party payment processor through which the Company collects and disburses funds. The Company is the owner of, and merchant of record on, the Stripe account used for the Platform.
“Content” means any text, images, descriptions, or other material submitted to the Platform by a user.
“Services” means the Platform, the SportsBid application, and all related features and functionality.
2. Eligibility and Registration
To use the Platform you must be at least 18 years of age and able to form a legally binding contract. You agree to provide accurate, current and complete registration information (including your legal name, email address, country and, when bidding, valid billing and payment information) and to keep it updated.
You are responsible for safeguarding your account credentials and for all activity under your account. If you register on behalf of a company or other legal entity, you represent that you are authorised to bind that entity, and you accept these Terms on its behalf and personally. The Company may refuse, suspend or terminate any account at its discretion.
3. Identity Verification, KYC and Anti-Money-Laundering
The Company and its payment processor may verify your identity and, where required by law or risk policy, request additional information (including proof of identity, address, beneficial ownership and source of funds). The Company may set transaction limits and may delay, hold, decline, freeze or reverse any registration, listing, bid, payment or payout, and may report activity to competent authorities, where reasonably necessary to comply with anti-money-laundering, counter-terrorist-financing, sanctions or fraud-prevention obligations. You agree to provide requested information promptly; failure to do so may result in suspension or termination of your account.
4. Role of the Company; No Agency; Merchant of Record
Venue and technology provider. The Company operates the Platform solely as a venue and technology provider that enables Sellers and Bidders to conduct online auctions of Items. The Company is not the seller, owner, importer, consignor, authenticator, appraiser, valuer or guarantor of any Item.
Sale is between Seller and Buyer. Each contract of sale of an Item is formed exclusively between the Seller and the Buyer. The Company is not a party to that contract and assumes no obligations of either party under it.
Merchant of record for payment only. The Company owns and maintains the Stripe account used on the Platform and acts as merchant of record solely to collect, hold and disburse auction proceeds on behalf of Sellers and to facilitate refunds and chargebacks. This payment-facilitation role is administrative only; it does not make the Company the seller of, or a party to the sale of, any Item, and does not transfer to the Company any title to, risk in, or warranty regarding any Item.
Vetting is not endorsement. Any review, approval, ranking, categorisation or hosting of a Listing by the Company is performed for administrative and platform-integrity purposes only. It does not constitute authentication, verification, endorsement, appraisal, or any representation or warranty as to any Item, and no Buyer may rely on it as such.
5. Seller Obligations, Representations, Warranties and Indemnity
Sellers list Items pursuant to a separate seller proposal or agreement accepted with the Company. The Seller sets the starting price, provides a complete and accurate description, condition disclosure and images, and designates any charity beneficiary. In addition, each Seller represents, warrants and covenants, on a continuing basis, that:
it has full legal right, title, capacity and authority to sell the Item and to transfer good title free of any lien, claim or encumbrance;
the Item is authentic and genuine, and the Item and its Listing are accurate and not misleading in any material respect, including as to provenance, attribution, autographs/signatures, condition and any certification;
the sale, export and transfer of the Item complies with all applicable laws, including those relating to cultural property, counterfeit goods, intellectual property, publicity rights, sanctions and export controls; and
it will deliver the Item to the Buyer in the condition described and within the time required by these Terms.
Seller indemnity. The Seller shall defend, indemnify and hold harmless the Company and its officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to the Item, its authenticity, title, provenance, condition, description, delivery or non-delivery, or any chargeback, refund, reversal or dispute relating to the sale of the Item.
Recovery and clawback authorisation. The Seller irrevocably authorises the Company to deduct, set off, withhold, reverse or claw back from any amounts held for or owed to the Seller — and, where those amounts are insufficient, to charge the Seller’s payment method on file — any sum corresponding to a chargeback, refund, penalty, fee or indemnified amount for which the Seller is responsible under these Terms.
6. Auctions and Bidding
Bids are binding. Every Bid is a binding and irrevocable offer to purchase the Item at the Bid amount. Bids may not be retracted, cancelled or reduced once placed.
Starting price, increments and reserves. Auctions may be subject to a starting price, minimum bid increments and an undisclosed reserve. An Item subject to a reserve will not be sold unless the reserve is met, unless the Seller agrees otherwise.
No shill bidding. Sellers must not bid on their own Items, nor arrange, encourage or permit any person to bid on their behalf or to artificially inflate bids or create false competition. Any such conduct is a material breach.
Close and extensions. The Auction closes at the stated time. To preserve fairness, the Company may extend the closing period where Bids are received near the close (soft close).
