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Auction Terms & Conditions

Effective Date: August 22, 2026

Please read these Auction Terms & Conditions carefully before registering or participating in an auction conducted by The WoW Factor. By registering, receiving a bidder number, placing a bid, or participating in an auction, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. 

🔨 AUCTION QUICK REFERENCE

Registration: Bidders must be at least 18 years old and provide a valid government-issued photo ID.
Binding Bids: Every bid is a binding commitment to purchase the item if you are recognized as the successful bidder.
Starting Bids: Unless otherwise announced, lots will begin at $1.
Payment: Cash, credit/debit cards, and Goldbacks are accepted. A 2.99% convenience fee applies to credit and debit card payments.
Sales Tax: A 6.75% sales tax will be charged unless a valid resale or exemption certificate is properly provided and accepted.
All Sales Final: All merchandise is sold AS IS, WHERE IS, WITH ALL FAULTS. No cancellations, returns, refunds, or exchanges except where required by applicable law.
Pickup: No delivery is available. Buyers are responsible for loading, securing, transporting, and picking up their purchases.
Payment Deadline: All purchases must be paid in full by 6:00 PM on the day of the auction unless otherwise approved by The WoW Factor.
Pickup Deadline: Purchases may be picked up through the Tuesday following the auction during normal business hours.
Storage Fees: Beginning the Wednesday following the auction, a $10 per day storage fee may apply to merchandise that remains uncollected.
Abandoned Property: Items remaining unclaimed for 30 days may be considered abandoned and handled in accordance with applicable Texas law.

1. AUCTION CONDUCT

The WoW Factor is conducting auctions of merchandise owned by The WoW Factor. The WoW Factor reserves the right to establish, modify, enforce, or interpret auction procedures and rules as necessary for the orderly conduct of the auction, subject to applicable law.

For purposes of these Terms & Conditions, the term "Auction Representative" refers to the owner, employee, representative, or other individual authorized by The WoW Factor to conduct the auction, recognize bids, make announcements, and resolve auction-related matters.

The Auction Representative's decisions regarding the recognition of bids, bidding disputes, auction procedures, and the conduct of the auction shall be final.

2. BIDDER REGISTRATION AND ELIGIBILITY

Bidders may register online before the auction or in person on the day of the auction.

All bidders must:

  • Be at least 18 years of age.

  • Complete the required bidder registration.

  • Provide a valid government-issued photo ID.

  • Agree to these Auction Terms & Conditions.

Once registration has been verified, the bidder will receive a bidder number or bidder card.

The WoW Factor reserves the right to refuse or revoke registration or participation when reasonably necessary for the safety, security, orderly conduct, or integrity of the auction.

3. BIDDER NUMBERS

Each registered bidder will receive a unique bidder number or bidder card.

Bidders are responsible for safeguarding their assigned bidder number. If a bidder number is lost or stolen, the bidder must immediately notify a member of The WoW Factor staff.

The original bidder number may be cancelled and a replacement bidder number issued. Staff may be instructed not to accept additional bids using the cancelled bidder number.

The bidder remains responsible for bids placed using their assigned bidder number until the loss or theft has been reported to The WoW Factor.

4. BIDDING IS A BINDING CONTRACT

By placing a bid, the bidder acknowledges that they are entering into a legally binding agreement to purchase the item if they are recognized as the successful bidder.

Bids may not be withdrawn once accepted unless specifically authorized by the Auction Representative.

The successful bidder is responsible for paying the full purchase price, applicable sales tax, and any applicable fees.

Bidding on behalf of another person is permitted only when the bidder has the authority to enter into a binding agreement on that person's behalf.

5. STARTING BIDS AND RESERVE PRICES

Unless otherwise announced, auction lots will begin with a $1 opening bid.

The WoW Factor reserves the right to announce that a reserve or minimum sale requirement applies to a particular item before bidding begins.

The existence of a reserve may be announced without disclosing the reserve amount.

The WoW Factor reserves the right to adjust starting bids, remove items, combine lots, divide lots, reorder lots, or otherwise modify the auction offering when reasonably necessary.

6. AUCTION REPRESENTATIVE AUTHORITY AND BID DISPUTES

The Auction Representative has the authority to recognize bids, determine the successful bidder, settle bidding disputes, reject bids, reopen bidding, or take other reasonable action necessary to resolve disputes.

In the event of a dispute regarding the successful bidder, the Auction Representative may reopen bidding to all interested bidders.

The Auction Representative's decision regarding the resolution of a bidding dispute shall be final.

7. NO AUCTION CATALOG / DESCRIPTIONS AND ANNOUNCEMENTS

There will generally be no auction catalog.

Descriptions, condition information, functionality information, estimates, or other information may be announced during the auction; however, bidders are responsible for independently evaluating each item before bidding.

