Terms of Service

Last updated: February 25, 2026

1. Acceptance of Terms

By accessing or using biddingfever.ca ("the Platform"), operated by Bidding Fever Inc. ("Bidding Fever", "we", "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Platform. These Terms are governed by the laws of Canada and the province in which you reside.

2. Definitions

  • "Platform" means the website at biddingfever.ca and all associated services.
  • "Buyer" means any registered user who places bids or purchases items.
  • "Seller" means any approved auction house or business listing items for sale.
  • "Lot" means an individual item or group of items listed for auction.
  • "Bid" means a monetary offer placed by a Buyer on a Lot.
  • "Buyer's Premium" means the percentage fee added to the winning bid, set by the Seller.
  • "CAD" means Canadian dollars.

3. Eligibility & Accounts

  • You must be at least 18 years of age (or the age of majority in your province) to create an account.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • One account per person. Multiple accounts may be suspended without notice.
  • You must provide accurate, current information. Fraudulent information may result in account termination.
  • Authentication is provided by Clerk. You are also subject to Clerk's terms of service.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

4. Buyers — Bidding Rules

  • Bids are binding. By placing a bid, you enter a legally binding commitment to purchase the item at your bid price if you are the winning bidder.
  • Buyer's premium. A buyer's premium (set by the seller) is added to the winning bid. The total cost, including premium and applicable taxes, is displayed before you bid.
  • Bid increments. Minimum bid increments are determined by the current bid price: $5 CAD under $100, $10 under $500, $25 under $1,000, $50 under $5,000, and $100 above $5,000.
  • Anti-snipe protection. If a bid is placed in the final minutes of an auction, the closing time may be extended automatically to allow fair competition.
  • Proxy bidding. You may set a maximum bid. The system will bid incrementally on your behalf up to your maximum.
  • No bid retraction. Bids cannot be retracted once placed except in exceptional circumstances and at our sole discretion.
  • Payment deadline. Winning bidders must pay within 48 hours of invoice generation. Failure to pay may result in account restrictions.

5. Sellers — Obligations

  • Accurate descriptions. Sellers must provide truthful, complete descriptions and photos of all lots.
  • Legal items only. Sellers may not list prohibited, stolen, counterfeit, or restricted items. Compliance with all applicable Canadian, provincial, and municipal laws is the seller's responsibility.
  • Tax compliance. Sellers are responsible for collecting and remitting applicable GST/HST and, where applicable, QST. Sellers must provide valid tax registration numbers.
  • Fulfillment. Sellers must ship or make items available for pickup within the timeframe specified in the auction listing.
  • Subscription fees. Sellers agree to pay the subscription fees and transaction fees associated with their chosen plan (Starter, Pro, or Enterprise).
  • Reserve prices. Sellers may set reserve prices. If the reserve is not met, the item is not sold.
  • Bill 96 compliance. Sellers listing items in Quebec must provide descriptions in French or in both French and English, in accordance with Quebec's Charter of the French Language (Bill 96).

6. Taxes (GST/HST/QST)

  • All prices on the Platform are in Canadian dollars (CAD) and do not include applicable taxes unless otherwise stated.
  • Goods and Services Tax (GST) at the federal rate applies to all taxable transactions.
  • Harmonized Sales Tax (HST) applies in participating provinces (Ontario, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island).
  • Quebec Sales Tax (QST) applies in addition to GST for transactions involving Quebec sellers or Quebec buyers.
  • Provincial Sales Tax (PST) may apply in British Columbia, Saskatchewan, and Manitoba.
  • Tax amounts are calculated and displayed at checkout based on the buyer's shipping address and the seller's tax registration.
  • Sellers registered for GST/HST/QST are responsible for remitting collected taxes to the relevant tax authority. The Platform facilitates tax calculation but does not guarantee accuracy — sellers remain solely responsible for their tax obligations.

7. Quebec Consumer Protection

If you are a consumer residing in Quebec, your rights under the Quebec Consumer Protection Act (CQLR c P-40.1) apply in addition to these Terms.