Determination of Winner. The highest valid Bid at close wins. The Company may verify, refuse, cancel or re-open any Bid or Auction, and may void any sale, where it suspects error, fraud, manipulation, non-payment or breach of these Terms. The Company does not guarantee that any Item will meet its reserve or sell.
7. Winning, Payment and Formation of the Sale
When an Auction closes, a binding contract of sale is formed between the Buyer and the Seller for the Hammer Price. The Buyer authorises the Company to charge the Buyer’s designated payment method, through Stripe, for the Hammer Price together with any applicable shipping, handling, taxes, duties and fees. Any fees or charges payable by the Buyer are displayed before the Buyer confirms the purchase.
Non-payment. If a Buyer fails to complete payment when due, the Buyer is in material breach. The Company may (without limiting other remedies) charge or re-attempt the Buyer’s payment method, suspend or terminate the Buyer’s account, permit the Seller to re-offer the Item, and pursue the defaulting Buyer for the amount owed and all resulting costs.
8. Payments, Fees, Chargebacks and Payouts
Flow of funds. The Company owns the Stripe account through which all payments are processed. All auction proceeds are collected by the Company and disbursed to the Seller after deduction of the payment-processing fee, the Company’s commission and/or listing fee, and any separately agreed variable fee.
Payout timing and holdback. The Company will remit the net proceeds to the Seller within fifteen (15) business days after the Company receives cleared funds, less fees and any holdback or reserve. The Company may delay, withhold, or maintain a rolling reserve against any payout to cover actual or anticipated chargebacks, refunds, disputes, penalties or indemnities.
Chargebacks. Because bids and sales are binding, a Buyer agrees to contact the Company to resolve any concern before initiating a chargeback, and not to initiate any unwarranted or fraudulent chargeback. As merchant of record, the Company manages chargebacks with the processor. The Company may recover the full amount of any chargeback or reversal, together with related fees and costs, from the Buyer; and where the chargeback arises from the Item or the Seller’s acts or omissions (including authenticity, condition, description or non-delivery), the Company may set off or claw back that amount from the Seller. The Seller bears ultimate financial responsibility for chargebacks attributable to the Item.
Subscriptions and other fees. Subscription plans renew automatically until cancelled. A 48-hour money-back guarantee applies to a first subscription period but does not apply to two consecutive subscription periods. Annual plans may be refunded pro rata for whole unused months; monthly plans are non-refundable. A payment-handling and administration fee of up to 5% may be applied to cover payment processing and all related administrative handling, including where a third party pays on behalf of a user. Completed Item purchases are non-refundable except as required by non-waivable law or under the authenticity-challenge and buyer-dispute provisions of these Terms.
White-label deployments and individually agreed pricing. The Platform may be offered as a white-label or co-branded application operated for partners. For such deployments, fees, commissions, payout timing and other charges may be set individually by the Company in a separate written commercial, partner or white-label agreement, which prevails over the standard fee provisions of these Terms for the deployment it governs. Where no such agreement applies, the standard fees stated in these Terms apply.
9. Taxes
Prices may be shown exclusive or inclusive of applicable taxes, as indicated at checkout. Where the Company is required to collect and remit sales tax, value-added tax (VAT), goods-and-services or harmonised sales tax (GST/HST) or similar — including as a marketplace facilitator — it will do so and may add such taxes to the amount charged. Sellers are responsible for determining, charging where applicable, reporting and remitting their own taxes on sales, and for providing accurate tax information. The Company may prepare, issue or file tax forms and information returns relating to a Seller’s activity as required by law, and the Seller authorises it to do so. Buyers are responsible for any import duties, VAT or other charges levied on delivery.
10. Shipping, Delivery, Title and Risk of Loss
Shipment by Seller. Unless otherwise stated in the Listing, the Seller ships the Item directly to the Buyer within seven (7) days after the Company transfers the corresponding funds to the Seller, using a tracked and adequately insured method, and is responsible for proper packaging.
Title and risk. Save where mandatory consumer law provides otherwise, title and risk of loss pass to the Buyer when the Seller delivers the Item to the carrier (FOB origin). Import duties, VAT and other taxes, where applicable, are the Buyer’s responsibility and may be levied by local authorities on delivery.
Company not the shipper. The Company does not ship Items and is not responsible or liable for any loss, theft, damage, delay, misdelivery, customs action, duty or tax arising in transit.
