Terms & Conditions - Smith Auction Services

REGISTRATION. All online bidders must submit a registration to bid application and receive a permanent bidder number from Smith Auction before actual bidding can begin. BEFORE submitting a registration request you will need to set smithauctionservices@gmail.com as an approved email sender in order to receive required email notices. Once you complete the registration form, Smith Auction will return by email your bidder number. Passwords must contain at least 8 characters. Bidder numbers will be generated by the website. By becoming a bidder with Smith Auction you give Smith Auction express permission to send updates and notifications of current and upcoming auction information via email and text message to the contact information provided within the account. To update your profile data, once logged in, click on Account Profile and update any of your information.
RULES. All items are sold as-is where-is with no warranty or guarantee implied or intended by the seller or the auctioneer. Loading assistance is NOT usually available unless otherwise stated. All sales are final and the bidder is responsible for knowing which item he is bidding on. Smith Auction recommends all bidders make every effort to confirm information from the item full description page, confirmation with the seller, and physical inspection as to the usability and condition of every item they bid on. Bidder is completing a legal binding contract when placing a bid on any item, that you agree to these Terms and Conditions, that the bid placed is correct and the bidder will complete the contract by paying for the item bid on as well as picking up the item per these Terms and Conditions. Once the item is declared sold, it becomes the responsibility of the buyer with all liabilities attached thereto. Should there be a major conflict as to the item description and what is being picked up, contact Smith Auction before removal of the item.
BIDDING. The interactive bidding format will allow bidding by set increments by default or you can place a maximum bid. All bidding for online auction items begin closing at the time listed, on the closing day listed for the item. Smith Auction's item closings are dynamic, therefore, should a bid be placed on any item within the last 60 seconds of closing, bidding will be extended for an additional 1 minute until all bidding has ceased. Users acknowledge that Smith Auction's online auction service may or may not function as designed for reasons beyond our control. Under no circumstances will bidder or seller have any claim against Smith Auction, SWICO Software Solutions (website designer), host or anyone else if any Internet service is interrupted for any reason causing any problems with the ability to bid or place items for sale. Smith Auctions will not be responsible for any missed bids! DO NOT BID if you do not intend on purchasing the item(s).
WINNING BIDDER will be charged an automatic 5% buyers premium as well as state sales tax (unless sales tax certificate has been received). Email or download a copy of your certificate PRIOR to bidding on items.
PAYMENT. Acceptable payment is by Visa, MasterCard, and Discover credit cards and debit cards. In certain instances, alternative pay will be accepted. Invoices will be processed immediately after the last item for the day has closed. A BUYERS PREMIUM will be added to each purchase as noted on each item description. All purchases are due and payable in US funds. A declined payment notice will be attached to any invoice where the card was declined. If a change of credit card is required, a buyer can update their card information thru your profile and then go to your invoice and charge your credit card again.
INVOICES. Included in all paid invoices will be a contact for scheduling pickup with the seller. Buyers MUST pay for their items online at the Smith Auction Services website. Buyers MUST pay before item can be picked up. Buyers MUST present an invoice as proof of purchase when picking up their purchases from the seller! All of a buyer's invoices can be found by clicking on the Invoices button in the top menu bar.
PICK UP. All items must be removed by noon on the 5th day after the invoice date unless other "written" arrangements are made with the seller during this time frame. If items are not removed and no contact has been made, the item will be considered abandoned. The seller is then able to list the item again or dispose of the item as desired. All items not picked up will be considered abandoned and property and disposed of by the seller, with no refunds! ***EXCEPTION**** LIVE ANIMALS MUST BE PICKED UP THE FOLLOWING DAY AFTER PURCHASE (or other arrangements must be made).
TITLES. Vehicle title papers will be issued by the seller at the time of pickup, to the buyer as shown on the invoice unless the seller is notified of a change at the time of scheduling the pickup. No "OPEN" titles will be issued per State law. Odometer readings are not guaranteed to be actual unless so indicated.
FIREARMS. Gun and ammo buyers MUST be a resident of Texas, and 21 years of age or older for long guns, or 21 years of age or older for handguns. A Texas Photo Identification is required at pick up. All firearms MUST be picked up in person by the buyer per Federal law! We will NOT ship firearms.
Anyone who fails to complete any transaction associated with any bids placed with Smith Auction will be removed from the bidder list and barred from attending any Smith Auction on-site or on-line auction! Any legal action arising from transactions related to any auction conducted by Smith Auction will be conducted in Lampasas County, Texas, USA and under the current laws of the State of Texas, USA. All operations of this web page are based in Texas and operated under the current laws of Texas, regardless of user or operator computer location.
These Terms and Conditions are subject to change at any time and Smith Auction recommends that they are reviewed periodically to keep up to date on any changes. When placing any bid we remind you to review these terms.
Smith Auction is licensed by the Texas Department of License and Regulation (TDLR#10319), www.tdlr.texas.gov, PO Box 12157, Austin, Texas 78711, 512-463-5522. Any complaints or compliments can be turned into the Department for resolution if not properly resolved by Smith Auction personnel.

