Auction Terms & Conditions

By participating in the Live or online Silent Auction (Auctions), at the event or online, you acknowledge that you accept these rules. Colleyville Woman’s Club (CWC) reserves the right to update and change these rules at any time.

GENERAL

1. To bid on any Auction item, pre-register a credit card at time of check-in or when registering online. Please check in at the event to receive a bidder number. CWC accepts American Express, Discover, MasterCard or Visa. Final payments may also be in the form of checks payable to Colleyville Woman’s Club.
2. You must be over the age of 21 to bid on any item containing alcoholic beverages.
3. CWC reserves the right to establish minimum bids for inclusion in the Auctions or to withdraw items when the minimum bid is not met. Some items may have a non-disclosed Reserve Value. If the amount of the Final Bid is less than the Reserve Value, the item will not sell. 
4. All items are sold “As Is” and were solicited in good faith. Item descriptions, representations and values are based on Donor information. Bidders should inspect items or review descriptions prior to bidding to determine condition, restrictions, size, etc. CWC makes no warranties or representations, expressed or implied, statutory or otherwise, in connection with the Auctions including without limitation: merchantability; fitness for a particular purpose; title and non-infringement; arising from course of dealing or usage of trade; any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of CWC. No statement contained in this program, made orally at the event or presented elsewhere shall be deemed to be a warranty or assumption of liability against CWC or the Donor of the item, property or service. All items are subject to the Donor’s restrictions and applicable tax requirements. 
5. Each item will be sold to the bidder with the highest bid (Final Bid) when each Auction closes. That bidder will be designated the Buyer of each item. ALL SALES ARE FINAL WITH NO REFUNDS OR EXCHANGES. No item is redeemable for cash.
6. The Buyer, including an online Buyer not attending the event, may not retract that bid and is obligated to make FULL PAYMENT of the total Final Bid amount. Buyers attending the event must pay for all items before leaving the event. An online Buyer not attending the event must make full payment of the Final Bid within three days of notification sent by CWC. Items may be removed from the event only with a paid receipt. CWC will notify online Buyers of pickup opportunities. Buyers are responsible for removal and transportation of items unless delivery is specified. All items must be picked up by the Buyer or Buyer’s representative within two weeks from the event. Any item left unclaimed, without prior arrangements, will become CWC’s property, even if the Buyer has paid for the item.
7. CWC is not responsible for unredeemed certificates issued by Donors that may no longer be in business. No refunds will be made for goods or services that cannot be provided due to Covid restrictions.
8. Auction certificates must be used within one year of the Auctions OR AS OTHERWISE SPECIFIED BY THE DONOR. Services, facilities, travel and other certificates expire as indicated.
9. In the event of a dispute between bidders or between bidders and CWC, or in the event of doubt or dispute as to the validity of any bid, CWC will have the discretion to determine the successful Buyer. All decisions by CWC are final and binding.
10. If the Buyer fails to comply with the rules, including the obligation to make full payment of the Final Bid within the time limits and terms set out here and at the event, in addition to other remedies available to CWC and the Donor, the Buyer will remain obligated for his/her Final Bid amount. The Buyer also will be responsible for an additional 20% of the Final Bid, all attorney’s fees and other costs incurred to enforce payment of these amounts. CWC or the Donor may cancel the sale at its discretion and re-offer the item or sell it privately and hold the Buyer liable for any costs or losses associated therewith.
11. Reproduction rights remain the property of the artist or the copyright holder and are not transferred with the Auction of any item, photograph, painting, sculpture, intellectual property or any art form.
12. The extent of the Buyer’s charitable contribution, if any, is subject to limits provided by law. Buyers must sign a statement attesting that they understand the conditions of the sale, as well as an optional release for publicity purposes. CWC is a 501(c)(3) charitable organization so no sales tax will be charged. 

SILENT AUCTION

1. The Silent Auction bidding will begin at a time and date specified prior to the event. 
2. Bidders are prohibited from using any method, mechanism, device or software to affect the proper functioning of the Silent Auction and its website. CWC may, at its sole discretion and without notice, terminate the right of any bidder in the Silent Auction or user of the website to participate in the Silent Auction or use the website.
3. All content on the CWC and Silent Auction websites are the property of the CWC. Any other use, including reproduction, modification, distribution, transmission or display of the content on the website is strictly prohibited.
4. The Silent Auction is governed by and construed in accordance with the laws of the State of Texas. Bidders agree to comply with all applicable laws, statutes and regulations regarding participation in the Silent Auction and use of the website.
5. Starting and ending times are determined by the website clock. Bids will be accepted during this time period only. CWC reserves the right, at its sole discretion and without notice, to extend, terminate or modify the Silent Auction in the event of unforeseen technical difficulties that alter the proper functioning of the Silent Auction.
6. It is each bidder’s responsibility to monitor the outcome and status of his/her bids on the Silent Auction website.
7. CWC is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to, malfunctions of any networks, hardware or software, which may limit a bidder’s ability to participate in the Silent Auction. Proof of sending will not be proof of receipt by CWC. CWC is not responsible for any online, telephone or other charges bidders may incur in connection with the Silent Auction.
8. During and after the Silent Auction, a bidder may receive emails confirming bids placed, notifying the bidder of higher bids placed or notifying the Buyer of the sale. These emails are for informational purposes only. Their transmission or omission do not constitute any change in the status of bids. Only the record of bids in the Silent Auction system, as represented on the Silent Auction website, constitutes the true bid record, as used by CWC to determine the Buyer at the close of the Silent Auction.

LIVE AUCTION

1. Live Auction descriptions and conditions of sale are printed in the program. Live Auction items are auctioned directly from the event stage. Bidders will bid by signaling the auctioneer. Bid Spotters will be stationed in the room to assist bidders.
2. CWC may, at its sole discretion and without notice, terminate the right of any bidder in the Live Auction or user of the website to participate in the Live Auction or use the website.
3. Live Auction item is awarded to the highest bidder declared by the auctioneer.