11. Authenticity Disputes and Post-Sale Challenge
Challenge window. A Buyer who believes, on reasonable grounds, that an Item is not authentic or is materially not as described must notify the Company in writing within seven (7) days of delivery, accompanied by supporting evidence (such as a qualified independent expert opinion).
Holdback during challenge. Upon a bona fide challenge, the Company may withhold, delay or reverse the corresponding payout from the Seller’s funds, holdback or reserve pending resolution.
Exclusive remedy. Where a challenge is substantiated, the Buyer’s sole and exclusive remedy is rescission of the sale and refund of the Hammer Price (and, where applicable, shipping) funded from the Seller’s proceeds, against return of the Item to the Seller. The Company’s role is limited to facilitating the return of funds it actually holds, and the Company’s maximum exposure in respect of any Item shall in no event exceed the amount it actually holds for that transaction.
Subjectivity of opinions. The Buyer acknowledges that authentication is inherently subjective; the Company is not an authenticator and is not liable for differing expert opinions. Subject to non-waivable law, sales are final after the challenge window closes.
12. Buyer Disputes: Non-Delivery and Items Not as Described
In addition to the authenticity-challenge process above, a Buyer who does not receive an Item, or who receives an Item that is materially not as described (other than authenticity, which is covered above), must notify the Company in writing within seven (7) days of the expected or actual delivery, with supporting evidence. Pending resolution, the Company may withhold, delay or reverse the corresponding payout from the Seller’s funds, holdback or reserve. Where the claim is substantiated, the Buyer’s remedy is — at the Company’s reasonable determination — redelivery, replacement, or rescission and refund of the amount paid, funded from the Seller’s proceeds, against return of the Item where applicable. Buyers agree to use this process before initiating a chargeback. This Section does not limit the non-waivable rights of consumers under the EU/UK Consumer Addendum or applicable law.
13. Prohibited Conduct
You must not: engage in shill bidding, fraud, money laundering or any deceptive or manipulative practice; circumvent the Platform or the Company’s fees by transacting off-platform with a counterparty introduced through the Platform; list counterfeit, stolen or unlawfully held Items; infringe any intellectual-property, privacy or publicity right; use bots, scrapers or other automated means to access or extract data; or otherwise use the Platform in violation of these Terms or any applicable law.
14. Restricted Items and Authenticity Standards
Only sports memorabilia and related collectibles may be listed. A Seller must accurately disclose whether an Item is original, game-used, signed or a replica, and must hold and, on request, produce any certificate of authenticity or provenance relied upon. Counterfeit Items, replicas presented as genuine, stolen or unlawfully held Items, and Items whose sale or export is restricted by law (including certain protected materials) are prohibited. Listings must comply with the Restricted Items & Authenticity Policy, which forms part of these Terms and which the Company may update from time to time.
15. Intellectual Property
The Platform and all software, design, text, graphics, and the “SportsBid” and “BESTONLINEAUCTION” names, logos and marks, and all related intellectual property, are owned by or licensed to the Company and are protected by law. No rights are granted except as expressly set out in these Terms.
User Content licence. By submitting Content, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to host, store, use, reproduce, modify, adapt, publish, translate, publicly display, publicly perform and distribute that Content for the operation, promotion and improvement of the Platform. This licence survives termination. You represent that you hold all rights necessary to grant it.
16. Intellectual-Property Complaints and Takedown
If you believe content or a Listing on the Platform infringes your intellectual-property rights, you may submit a notice to info@bestauction.com identifying yourself, the right concerned and the allegedly infringing material, with a good-faith statement and your contact details. The Company may remove or disable access to the material, notify the affected user, accept counter-notices, and suspend or terminate the accounts of repeat infringers. Further details are set out in the Intellectual-Property Policy, which forms part of these Terms.
17. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, THE SERVICES AND ALL ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF AUTHENTICITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY ITEM OR ANY SELLER OR BUYER.
The Company may modify, suspend or discontinue all or part of the Platform, including any feature, Listing category or Auction, at any time, with or without notice, and is not liable to you for doing so.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY ITEM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) CAD $100, OR (B) THE TOTAL FEES YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND, IN RESPECT OF ANY SINGLE TRANSACTION, WILL NEVER EXCEED THE AMOUNT THE COMPANY ACTUALLY HOLDS FOR THAT TRANSACTION. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Time Limit for Claims
To the extent permitted by law, any claim or cause of action arising out of or relating to the Platform or these Terms must be commenced within twelve (12) months after the claim arose; otherwise it is permanently barred. This Section does not apply where a longer period is required by non-waivable law, including for certain consumers.