Any statements, opinions, estimates, descriptions, or information provided verbally, in writing, on tags, labels, signs, or otherwise are provided for informational purposes only and do not create a guarantee, warranty, or representation unless expressly stated otherwise in writing by The WoW Factor.

Announcements made by the Auction Representative during the auction may supersede previously published or displayed information.

8. PREVIEW AND INSPECTION

Bidders are strongly encouraged to inspect merchandise before bidding.

Preview opportunities may be available during normal business hours on the Thursday and Friday immediately preceding the auction, generally from 9:00 AM to 5:00 PM, unless otherwise announced.

It is the bidder's responsibility to inspect merchandise and determine its condition, completeness, functionality, authenticity, suitability, and value before placing a bid.

Failure to inspect an item does not relieve the successful bidder of their obligation to complete the purchase.

9. TESTING AND FUNCTIONALITY

When practical, certain merchandise may be tested before being offered for auction. Some items may be identified as tested, operational, partially tested, or untested.

Certain appliances, equipment, and other items may not be capable of being fully tested on-site due to limitations involving utilities, water, power, space, or other conditions.

Any statement that an item has been tested, appears operational, or was functioning at the time of inspection is provided for informational purposes only and does not create an express or implied warranty.

Bidders are encouraged to inspect and evaluate merchandise before bidding.

10. ALL ITEMS SOLD AS IS, WHERE IS, WITH ALL FAULTS

ALL MERCHANDISE IS SOLD AS IS, WHERE IS, WITH ALL FAULTS, without warranties or guarantees of any kind, except where otherwise required by applicable law.

The WoW Factor makes no express or implied warranties regarding:

  • Condition

  • Functionality

  • Completeness

  • Quality

  • Merchantability

  • Fitness for a particular purpose

  • Authenticity

  • Age

  • Origin

  • Rarity

  • Value

  • Suitability

  • Identification

  • Repairability

Bidders assume responsibility for inspecting merchandise and determining its condition and value before bidding.

All sales are final. The WoW Factor makes no representation or warranty regarding title, ownership history, provenance, or prior possession of merchandise except as required by applicable law.

11. AUTHENTICITY AND COLLECTIBLES

The WoW Factor does not guarantee the authenticity of collectibles, jewelry, coins, currency, trading cards, signed items, antiques, artwork, fossils, artifacts, gemstones, precious metals, or other merchandise unless specific documentation or a Certificate of Authenticity is included with the item at the time of sale.

The inclusion of third-party documentation, certificates, labels, opinions, appraisals, or other materials does not constitute an independent guarantee by The WoW Factor regarding the validity, authenticity, accuracy, or value of such documentation or merchandise.

Bidders are responsible for conducting their own research and determining whether an item meets their collecting, investment, resale, grading, authentication, or other requirements before bidding.

12. PAYMENT

Buyers may pay for purchases after winning individual items or at another time authorized by The WoW Factor.

When making payment, buyers should have their auction item, sold price, and bidder number available to assist with verification.

All purchases must be paid in full before merchandise is removed from the premises or loaded into a vehicle.

Accepted payment methods include:

  • Cash

  • Credit Cards

  • Debit Cards

  • Goldbacks

Checks are accepted only with prior authorization from The WoW Factor.

A 2.99% convenience fee will be applied to credit and debit card transactions.

Purchases paid with cash or Goldbacks will not be subject to the 2.99% card convenience fee.

13. GOLDBACK PAYMENT POLICY

Goldbacks will be accepted at the displayed daily exchange rate available through the Goldback App or official Goldback website at the time payment is made.

The Goldback App includes a calculator that may be used to determine the amount of Goldbacks required for payment.

Any remaining change due to the buyer will be provided in U.S. Dollars.

The WoW Factor reserves the right to verify the applicable Goldback exchange rate at the time of payment.

14. FAILURE TO PAY

All purchases must be paid in full by 6:00 PM on the day of the auction, unless otherwise approved by The WoW Factor.

If a successful bidder fails to make payment by the applicable deadline, The WoW Factor may, to the extent permitted by applicable law:

  • Cancel the sale.

  • Reoffer or resell the merchandise.

  • Revoke future bidding privileges.

  • Retain or pursue any remedies available under applicable law.

  • Seek recovery of applicable damages, costs, or other amounts permitted by law.

Failure to pay does not automatically release the successful bidder from their obligations.

15. SALES TAX AND EXEMPTIONS

Applicable sales tax of 6.75% will be charged on taxable purchases unless a valid resale or tax exemption certificate is properly completed, provided, and accepted.

Buyers claiming resale or tax-exempt status must provide appropriate documentation, including a properly completed Texas Sales and Use Tax Resale Certificate (Form 01-339) or other documentation accepted under applicable law.

Required resale or exemption documentation must be uploaded during online registration or presented when receiving the bidder number.

