Cowtown Boots

1.) TERMS AND CONDITIONS 2.) PRIVACY STATEMENT 3.) GUARANTEE POLICY ___________________________________ TERMS AND CONDITIONS (9/2023) In order to participate in a Factor 48 LLC online auction, Bidder/purchaser must agree to the terms and conditions contained in this agreement. Please review this agreement carefully and indicate whether you accept or reject these terms and conditions by following the directions for accepting or rejecting this agreement as provided on the Factor 48 LLC / HiBid website through which you are accessing this agreement. If you accept this agreement, then Bidder/purchaser also agrees that such acceptance is in consideration of the possibility of its participation in the online auction conducted by Factor 48 LLC. If Bidder/purchaser rejects this agreement, Bidder/purchaser will not be allowed to participate in the online auction. Bidder/purchaser’s participation in any online auction shall automatically constitute continued acceptance of this agreement for online auctions with Factor 48 LLC. If you do not agree to be bound by these terms and conditions , do not participate a Factor 48 LLC online auction or buy it now feature. ONLINE AUCTION / ONLINE STORE FRONT Lot/Item Representation – Descriptions, photos, and any other information given by Factor 48 LLC or one of its agents, is solely for informational purposes. Factor 48 LLC is not responsible for inaccurate photos, descriptions, or information, verbal or implied. Bidder/purchasers are encouraged to view lots/items in person and to do their own research prior to bidding. Stock photo(s) are for reference only, see additional photos if provided. All lots in the online auction are sold "As Is", "Where Is" with no refunds or exchanges, no warranty expressed or implied, unless otherwise notated. By placing a bid, you agree to hold Factor 48 LLC and its agents harmless of any wrongdoing. Some lots are customer exchanges and returns and may need some cleaning/repair or may not include all needed items or may be only used as parts - no refunds given. Bidder/purchaser acknowledges they will perform their own due diligence before placing a bid on a lot. Preview is encouraged. Retail price stated may be full retail price or suggested price from the manufacturer and not the current sale price. Bidder/purchaser agrees that their own decision to bid and the amount they bid has been based solely on their own independent inspection and evaluation of the lot. Catalog Lot/Auction Updates – Lot and/or Auction, descriptions, and listings are subject to change, updates, or cancellation at any time without notice. Reserve Bid – Lots/Items may have a reserve price. This is an undisclosed minimum price that must be met before the item is sold. Factor 48 LLC reserves the right to sell the lot/item to the top bidder/purchaser even if the reserve was not met. Soft Closing – A Soft Close will prevent a last-minute bidder/purchaser from "Sniping" a lot away from a previously active bidder/purchaser. Any bid entered in during the last three (3) minutes of a lot closing will extend the bidding for that lot. Technical Difficulties – If, for any reason, technical difficulties occur related to the server, software, or any other online auction-related technologies, Factor 48 LLC reserves the right to extend ,continue, or close the bidding. Neither the company providing the software and/or website nor Factor 48 LLC shall be held responsible for a missed bid or the failure of the software and/or website, for any reason. Rejecting a Bid – Factor 48 LLC reserves the right to reject any bid for any reason. Bidder/Purchaser Registration - It is the bidder/purchaser’s responsibility to make sure their registration information is accurate and up to date prior to placing a bid. Bidder/purchaser must provide accurate and true information when registering and must maintain the accuracy of their personal registration information. A registered bidder/purchaser agrees to keep their username and password confidential. A bidder/purchaser is responsible for any and all activity involving their account. When bidding and utilizing the software and/or website, bidder/purchaser must adhere to any and all local, state, and federal laws . Any violations could result in termination of bidder/purchaser’s privilege to utilize the software and/or website. Factor 48 LLC reserves the right to reject a bidder/purchaser's registration if there is any question as to the individual's credentials or eligibility to place a bid. The identity of a bidder/purchaser may be verified by Factor 48 LLC if needed. A authorization will be processed when registering to bid during this auction. If you do not win any bids there will be no charges against your account. Age of Bidder/Purchaser – By agreeing to these terms and conditions, bidder/purchaser is stating they are at least eighteen (18) years of age or older and can legally enter into a contract with Factor 48 LLC. Business Entity or Corporation Bidding - By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby they personally guarantee payment to Factor 48 LLC any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee. Consignors Bidding - Consignors are not allowed to bid on items they have consigned to Factor 48 LLC. Factor 48 Employee Bidding – Factor 48 Employees may bid on auction items for personal use only. Winning Bidder Notification – Notification of items won will be sent to the bidder/purchaser ONLY by email. It is the buyer’s responsibility to check their email for notifications. It may be necessary to check junk/spam email folder. Buyer can check their dashboard in their account to see any outstanding invoices, and items won. If you feel you won an item, and it is not shown, contact Factor 48LLC within one (1) business day. PAYMENT Buyer’s Premium - A buyer’s premium will be added to the final bid price to determine final selling price. Please locate the buyer’s premium on each specific Factor 48 LLC online auction under the “Auction Information” tab on the HiBid website