20. Indemnification by Users
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees and agents from and against any claim, loss, liability, cost or expense (including reasonable legal fees) arising out of or relating to your use of the Platform, your Content, any Item you list or purchase, your breach of these Terms, or your violation of any law or third-party right.
21. Suspension and Termination
The Company may suspend, restrict or terminate your access to the Platform at any time, with or without notice, including for breach of these Terms, suspected fraud, chargeback abuse, or risk to the Platform or other users. Provisions which by their nature should survive — including those on sale obligations, payment, chargebacks and clawback, indemnity, disclaimers, limitation of liability, intellectual property and dispute resolution — survive termination.
22. Privacy and Data Protection
The Company processes personal information in accordance with its Privacy Policy, which forms part of these Terms. As a Canadian operator, the Company is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). Where the Platform is offered to users located in other jurisdictions, including the European Union/EEA and the United Kingdom, additional data-protection laws (including the GDPR/UK GDPR) may apply; the Privacy Policy addresses the applicable legal bases and data-subject rights.
23. International Users; Compliance and Sanctions
You are responsible for compliance with the laws applicable in your location. You represent that you are not located in, and are not a national or resident of, any jurisdiction subject to comprehensive sanctions or embargo, and that you are not on any restricted-party list. You agree to comply with all applicable export-control and sanctions laws.
24. Electronic Communications and Signatures
You consent to receive communications from the Company electronically, including by email and by notices posted on the Platform, and you agree that electronic communications, records and signatures satisfy any legal requirement that such communications be in writing. Notices to you are deemed given when sent to your registered email address or posted on the Platform; notices to the Company must be sent to the contact details below.
25. Dispute Resolution and Jurisdiction
Informal resolution. Before commencing any proceeding, you agree to contact the Company using the contact details below and to attempt in good faith to resolve the dispute.
Exclusive jurisdiction. Subject to the carve-outs below, any dispute arising out of or relating to these Terms or the Platform that is not resolved informally shall be brought exclusively in the courts of the Province of Ontario, Canada, sitting in the City of Toronto. Each party irrevocably submits to the exclusive jurisdiction of those courts and waives any objection to venue or forum, including on grounds of forum non conveniens.
Carve-outs. Either party may bring a claim in the Small Claims Court of Ontario where the claim is within its monetary jurisdiction, and either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or restrain unauthorised access. Nothing in this Section deprives a consumer of any right to rely on the mandatory law of their country of residence, or to bring or defend proceedings in their local courts, where such rights cannot lawfully be waived.
26. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles, save that, in respect of a consumer, the mandatory consumer-protection laws of the consumer’s country of residence continue to apply to the extent they cannot be excluded by agreement.
27. Changes to These Terms
The Company may update these Terms from time to time. Material changes will be notified by posting the updated Terms on the Platform with a revised effective date or by other reasonable means. Your continued use of the Platform after the changes take effect constitutes acceptance.
28. General
These Terms, together with the Privacy Policy and any seller proposal or order confirmation, constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force. No failure to enforce any provision is a waiver. The Company may assign these Terms (including to an affiliate or successor); you may not assign without the Company’s consent. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to the Company must be sent to the address below. The English-language version of these Terms controls.
29. Contact
BESTONLINEAUCTION Inc.
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7, Canada
Email: info@bestauction.com
The SportsBid Platform is owned and operated by this entity. Notices under these Terms must be sent to the address or email above.
Part 2
SPORTSBID — EU/UK CONSUMER ADDENDUM
(Supplement to the SportsBid Terms & Condition)
This Addendum supplements the SportsBid Terms & Conditions (the “Terms”) for users who are consumers resident in the European Union / EEA or the United Kingdom (“you”). A “consumer” is a natural person acting wholly or mainly outside their trade, business, craft or profession. Where this Addendum conflicts with the Terms, this Addendum prevails for such consumers; in all other respects the Terms continue to apply.
Your mandatory statutory rights are not affected. Nothing in the Terms or this Addendum removes or limits rights that the law of your country of residence gives you and that cannot be waived by agreement.
1. Who you contract with
Platform operator and intermediary. BESTONLINEAUCTION Inc. operates SportsBid as an intermediary venue and as merchant of record for payment. It is not the seller of any item.
The Seller. The contract of sale is between you and the Seller identified in the Listing. Where the Seller acts in the course of a business (a “trader”), you have the statutory consumer rights set out below against that Seller. Where the Seller is a private individual (a consumer-to-consumer sale), statutory consumer-sales rights may not apply, but the item must still match its description, and the Platform’s anti-fraud and authenticity-challenge processes still apply.
