Terms of Use
Effective Date: 2/24/26 | Last Updated: 3/28/26
Welcome to Bird's Nest Auctions! We're so glad you're here. Before you start bidding, please take a few minutes to read through these Terms of Use — they explain how our online auctions work, what we expect from bidders, and how we handle payments, pickups, and disputes. By registering for an account or placing a bid on our website, you're agreeing to everything in this section, so it's worth a quick read.
If you ever have questions, our team is happy to help. You can reach us at help@birdsnestauctions.com or 603-556-8295.
1. About Us
Bird's Nest Auctions is an estate liquidation company based in Southern New Hampshire. We hold online auctions on behalf of estate owners, helping families and individuals sell personal property. Our auctions are open to registered bidders in our service area and beyond (we ship!), and all items are sold as described.
2. Bidder Registration & Eligibility
Who Can Register
To register as a bidder, you must:
- Be at least 18 years old
- Provide a valid name, email address, phone number, and a credit card for bidding when you're ready for that step
- Agree to these Terms of Use
- Be able to pick up items in person, arrange pickup through someone you authorize, or utilize our shipping or transfer services (for eligible items)
We reserve the right to decline or revoke registration for anyone who violates these terms, fails to pay for items, or causes problems at a pickup.
Your Account
You are responsible for keeping your account information accurate and your login credentials secure. Don't share your account with others — all bids placed through your account are your responsibility, even if someone else placed them. If you think your account has been compromised, contact us right away.
Bidder Conduct
We expect all bidders to participate in good faith. Bid manipulation, shill bidding, or deliberately disrupting auctions is grounds for immediate account suspension and may result in legal action.
3. How Our Auctions Work
Our online auctions are timed events — each auction has a start and end time posted on the listing. When you place a bid, you're making a binding commitment to purchase the item if you win.
We use an auto-extend feature, which means if a bid is placed in the last few minutes of an auction, the closing time will extend by a few minutes to give other bidders a fair chance to respond. This prevents last-second sniping and keeps things fair for everyone.
All item descriptions are written to the best of our ability based on visual inspection. We are not appraisers or experts in every category. We encourage you to review all photos carefully before bidding, and to ask questions before the auction closes. We do permit returns of non-working items within 4 days of the pickup date. Please contact us directly if you purchase something that does not work (we test what we are able, but otherwise rely on our sellers to let us know if something is not functional).
4. Buyer's Premium & Payment
Buyer's Premium
All winning bids are subject to a buyer's premium. The buyer's premium starts at 18% of your final bid price and is added to your total at checkout. For example, if you win an item with a final bid of $100, your total will be $118 before any applicable tax (no sales tax in New Hampshire).
The buyer's premium is non-negotiable and applies to all purchases. The buyer's premium scales down for items over certain dollar amounts as follows:
| $1 – $500 |
18% |
| $501 – $1,000 |
12% |
| $1,001 – $5,000 |
10% |
| $5,001 and up |
8% |
Payment Terms
Payment is processed the same evening the auction closes. We accept credit card (Visa, Mastercard, Discover, American Express). If you are having any issues with your credit card, we also accept Venmo.
Sales Tax
Sales tax will be collected as required by Massachusetts law. There is no sales tax in New Hampshire. While we are not frequently in Maine, any Maine auctions would also be subject to sales tax. Eligible businesses may submit a reseller permit.
Invoices
A payment invoice will be sent to the email address on file after the auction closes. Please review it carefully and contact us immediately if you believe there's an error.
5. Item Pickup & Removal
Pickup Schedule
All items must be picked up during our scheduled pickup window, which is posted on every auction listing. Pickups are typically 2–3 days after the auction closes. The pickup location (usually the estate property) will be provided in your invoice and confirmation email.
Your Responsibility at Pickup
You are responsible for bringing adequate help, packing materials, and transportation to safely remove your items. Our staff is not responsible for loading, disassembling furniture, or helping move heavy items. Large or fragile items are your responsibility once you take possession.
Late Pickup & Abandoned Items
If you do not pick up your items during the designated window, your items may be considered abandoned. Forfeited items are returned to the seller, and no refund will be issued.
We understand that emergencies happen. If you anticipate a problem with pickup, contact us before the pickup window closes. We'll do our best to work with you, but we cannot guarantee accommodations.
Authorized Pickup Agents
If you cannot pick up your items yourself, you may send someone on your behalf. Bird's Nest Auctions is not responsible for items released to an authorized agent.
6. Refund Policy
We make every effort to accurately describe and photograph items, but we cannot guarantee the condition, authenticity, functionality, or completeness of any item.
By placing a bid, you acknowledge that you have reviewed all available photos and descriptions and are satisfied with the information provided. We strongly encourage asking questions before bidding.
We do not issue refunds for:
- Missing pieces or parts that were not described as present
- Items damaged during your removal or transport
- Change of mind after winning
In the event that an item was materially misdescribed (e.g., a piece described as silver that is clearly not), or if you receive an item and find it does not work and was not listed as "for repair" or "parts only," please contact us within 4 days of pickup and we will review the situation on a case-by-case basis.
7. Disputes & Liability
Dispute Resolution
If you have a concern about your purchase, please reach out to us first. We're a small, locally-owned business and we genuinely want to make things right when something goes wrong. Contact us at help@birdsnestauctions.com within 4 days of your pickup and describe the issue.
If we're unable to resolve a dispute informally, both parties agree to attempt mediation before pursuing any legal action. Any legal proceedings will be governed by the laws of the State of New Hampshire and held in Rockingham County.
Limitation of Liability
Bird's Nest Auctions acts as an agent for estate sellers. We are not the owner of the items we sell and make no guarantees about their origin, title, or condition beyond what is stated in the listing.
To the fullest extent permitted by law, Bird's Nest Auctions' liability to any bidder shall not exceed the amount paid for the disputed item(s). We are not responsible for indirect, incidental, or consequential damages of any kind.
Property Conditions
Pickups take place at private estates, which may have uneven terrain, stairs, or other physical hazards. You enter the pickup property at your own risk. Bird's Nest Auctions is not responsible for personal injury or property damage that occurs during pickup.
8. Non-Payment & Account Suspension
Failure to pay for winning bids is taken seriously. If you win an item and do not pay within the required window, we may:
- Charge the credit card on file
- Suspend or permanently ban your account
Bidders with repeated non-payment issues will be permanently banned from bidding with Bird's Nest Auctions.
9. Privacy & Your Information
When you register with us, we collect information such as your name, email address, phone number, and payment information. We use this information to manage your account, process payments, communicate about auctions, and send occasional newsletters or promotional emails.
We do not sell your personal information to third parties. For more details on how we handle your data, please see our Privacy Policy.
By registering, you agree to receive transactional emails related to your account and bids. You may opt out of marketing emails at any time by clicking unsubscribe.
10. Changes to These Terms
We may update these Terms of Use from time to time. When we do, we'll post the revised version on our website and update the date at the top. If you have an active account, we may also notify you by email. Continued use of our website after changes are posted means you've accepted the updated terms.
11. Contact Us
Have questions about these terms or anything else? We'd love to hear from you.
Bird's Nest Auctions
8 E Broadway
Derry, NH 03038
Phone: 603-556-8295 (call or text)
Email: help@birdsnestauctions.com
Website: www.birdsnestauctions.com
Thank you for bidding with Bird's Nest Auctions. We're grateful for your support!
