1) Agreement to Terms
By registering to bid, bidding, buying, paying an invoice, or picking up/shipping any item, you agree to these Terms & Conditions (“Terms”). If you do not agree, do not bid.
2) Registration, Capacity, and Account Security
By registering and bidding, you represent that you have the legal capacity to enter into this agreement and are authorized to use the payment method you provide. If you are bidding on behalf of a business or another person, you represent you have authority to bind that party.
You agree that all registration information is accurate and kept current.
You are responsible for all activity on your account (including bids placed by anyone using your login).
We may require identity verification at any time (government ID, matching name/address, or other reasonable checks).
3) Auction Format, Bidding Rules, and Finality
All bids are binding. If you place the winning bid, you are obligated to pay in full.
We may use bid increments, reserve prices, extended bidding, “soft close,” and/or tie-breaking rules as posted for each auction.
We may refuse bids, revoke bidding privileges, or cancel accounts for suspected fraud, nonpayment, or abuse.
4) Item Descriptions, Photos, and Inspection
Items are sold AS IS, WHERE IS, WITH ALL FAULTS, and may be overstock, returns, liquidation, shelf-pulls, open-box, used, or incomplete.
Descriptions and photos are provided for convenience and may not list every defect, missing part, or incompatibility.
Buyer is responsible for inspecting items (in person where offered) and for reading lot notes before bidding.
No guarantees on compatibility, completeness, authenticity, mileage/hours, or fitness for a particular purpose unless explicitly stated in writing on the invoice/lot.
5) Buyer’s Premium, Lot Fee, Taxes, and Other Fees
Buyer’s Premium: A 15% buyer’s premium applies to all lots unless otherwise stated for a specific auction or lot.
Lot Fee: A $2.00 per-lot charge applies unless otherwise stated for a specific auction or lot.
Taxes: Applicable sales tax will be charged unless valid exemption documentation is provided and accepted prior to payment.
Additional fees may include shipping, handling, or platform/payment fees where applicable and disclosed on the invoice.
6) Payment Terms and Card Authorization
Payment is due immediately upon invoice or by deadline stated on the invoice (whichever is earlier).
We may accept cash, card, Apple Pay, and other posted methods.
By providing a card or payment credential, you authorize us to charge the total invoice amount (including buyer’s premium, lot fee, taxes, shipping/handling if applicable, and any disclosed fees).
You authorize us to re-run a payment method for (a) remaining balances, (b) approved shipping charges, (c) reattempts after declines, and (d) amounts due under these Terms where permitted by law.
For shipped orders, we will charge postage plus handling after items are packed. A receipt will be emailed automatically and tracking will be available upon request. If payment fails, invoice must be resolved within 24 hours to avoid suspension.
Descriptor notice: charges may appear as [DESCRIPTOR NAME] on your statement.
7) Pickup, Shipping, Transfer of Risk, and Proof of Delivery
Local Pickup (Auction-Specific)
Buyer must pick up items strictly within the Pickup Parameters posted for that auction (dates/times/location rules) and/or stated on the invoice.
We may require appointment scheduling, invoice confirmation, and photo ID.
We may require a signature at pickup and may record pickup confirmation (photo/video/CCTV logs) where lawful.
Shipping (if offered/selected)
If shipping is offered/selected, buyer pays shipping/handling as invoiced.
Title and risk of loss transfer to buyer upon tender to the carrier (when the package is accepted/scanned by the carrier).
Carrier acceptance scans, tracking, and delivery confirmation constitute proof of shipment/delivery.
8) Returns, Refunds, and Adjustments
All sales are final. No returns or exchanges.
If we choose (at our sole discretion) to make an exception, any remedy may be limited to store credit or partial refund, and only if requested in writing within 48 hours of pickup/delivery with supporting photos/video.
No refunds for: buyer remorse, failure to inspect, minor cosmetic issues, missing accessories/manuals/packaging, or manufacturer warranty denials.