Disclosure. The Company will disclose the Seller’s identity and contact details where needed for you to exercise your rights.
2. Pre-contract information
In accordance with the EU Consumer Rights Directive 2011/83/EU and, for UK consumers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you are provided before you are bound with: the main characteristics of the item (in the Listing); the total price including taxes and, where applicable, delivery and other charges; payment, delivery and performance arrangements; the identity and geographic address of the Company and of the Seller; complaint-handling details; and a reminder of the legal guarantee of conformity for goods.
3. Right of withdrawal (14 days)
General right. For distance contracts, EU/UK consumers generally have 14 days to withdraw without giving any reason.
Public-auction position. The statutory withdrawal right does not apply to contracts concluded at a “public auction” as defined in the CRD (a competitive bidding procedure at which consumers attend or may attend in person). SportsBid auctions are conducted online without in-person attendance and so will, in many cases, not qualify as a “public auction.” The Company therefore adopts the consumer-protective position and grants EU/UK consumers buying from trader-Sellers the 14-day withdrawal right, except where a statutory exemption applies (for example, goods made to your specifications or clearly personalised).
How to withdraw. Notify the Company within 14 days of receiving the item, using the model form in the Annex or any other clear statement. Return the item within 14 days of giving notice; unless stated otherwise in the Listing, you bear the direct cost of return. We will refund all payments received (including standard delivery) within 14 days, by the original payment method; we may withhold the refund until the item is returned or you provide proof of return.
Relationship to authenticity challenge. This withdrawal right is in addition to, and separate from, the 7-day authenticity challenge in the Terms. You may rely on whichever applies.
4. Legal guarantee of conformity
Where the Seller is a trader, the item must conform to the contract — it must match its description, be of satisfactory quality and be fit for its purpose — under Directive (EU) 2019/771 (EU) and the Consumer Rights Act 2015 (UK). If an item is not as described or is not authentic, you are entitled to remedies, which may include repair or replacement and, where appropriate, a price reduction or refund. The EU conformity period is at least two years; UK law additionally gives a 30-day short-term right to reject. These rights are exercised against the Seller, and the Company will facilitate their exercise, including through the holdback and challenge process in the Terms.
5. Price, delivery and risk
Price and taxes. Prices include applicable taxes. Delivery charges and, for international delivery, possible import duties/VAT are shown or flagged before you confirm your order.
Delivery time. Unless agreed otherwise, the item will be delivered without undue delay and no later than 30 days after the contract is concluded.
Passing of risk. For EU/UK consumers, risk of loss of or damage to the item passes to you only when you (or a third party you nominate, other than a carrier proposed by the Company or Seller) take physical possession of the item. This overrides the FOB-origin rule in the Terms in respect of consumers.
6. Liability
Nothing in the Terms excludes or limits the liability of the Company or a trader-Seller where it would be unlawful to do so — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under non-excludable consumer law. The monetary liability cap in the Terms does not apply to your non-excludable statutory rights.
7. Complaints and dispute resolution
First contact. Please contact info@bestauction.com. We aim to acknowledge complaints within [●] business days and to resolve them within [●] days.
Alternative dispute resolution (ADR). You may refer an unresolved dispute to a certified ADR body in your country of residence. Note that the European Commission’s online dispute resolution (ODR) platform ceased operation in July 2025, so it is no longer available.
Your courts. Your right to bring proceedings before the courts of your country of residence is preserved, as set out in Section 8.
8. Governing law and courts for consumers
The choice of Ontario law and the Ontario courts in the Terms does not deprive you of the protection afforded by the mandatory consumer law of your country of residence, nor of your right to bring proceedings in the courts of your country of residence, in each case to the extent guaranteed by applicable EU/UK law.
9. Precedence
For EU/UK consumers, this Addendum prevails over any conflicting provision of the Terms. All other provisions of the Terms remain in full force and effect.
Annex — Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To: BESTONLINEAUCTION Inc., 333 Bay Street, Suite 3400, Toronto, ON M5H 2S7, Canada — info@bestauction.com.
I/We hereby give notice that I/We withdraw from my/our contract for the sale of the following item: ____________________.
Ordered on / received on: ____________________.
Name of consumer(s): ____________________.
Address of consumer(s): ____________________.
Signature (only if this form is on paper): ____________________. Date: ____________.