under “Auction Details”. (For example – If the buyer’s Premium is 15% and bidder wins the bid $100.00, at checkout the bidder will be charged $115.00 plus applicable sales tax.) Sales Tax/Tax Exempt - Sales tax is based on the location of the auction. If tax exempt, contact Factor 48 LLC to provide tax exempt form. To receive tax exemption, you will be required to provide the proper documentation prior to close of auction. Purchaser shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by bidder in connection with the purchase of a lot/item and otherwise compliance with these Terms. Please locate the sales tax on each specific Factor 48 LLC online auction under the “Payment Information” tab on HiBid under Auction Details. Payment Due - All invoices/purchases less than $1,000 will be automatically charged to the credit card on file with HiBid within two (2) business days following the close of the auction. All invoices/purchases greater than $1,000 must be paid in full with a wire transfer or cashiers check within two (2) business days following the close of the auction. Payment Methods – Credit cards and Debit Cards, (Visa, Mastercard, Discover, & American Express) for any invoiced amount less than $1,000, wire transfer or cashiers check for any invoiced amount greater than $1,000. Chargebacks - Bidder agrees not to charge back their credit and/or debit card under any circumstances. Chargebacks are prohibited. Bidder is responsible for all fees associated with a chargeback. Non-Payment - If payment has not been received within two business days, it will be considered in default. Upon default, the bidder may be blacklisted and/orblocked from bidding on any future Factor 48 LLC auction. All defaulted items may be offered to the next highest qualified bidder, relisted in an upcoming online auction, or sold to an interested party, at the discretion of the Factor 48 LLC. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting from the resale of the property. The bidder agrees to pay all reasonable attorney fees and other costs incurred by Factor 48 LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a late fee of two percent (2%) of the outstanding balance per month will be added to any unpaid balance due to Factor 48 LLC. ITEM PICKUP / SHIPPING Pickup Dates & Times – It is the bidder’s responsibility to understand the scheduled pickup dates and times for the auction. Please locate the pickup date and time on each specific Factor 48 LLC online auction under the “Shipping / Pickup” tab on the HiBid website under “Auction Details”. Payment must be made before item(s) are picked up and/or removed. If, for any reason, Factor 48 LLC is unable to make available or deliver any purchase, at time of pickup, the sole liability of Factor 48 LLC if any, shall be the return of any paid monies in respect of such purchase. Removal Assistance - Winning bidders are solely responsible for the removal of purchased items and must bring their own help and tools for item removal. Shipping - Please note, not all items are eligible for shipping. If you are the high bidder on a item(s) it is your responsibility to contact Factor48 after receiving your invoice email and notifying Factor48 that you will be needing shipping. You can notify Factor48 at info@factor48.com or by calling 520.453.4848. Factor48 has the ability to ship winning bidders items. Payment must be made before item(s) are shipped. Any and all shipping expenses including but not limited to insurance, shipping labels, and processing and handling are to be paid in full by the customer prior to shipment. LEGAL View and bid at your own risk. Factor 48 is not responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, loading out, or conducting business. Additionally, Factor 48 LLC is not responsible for injury or damage of any kind to anyone or anything relating to items obtained from Factor 48 LLC. By participating, in any capacity, in any online auction with Factor 48 LLC, you agree to hold Factor 48 LLC and its agents harmless, regardless of opinion. No Waiver by Factor 48 - The failure of Factor 48 LLC to insist upon strict and/or prompt performance of any of the covenants herein and/or the acceptance of such non-performance hereunder shall not constitute or be construed as a waiver of the right of Factor 48 LLC to strictly enforce any of these terms. Additional – These terms and conditions contain all the terms and conditions upon which the lot/item are purchased and supersedes and controls any prior agreements, orders, estimates or proposals, written or oral. If any term or provision of these terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Customer agrees to pay all costs of collection incurred by Factor 48 LLC, if any, including, without limitation, court costs, collection agency costs, and/or attorneys' fees. Choice of Law – These terms are governed and controlled by the laws of the State of Arizona and bidder/purchaser agrees that any legal action, suit, or proceeding between the parties arising from the purchase of the lot/item shall be instituted in the courts of the State of Arizona, Town of Marana and County of Pima. Customer hereby irrevocably submits to the exclusive jurisdiction of such Arizona courts. Waive Trial by Jury – Each party hereby knowingly, voluntarily, and intentionally waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to this agreement and agrees that any such dispute shall be tried before a judge sitting without a jury. Disclaimer of Warranties; Limitation of Liability – Bidder/purchaser acknowledges that Factor 48 LLC is not the manufacturer of the lots/items. Factor 48 LLC makes no representations or warranties of any kind and expressly disclaims any implied warranties as to the fitness, merchantability, design, construction, condition, specifications, or performance of the lot/item. In no event shall Factor 48 LLC be liable to customer or to any third party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of terms and conditions, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Factor 