Terms of Use

These Terms and Conditions apply to anyone who accesses the "My Account" section of the www.encanpaquette.com website which allows potential buyers ("Buyer") to bid on goods posted by Paquette & Associés, Huissiers de justice, s.e.n.c.r.l. ("Paquette") on behalf of creditors.

The Terms and Conditions may be modified at any time by Paquette and it is the Buyer's responsibility to continuously check for changes on the auction website www.encanpaquette.com.

To access the auction, the Buyer must have duly completed and signed the Account Opening Form and acceptance of terms and conditions and submitted it to Paquette. A fee of $50 applies for registration and account creation. These fees cover the administrative costs associated with verifying and setting up the user account. Paquette reserves the right to refuse access to a Buyer and may, without prior notice and without incurring any liability, revoke access already granted. Please note that these fees are non-refundable, even in the event of subsequent cancellation of your account.

These terms are governed and interpreted in accordance with the laws applicable in the province of Quebec. The parties agree to submit to the jurisdiction of the competent court sitting in the judicial district of Montreal, province of Quebec, with respect to any dispute relating to www.encanpaquette.com

Each week (normally on Fridays), the Buyer will receive by email the list of goods that will be sold at the next sale (normally on Mondays) and the date and time when the goods will be sold on the website www.encanpaquette.com.

To participate in the auction, the Buyer must log in to the "My Account" section using a username and password provided by Paquette. Any bid placed on a good is irrevocable and commits the Buyer with respect to that good in the event of a winning bid at the end of the auction.

Each item for sale is accompanied by a detailed description including: several photos, a statement of the condition of the item and the Carfax (when available). No guarantee is made regarding this information.

The item will be conditionally awarded to the Buyer who has made the highest bid at the end of the auction (subject to the condition mentioned in clause 10 below). We suggest you always refresh your page, as there may be several bids on the same item in a short time.

On the day of the sale, the approximate end time of the auction is 2:00 PM. The time is extended by two minutes when a potential buyer bids on the item.

The fact that a Buyer has made the highest bid on a good at the end of the auction does not confer any right to that good. Following the auction, the winner of a good must wait for written confirmation from Paquette of the acceptance of their offer which will be communicated to the Buyer in accordance with clause 11 below. Before accepting a Buyer's offer, Paquette must obtain the approval of the creditor of the good who is not obligated to accept any offer. Thus, Paquette reserves the right to refuse a winning offer or cancel a sale at any time, without reason and at its sole discretion. In such an event, the Buyer has no recourse against Paquette or the creditor of the good.

When the sale of a good is approved by Paquette, a confirmation and/or a sales receipt will be sent to the buyer by email. Applicable taxes will be added to the sale price.

Once Paquette has confirmed the sale of a good to the Buyer, the Buyer must pay for the good sold, applicable sales taxes and the recovery fee of $375.00 plus taxes (including Carfax) and take possession of the good at their expense within 48 hours of confirmation. After this period, Paquette may consider the sale null and void and the buyer will be responsible for storage fees and the difference between the sale price agreed with the Buyer and the price that will be paid by a subsequent buyer.

Sales made at auction are made without warranty, at the buyer's own risk and are non-arbitrable.

Paquette will assume the risks related to the good until it is sold. Once the buyer's offer is accepted and confirmed by Paquette, the Buyer will assume responsibility.

The Buyer accepts and acknowledges that Paquette cannot be held liable for direct or indirect damages arising from the sale, transportation, storage or operation of a good purchased at a sale, including loss due to or caused by a cancelled sale or administrative errors.

All liens on the property will be discharged following the sale.