Part 3
SPORTSBID — PRIVACY POLICY
(EU GDPR & UK GDPR)
This Privacy Policy explains how BESTONLINEAUCTION Inc. (“we,” “us,” “our”) collects and processes personal data through the SportsBid platform and application. It forms part of the SportsBid Terms & Conditions. For individuals located in the EU/EEA and the United Kingdom, the EU General Data Protection Regulation (GDPR) and the UK GDPR apply.
1. Controller and contact
Data controller: BESTONLINEAUCTION Inc., 333 Bay Street, Suite 3400, Toronto, ON M5H 2S7, Canada. Email: info@bestauction.com.
2. Personal data we collect
Identity and account: name, email address, password, country.
Billing and transaction: billing address, bids placed, items bought or sold, and payout details.
Payment: payments are processed by Stripe; we receive transaction results and limited metadata and do not store full payment-card numbers.
Listings and content: descriptions, condition notes and images you submit.
Communications: messages, support tickets and chat.
Technical and usage: IP address, device and browser data, log data and cookie identifiers.
3. Purposes and legal bases (Art. 6 GDPR)
Provide the Platform — operate accounts, run auctions, process payments and facilitate delivery: performance of a contract (Art. 6(1)(b)).
Comply with law — tax, accounting, anti-money-laundering and similar duties: legal obligation (Art. 6(1)(c)).
Protect the Platform — prevent fraud and chargeback abuse, ensure security, administer and improve the service, and recover sums owed: legitimate interests (Art. 6(1)(f)).
Marketing to existing customers about similar services: legitimate interests, with an opt-out in every message.
Marketing to others and non-essential cookies — consent (Art. 6(1)(a)), which you may withdraw at any time.
4. Payment processing (Stripe)
Payment-card and related data are collected and processed by Stripe in its own PCI-DSS-compliant environment, under Stripe’s terms and privacy notice. We receive confirmation of the outcome and limited transaction metadata to operate payouts, refunds and chargebacks. As owner of the Stripe account used for the Platform, we act as merchant of record for payment.
5. Who we share data with
Counterparties to a sale: to complete a transaction we share the data needed to fulfil it — for example, a Buyer’s delivery name and address with the Seller, and relevant details with the Buyer.
Stripe and shipping carriers.
Service providers/processors (hosting, customer support, analytics) acting under data-processing agreements.
Authorities and advisers where legally required, and a successor entity in the event of a reorganisation or sale.
6. International transfers
We are based in Canada and process personal data there. Transfers from the EEA/UK to Canada rely on the European Commission’s adequacy decision for recipients subject to Canada’s PIPEDA (and the corresponding UK recognition) and/or on Standard Contractual Clauses with supplementary measures where required. You may request a copy of the relevant safeguards using the contact details above.
7. Retention
We keep personal data only as long as necessary for the purposes set out above and to meet legal requirements (for example, tax and accounting records, typically up to [●] years) and to handle disputes and chargebacks. When no longer required, data is deleted or anonymised.
8. Your rights
Subject to applicable law, you have the rights to access, rectification, erasure, restriction, data portability, and objection (including to direct marketing and to processing based on legitimate interests), and to withdraw consent at any time. To exercise these rights, email info@bestauction.com. You also have the right to lodge a complaint with a supervisory authority — in the UK, the Information Commissioner’s Office (ICO); in the EU, the data-protection authority of your country of residence.
9. Automated decision-making
We may use automated tools to screen transactions for fraud and chargeback risk. We do not take decisions producing legal or similarly significant effects on you solely by automated means without a lawful basis and appropriate safeguards. [Adjust to reflect actual practice.]
10. Cookies
We use strictly necessary cookies to operate the Platform and, with your consent, analytics and marketing cookies. You can manage your preferences through our cookie banner or Cookie Policy.
11. Children
The Platform is not directed to anyone under 18, and we do not knowingly collect or process the personal data of minors.
12. Security
We implement appropriate technical and organisational measures designed to protect personal data against unauthorised access, loss or misuse. No method of transmission or storage is completely secure, and we cannot guarantee absolute security.
13. Changes to this Policy
We may update this Policy from time to time and will post the updated version with a revised effective date.
14. Contact
BESTONLINEAUCTION Inc., 333 Bay Street, Suite 3400, Toronto, ON M5H 2S7, Canada — info@bestauction.com. EU and UK representatives as named in Section 1.
Part 4
COOKIE POLICY
This Cookie Policy explains how BESTONLINEAUCTION Inc. uses cookies and similar technologies on the SportsBid platform. It forms part of, and should be read with, the Privacy Policy and the Terms & Conditions.