RETURN POLICY:

The merchandise we sell is sold AS IS, WHERE IS, unless otherwise stated. We cannot offer you a refund, exchange or credit. All merchandise must be checked BEFORE it leaves the premises. When you pick up the merchandise from the seller, and there is something wrong with the merchandise that was not noted in the sellers description, DO NOT remove the merchandise and contact Smith Auction Services immediately to resolve the issue. Again, we always try to list the imperfections and damage (if any). Be aware that some of the merchandise sold is NOT new, but used and will probably have minor flaws and should be noted as so in the description. However, It is in your favor to inspect the merchandise beforehand and if there are any questions about the quality, size, age, etc., message the seller BEFORE the auction closes. DO NOT wait until the last few hours to contact the seller, it will not be possible. Once it is closed, it is SOLD and becomes YOUR responsibility.

ALL SALES ARE FINAL AND NO REFUNDS WILL BE GIVEN

Effective date: November 1, 2020

Smith Auction Services ("us", "we", or "our") operates the www.smithauctionservices website (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.smithauctionservices

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies are small files stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to: · Address/Email address · Phone Number

We may use your Personal Data to contact you with information about upcoming auctions and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We do not track usage data.

Tracking Cookies Data

We do not use cookies and similar tracking technologies to track the activity on our Service.

· Security Cookies. We use Security Cookies for security purposes.

Use of Data

Smith Auction Services uses the collected data for various purposes:

· To provide and maintain our Service

· To notify you about changes to our Service

· To allow you to participate in interactive features of our Service when you choose to do so

· To provide customer support

· To detect, prevent and address technical issues

· To provide you with general information about other goods, services and events which we offer that are like those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Smith Auction Services may process your Personal Data because:

· We need to perform a contract with you

· You have permitted us to do so

· The processing is in our legitimate interests and it is not overridden by your rights

· To comply with the law

Retention of Data

Smith Auction Services will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Smith Auction Services will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a short period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Smith Auction Services will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Legal Requirements

Smith Auction Services may disclose your Personal Data in the good faith belief that such action is necessary to:

· To comply with a legal obligation

· To protect and defend the rights or property of Smith Auction Services

· To prevent or investigate possible wrong doing in connection with the Service

· To protect the personal safety of users of the Service or the public

· To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Smith Auction Services aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

· The right to access, update, or delete the information we have on you. Whenever made possible, you can access, update, or request the deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

· The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

· The right to object. You have the right to object to our processing of your Personal Data.

· The right of restriction. You have the right to request that we restrict the processing of your personal information.

· The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable, and commonly used format.

· The right to withdraw consent. You also have the right to withdraw your consent at any time where Smith Auction Services relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We will not use third-party Service Providers to monitor and analyze the use of our Service.

Links to Other Sites

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, please contact us:

Smith Auction Services

smithauctionservices@gmail.com

business phone: 512-734-2293