  • Cooling-off period. For purchases exceeding $50 CAD made by Quebec consumers via the Platform (an internet sale), you have the right to cancel the contract within 10 days of receiving the goods, in accordance with sections 54.4 to 54.16 of the Consumer Protection Act (Quebec). To exercise this right, notify the seller and Bidding Fever in writing within the 10-day period. The seller must refund all amounts paid, including shipping costs, within 15 days of cancellation.
  • Legal warranty. The legal warranty under Quebec law (warranty of quality, fitness, and durability) applies to goods purchased through the Platform by Quebec consumers. This warranty cannot be excluded or limited by contract.
  • Language rights. In accordance with Bill 96, all contracts and related documents with Quebec consumers are available in French.

Nothing in these Terms limits or excludes any rights you may have under the Consumer Protection Act (Quebec) or other applicable provincial consumer protection legislation.

8. Buyer Protection

Bidding Fever offers buyer protection under the following conditions:

  • Item received is significantly not as described in the listing.
  • Item was not received within the stated delivery window.
  • Item is counterfeit or materially misrepresented.

To file a claim, open a dispute within 14 days of receiving the item (or 30 days after auction close if item was not received). Claims are reviewed by our team. Resolution may include a full or partial refund. Buyer protection does not cover buyer's remorse, minor cosmetic differences, or items correctly described.

9. Dispute Resolution

Disputes between buyers and sellers are handled through our built-in dispute system:

  1. Buyer opens a dispute with evidence (photos, messages).
  2. Seller has 5 business days to respond.
  3. If unresolved, Bidding Fever reviews the case.
  4. A decision is issued, which may include refund, partial refund, or claim denial.

Both parties agree to accept the Platform's dispute resolution decision as final within the context of the Platform. This does not limit your legal rights, including your right to pursue remedies under provincial consumer protection legislation.

10. Payments & Fees

  • All payments are processed through Stripe. Bidding Fever is PCI SAQ-A compliant — we never store, process, or transmit payment card data on our servers.
  • Accepted payment methods: Visa, Mastercard, and American Express via Stripe.
  • All prices are in Canadian dollars (CAD).
  • Transaction fees are charged to sellers as a percentage of winning bids (varies by plan).
  • Seller subscription plans: Starter (free), Pro ($149/month CAD), Enterprise (custom pricing).
  • Refunds, when approved through dispute resolution, are processed within 5–10 business days.
  • Bidding Fever does not charge buyers any fees beyond the winning bid, buyer's premium, and applicable taxes.

11. Prohibited Conduct

Users may not:

  • Shill bid (bid on your own items or collude to inflate prices).
  • Use automated bots or scripts to place bids.
  • Circumvent anti-snipe protections or manipulate auction timing.
  • Harass, threaten, or abuse other users.
  • Post fraudulent listings or misrepresent items.
  • Attempt to complete transactions outside the Platform to avoid fees.
  • Access the Platform using unauthorized methods or reverse engineer our systems.

Violations may result in immediate suspension, account termination, and forfeiture of pending payouts.

12. Intellectual Property

All Platform content, design, logos, and trademarks are the property of Bidding Fever Inc. Sellers retain ownership of content they upload (photos, descriptions) but grant Bidding Fever a non-exclusive, royalty-free license to display and distribute that content on the Platform for the purposes of facilitating auctions.

13. Limitation of Liability

Bidding Fever acts as a marketplace connecting buyers and sellers. We are not a party to the sale transaction. To the maximum extent permitted by law, Bidding Fever shall not be liable for any indirect, incidental, special, or consequential damages arising from use of the Platform, including but not limited to lost profits, data loss, or business interruption. Our total liability shall not exceed the fees you paid to us in the 12 months preceding the claim.

This limitation does not apply where prohibited by law, including under Quebec's Consumer Protection Act.

14. Termination

You may close your account at any time via your profile settings or by contacting us. We may suspend or terminate your account for violations of these Terms. Outstanding obligations (unpaid invoices, active disputes) survive termination. Seller subscription fees are non-refundable for partial billing periods.

15. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email at least 30 days in advance. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by the federal laws of Canada (including PIPEDA, CASL, and the Competition Act) and the laws of the province in which you reside. For Quebec residents, the Quebec Consumer Protection Act, the Civil Code of Québec, the Charter of the French Language (Bill 96), and Quebec's Act respecting the protection of personal information in the private sector (Law 25) also apply.

Any disputes shall be resolved in the courts of the province where the defendant resides, or by mutual agreement through alternative dispute resolution.

17. Contact

For questions about these Terms:
Bidding Fever Inc.
Email: support@biddingfever.ca
Or use our contact form.