1. What cookies are
Cookies are small text files placed on your device when you visit a website or use an application. Similar technologies include pixels, tags, software development kits and local storage. They help operate the service, remember preferences, and measure and improve performance.
2. Categories we use
Strictly necessary. Required to operate the Platform — for example sign-in, security, load balancing, and processing payments and bids. These cannot be switched off.
Functional / preferences. Remember your choices, such as language and display settings.
Analytics / performance. Help us understand how the Platform is used so we can improve it.
Marketing / advertising. Used, where applicable, to measure campaigns and show relevant messages.
3. Legal basis
Strictly necessary cookies are used on the basis of our legitimate interest in operating a secure, functioning service. Functional, analytics and marketing cookies are used only with your consent, which you may withdraw at any time. For EU/UK users, non-essential cookies are set only after you consent through our cookie banner.
4. Third-party cookies
Some cookies are set by third parties that provide services to us, including our payment processor (Stripe, for payment and fraud-prevention functions) and any analytics providers we use. Those parties process data under their own privacy notices.
5. Managing cookies
You can accept or reject non-essential cookies through our cookie banner and change your choices at any time. You can also control cookies through your browser settings; blocking some cookies may affect how the Platform works.
6. Duration
Cookies are either session cookies (deleted when you close your browser) or persistent cookies (remaining for a set period or until you delete them). Specific durations are shown in our cookie banner or preference centre.
7. Changes and contact
We may update this Cookie Policy from time to time and will post the updated version with a new effective date. Questions: info@bestauction.com — BESTONLINEAUCTION Inc., 333 Bay Street, Suite 3400, Toronto, ON M5H 2S7, Canada.
Part 5
DATA-PROCESSING ADDENDUM
This Data-Processing Addendum (“DPA”) supplements the White-Label & Partner Agreement and/or the Terms & Conditions (the “Principal Agreement”) between the Parties and governs the processing of personal data to which the EU GDPR or UK GDPR applies. Where it conflicts with the Principal Agreement on data protection, this DPA prevails.
1. Roles
In respect of personal data that BESTONLINEAUCTION Inc. (the “Company”) processes on behalf of and on the documented instructions of the other Party (the “Controller”) for the Branded Instance, the Company acts as processor. In respect of processing for which the Company determines the purposes and means — including payment processing as merchant of record, fraud and risk prevention, and compliance with its own legal, tax and accounting obligations — the Company acts as an independent controller. This DPA governs the processor processing; the Privacy Policy governs the Company’s controller processing.
2. Definitions
“Personal data,” “processing,” “controller,” “processor,” “data subject,” “personal data breach” and “supervisory authority” have the meanings given in the GDPR. “Sub-processor” means any processor engaged by the Company to process personal data under this DPA.
3. Processing on instructions
The Company shall process personal data only on the Controller’s documented instructions (including as set out in Annex 1), unless required by law, in which case it will inform the Controller unless legally prohibited. The Company shall inform the Controller if, in its opinion, an instruction infringes applicable data-protection law.
4. Confidentiality
The Company shall ensure that persons authorised to process the personal data are bound by appropriate confidentiality obligations.
5. Security
The Company shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking account of Article 32 GDPR, as described in Annex 3.
6. Sub-processors
The Controller gives general authorisation for the Company to engage sub-processors listed in Annex 2 and others notified to the Controller in advance, allowing the Controller a reasonable opportunity to object on reasonable data-protection grounds. The Company shall impose data-protection obligations on each sub-processor equivalent to those in this DPA and remains responsible for their performance.
7. Assistance to the Controller
Taking into account the nature of the processing, the Company shall assist the Controller by appropriate measures in responding to data-subject requests, and in ensuring compliance with the Controller’s obligations regarding security, breach notification, data-protection impact assessments and prior consultation (Articles 32–36 GDPR).
8. Personal data breach
The Company shall notify the Controller without undue delay after becoming aware of a personal data breach affecting the Controller’s personal data, and shall provide information reasonably available to assist the Controller’s own notification obligations.
9. Return or deletion
On termination of the processing, the Company shall, at the Controller’s choice, delete or return the personal data and delete existing copies, unless retention is required by law.
10. Audits and information
The Company shall make available information reasonably necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections, conducted by the Controller or an auditor it mandates, subject to reasonable notice, confidentiality and frequency limits.
11. International transfers
Where personal data is transferred outside the EEA/UK, the transfer shall be made under an adequacy decision (including for recipients subject to Canada’s PIPEDA), Standard Contractual Clauses with supplementary measures where required, or another valid transfer mechanism.