9) Communications Consent and Data Use
By accepting these Terms, you give TEX Auctions consent to contact you at the email address and/or phone number on file (including via SMS/text message) for the following purposes:
Winning bidder notifications
Upcoming auction notifications
24-hour closing notifications
Invoicing, pickup/shipping coordination, customer support, fraud prevention, and dispute-resolution communications
By participating in any TEX Auctions auction, you agree to these Terms and the use of your data as described in this section and in any posted privacy notice. Standard message and data rates may apply. You may opt out of promotional SMS messages by replying STOP (or using any opt-out method we provide). Transactional messages related to your purchases, invoices, pickup/shipping, and account security may still be sent where permitted by law.
10) Communication and Dispute Resolution Before Any Chargeback
You agree to contact us first to resolve any issue before disputing a charge with your bank/card issuer. Send disputes to: [DISPUTES EMAIL] with invoice number, lot number(s), and a clear description. We will make a good-faith effort to respond and resolve issues promptly.
11) Nonpayment, Abandonment, and Remedies
If you fail to pay, pick up, or comply with these Terms:
We may cancel the sale, re-list the item, and/or ban your account.
Items not picked up within the posted Pickup Parameters may be deemed abandoned. We may resell or dispose of abandoned items, with no refund.
12) Chargeback / Payment Dispute Policy
A. What you’re agreeing to
By completing a transaction, you acknowledge and agree that:
you authorized the transaction,
you received (or had the opportunity to receive) the goods via pickup/shipping per these Terms, and
you understood the AS-IS / ALL SALES FINAL nature of auction purchases.
B. What happens if a chargeback is filed
If you file a chargeback or payment dispute without first contacting us in good faith (Section 10), we may suspend or terminate your account and bidding privileges. If a chargeback results in a reversal of funds after you have received goods, we reserve the right to pursue lawful recovery of the merchandise and/or amounts owed.
C. Evidence you consent to us using to fight disputes (“Compelling Evidence”)
You consent to us providing the following to processors/banks/issuers as applicable to respond to and contest chargebacks/disputes:
your account registration details (name, email/phone, address if provided), timestamps, and acceptance of these Terms,
IP address, device/browser data, and login/session records where available,
invoices, lot descriptions, photos, lot notes, and the posted auction rules,
the posted Pickup Parameters for the auction and records showing those Pickup Parameters were presented/available at registration and/or prior to bidding,
payment authorization records and verification results (including AVS/CVV response codes where available),
pickup confirmation records (signature, ID verification, pickup photos/video/CCTV logs where lawful),
shipping records (carrier acceptance scan, tracking, delivery confirmation),
communications between you and us (email/SMS/call notes), including dispute-resolution attempts.
D. Fraud and identity verification
We may require additional verification for high-value invoices or suspicious activity and may refuse release/fulfillment until verification is completed.
E. Partial disputes
If you dispute only part of an invoice, you agree the undisputed portion remains immediately due.
13) Prohibited Conduct
You may not:
place fraudulent bids, shill bids, or manipulate auctions,
claim non-receipt after pickup/delivery confirmation,
file knowingly false disputes (“friendly fraud”),
harass staff or other bidders.
14) Limitation of Liability
To the maximum extent permitted by law:
We are not liable for indirect, incidental, consequential, special, or punitive damages.
Our total liability for any claim relating to a transaction is limited to the amount you actually paid us for the specific disputed lot(s).
15) Governing Law and Venue
Governing law: State of Texas
16) Privacy and Recordkeeping
We may retain transaction records, pickup/shipping confirmations, and dispute documentation for fraud prevention, operations, and compliance.
17) Changes to Terms
We may update these Terms at any time by posting a new version with an updated Effective Date. The version in effect at the time of your bid/purchase applies to that transaction.
18) Failed Payments: Users have 72 hours to resolve any declined charges related to initial auction balances or shipping and handling costs. If payment is not received within this window, the associated winnings will be forfeited. Unresolved balances may result in a permanent account ban at our discretion.