48’s aggregate liability arising out of or related to these terms and the purchase of a lot/item, whether arising out of or related to breach of terms and conditions, tort (including negligence) or otherwise, exceed the aggregate amounts paid to Factor 48 pursuant to the terms of the final invoice. Bidder/purchaser agrees to hold harmless and indemnify Factor 48 LLC and/or its agents, owners, employees, and its representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. ___________________________________ PRIVACY STATEMENT (3/2022) Factor 48 LLC Privacy Policy This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from factor48.addashop.com and/or factor48.hibid.com (the “Site”). PERSONAL INFORMATION WE COLLECT When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.” We collect Device Information using the following technologies: - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. - “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site. Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information.” When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. HOW DO WE USE YOUR PERSONAL INFORMATION? We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for pickup and/or shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: Communicate with you; Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). SHARING YOUR PERSONAL INFORMATION We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights. BEHAVIORAL ADVERTISING As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt out of targeted advertising by: FACEBOOK - https://www.facebook.com/settings/?tab=ads GOOGLE - https://www.google.com/settings/ads/anonymous Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. DO NOT TRACK Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. EUROPEAN RESIDENT If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. DATA RETENTION When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. MINORS The Site is not intended for individuals under the age of 18. CHANGES We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. CONTACT US For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at contact@factor48.com or by mail using the details provided below: 8020 Business Park Dr, Tucson, AZ, 85743, United States ___________________________________ GUARANTEE POLICY (3/2022) Throughout the Guarantee Policy, the terms “Factor48” “we”, “us” and “our” refer to Factor 48 LLC. With Factor48’s GOLD 48 HOUR GUARANTEE or PLATINUM 5 DAY GUARANTEE you can bid with confidence. With the large amount of items we sell, we do our best to inspect items for any obvious damage, however we are unable to test every item for functionality. The products we sell are online or in-store returns, overstock items, and shelf pulls and sometimes things appear to be fine, but then don’t work. Items will be marked as GOLD 48 HOUR GUARANTEE, PLATINUM 5 DAY GUARANTEE or AS-IS. Please see below for more information. Factor48 offers the GOLD 48 HOUR GUARANTEE on all items listed as "GOLD 48 HOUR GUARANTEE”: - Our guarantee is for functionality only. Returns will not be accepted for issues such as cosmetic condition, color, size, or missing parts. - Buyer must contact us via email (contact@factor48.com) within forty-eight (48) hours of pick-up to make a claim. Please provide your contact information and reason for claim in the email. Any email received after forty-eight (48) hours will result in no refund. No claims will be taken over the phone. After a claim is filed, the item(s) need to be returned to Factor48 within two (2) business days, during business hours (M-F: 9:30 a.m.-5:30 p.m.). After two (2) business days, guarantee is null and void, and no refunds will be given. - To be eligible for a refund, your item must be returned in the same condition that you received it. It must also be in the original packaging. - Once your return is received and inspected, we will notify you of the approval or rejection of your refund. - If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. - We strongly encourage bidders to test each item prior to leaving the location to minimize any inconvenience that may occur. - We also give you the opportunity to preview items in person prior to the auction to verify the item you are bidding on. Factory sealed items will not be allowed to be opened prior to auction. Factor48 also offers the PLATINUM 5 DAY GUARANTEE on all items listed as “PLATINUM 5 DAY GUARANTEE”: - Our guarantee is for functionality only. Returns will not be accepted for issues such as cosmetic condition, color, size, or missing parts. - Buyer must contact us via email (contact@factor48.com) within five (5) calendar days of pick-up time to make a claim. Please provide your contact information and reason for claim in the email. Any email after five (5) calendar days will result in no refund. No claims will be taken over the phone. After a claim is filed, item(s) needs to be returned to Factor48 within two (2) business days, during business hours (M-F: 9:30 a.m.-5:30 p.m.). After two (2) business days, guarantee is null and void, and no refunds will be given. - To be eligible for a refund, your item must be returned in the same condition that you received it. It must also be in the original packaging. - Once your return is received and inspected, we will notify you of the approval or rejection of your refund. - If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment. - We also give you the opportunity to preview items in person prior to the auction to verify the item you are bidding on. Factory sealed items will not be allowed to be opened prior to auction. As-Is - Lots listed “As-Is” comes with no Factor48 Guarantee. All items are sold as is where is, with NO guarantee, warranty, or possible refund written, expressed, or implied. No refunds or credits will be issued for these items. - NO EXCEPTIONS - We also give you the opportunity to preview items prior to the auction to verify the item you are bidding on. Factory sealed items will not be allowed to be opened prior to auction.