12. Liability and term
This DPA is subject to the limitations and exclusions of liability in the Principal Agreement. It takes effect on the effective date and continues for as long as the Company processes personal data on the Controller’s behalf.
Annex 1 — Details of the processing
Subject matter and duration: operation of the Branded Instance for the term of the Principal Agreement.
Nature and purpose: hosting and operating online auctions, account management, facilitating sales and delivery, support, and security.
Types of personal data: identity and contact details, account and billing data, transaction and bid data, communications, and technical/usage data.
Categories of data subjects: the Controller’s End Users (sellers and buyers) and their representatives.
Annex 2 — Approved sub-processors
Stripe — payment processing. [Insert entity and location.]
Hosting / cloud provider — [insert].
Support / analytics providers — [insert].
Annex 3 — Technical and organisational measures
Access controls and least-privilege; encryption in transit and, where appropriate, at rest; network and application security; logging and monitoring; secure development and change management; personnel confidentiality and training; backup and resilience; vendor/sub-processor due diligence; and incident-response procedures. [Tailor to your actual measures.]
Part 7
RESTRICTED ITEMS & AUTHENTICITY POLICY
This Policy forms part of the SportsBid Terms & Conditions and applies to every Seller and Listing. Capitalised terms have the meaning given in the Terms. The Company may update this Policy from time to time.
1. Permitted items
Only authentic sports memorabilia and related collectibles may be listed — for example signed or game-used apparel and equipment, trading cards, photographs, programmes, tickets and similar items connected with sport.
2. Authenticity and disclosure standards
Describe each Item accurately and state clearly whether it is original, game-used, signed/autographed, or a replica or reproduction.
Do not present a replica, reproduction or unsigned item as genuine, game-used or signed.
Hold any certificate of authenticity (COA), letter of authenticity or provenance you rely on, disclose its source, and produce it to the Company or the Buyer on request.
Disclose material condition issues, repairs, restoration and known defects.
3. Prohibited items and listings
Counterfeit, forged or pirated items, and replicas or reproductions presented as genuine.
Stolen, misappropriated or unlawfully held items, or items you do not have the right to sell.
Items that infringe a third party’s intellectual-property, image or publicity rights.
Items containing protected or regulated materials (for example certain animal-derived materials such as ivory), or whose sale, possession or export requires a licence you do not hold.
Any item whose sale, transfer or export is prohibited or restricted by applicable law or sanctions.
4. Seller obligations and records
Sellers must keep reasonable records of acquisition, authenticity and provenance and provide them to the Company on request. The Company may require additional evidence before or after a sale.
5. Enforcement
The Company may decline, edit or remove any Listing, cancel or void any Auction or sale, withhold or reverse payouts, suspend or terminate accounts, and report unlawful activity to the authorities, where it reasonably believes this Policy or the law has been breached. These remedies are in addition to those in the Terms, including the authenticity-challenge and buyer-dispute processes.
Part 8
INTELLECTUAL-PROPERTY POLICY
(Notice & Takedown)
This Policy forms part of the SportsBid Terms & Conditions and explains how to report content or Listings that infringe intellectual-property rights and how the Company responds. The Company may update this Policy from time to time.
1. Reporting an infringement
If you are a rights-holder or authorised agent and believe content or a Listing on the Platform infringes your rights, send a written notice to info@bestauction.com that includes:
your name, organisation and contact details, and the capacity in which you act;
identification of the right you rely on (for example a trademark registration, copyright work, or image/publicity right);
identification of the allegedly infringing material, including the Listing reference or URL, sufficient to locate it;
a statement that you have a good-faith belief the use is not authorised by the rights-holder, its agent or the law; and
a statement that the information in your notice is accurate, and confirmation of your authority to act.
2. Our response
On receipt of a valid notice the Company may remove or disable access to the material, notify the affected user of the complaint, and record the matter. The Company may decline to act on notices that are incomplete, abusive or manifestly unfounded.
3. Counter-notice
A user whose material has been removed may submit a counter-notice to info@bestauction.com identifying the material, explaining why it is not infringing (for example a licence, authorisation, or lawful resale), and providing their contact details and a statement of accuracy. The Company may, at its discretion and where lawful, restore the material.
4. Repeat infringers
The Company will, in appropriate circumstances, suspend or terminate the accounts of users who repeatedly infringe, and may retain related records.
5. Misuse of this process
Submitting a materially false or bad-faith notice or counter-notice is a breach of the Terms and may give rise to liability. The Company is not a court and does not adjudicate ownership; unresolved disputes are a matter between the parties and, where necessary, the competent courts.