The WoW Factor reserves the right to reject incomplete, invalid, expired, or otherwise unacceptable exemption documentation.

Tax will be charged on all applicable purchases unless a valid exemption has been properly established.

Buyers are responsible for ensuring that any resale or exemption documentation they provide is accurate and legally applicable to their purchases.

16. NO CANCELLATIONS, RETURNS, REFUNDS, OR EXCHANGES

ALL SALES ARE FINAL.

No cancellations, returns, refunds, credits, chargebacks, or exchanges will be accepted except where required by applicable law.

A bidder's failure to inspect merchandise, misunderstanding of an item's condition or value, change of mind, inability to use an item, resale loss, authentication results, grading results, or other post-sale discovery does not create a right to cancel a completed sale.

17. TRANSFER OF RESPONSIBILITY AFTER SALE

Once the Auction Representative declares an item SOLD and recognizes the successful bidder, responsibility and risk of loss or damage for the purchased merchandise transfers to the successful bidder, to the fullest extent permitted by applicable law.

The successful bidder is responsible for securing and protecting their purchased merchandise.

The WoW Factor is not responsible for theft, loss, or damage occurring after an item has been declared sold.

Buyers are encouraged to promptly identify, secure, consolidate, and arrange pickup of their purchased items.

18. REMOVAL OF MERCHANDISE AND PAYMENT REQUIREMENTS

No merchandise may be removed outside the gated auction area, loaded into a vehicle, or otherwise removed from the premises before payment has been completed.

Buyers may move or consolidate their purchased merchandise within the auction area when reasonably necessary for checkout or organization.

Any attempt to remove unpaid merchandise from the premises may result in removal from the auction, cancellation of bidding privileges, and other action permitted by applicable law.

19. NO DELIVERY / BUYER RESPONSIBLE FOR LOADING AND TRANSPORTATION

The WoW Factor does not provide delivery services.

Buyers are solely responsible for:

  • Loading purchases.

  • Securing purchases.

  • Providing appropriate vehicles.

  • Providing adequate labor.

  • Providing necessary equipment.

  • Transporting purchases.

Buyers should ensure that they have sufficient assistance and equipment available before purchasing large, heavy, or difficult-to-move items.

Any assistance provided by The WoW Factor staff is voluntary, subject to availability, and provided at the buyer's risk.

20. EQUIPMENT AVAILABLE

Hand trucks may be available for buyer use on a first-come, first-served basis.

The WoW Factor does not guarantee that equipment will be available at any particular time.

No tractor, forklift, or other heavy equipment will be available for buyer use unless specifically announced by The WoW Factor.

Buyers are responsible for determining whether they can safely move, load, secure, and transport their purchases.

21. PICKUP DEADLINES

Purchases may generally be picked up after payment has been completed through the Tuesday immediately following the auction.

Pickup is available during The WoW Factor's normal business hours:

Monday through Saturday
9:00 AM – 5:00 PM

Alternative pickup arrangements must be approved by The WoW Factor.

No delivery services are available.

22. STORAGE FEES

Beginning the Wednesday immediately following the auction, a storage fee of $10 per day may be charged for merchandise that remains uncollected.

Storage fees may continue to accumulate until the merchandise is removed, an alternative arrangement is approved, or the merchandise is otherwise disposed of in accordance with these Terms & Conditions and applicable law.

Storage fees must be paid before merchandise is released.

23. ABANDONED PROPERTY

Merchandise remaining unclaimed for 30 days may be considered abandoned and may be handled, retained, resold, disposed of, or otherwise addressed in accordance with applicable Texas law. Any action taken regarding unclaimed merchandise will be subject to applicable law and any required notices or procedures.

The successful bidder remains responsible for any applicable obligations, fees, or charges to the extent permitted by law.

The WoW Factor may attempt to contact the buyer but is not responsible for a buyer's failure to maintain current contact information.

24. SAFETY AND ASSUMPTION OF RISK

The auction may involve indoor and outdoor areas, uneven surfaces, heavy merchandise, equipment, vehicles, moving items, crowds, and other potential hazards.

By attending or participating, individuals acknowledge and voluntarily assume responsibility for exercising reasonable care and caution.

Individuals are responsible for determining how and when they may safely interact with merchandise, equipment, or other property.

If an individual believes that an item, area, activity, or condition may be unsafe, they should stop interacting with it and immediately notify a member of The WoW Factor staff.

25. PARKING AND TRAFFIC SAFETY

Parking is permitted only in designated or available areas on The WoW Factor property.

Attendees should not park outside The WoW Factor's property boundaries or on neighboring private property without permission.

Property boundaries may generally be identified by the electric poles located near either side of the property's fence line.

Parking on neighboring property or outside authorized areas is at the vehicle owner's risk and may result in towing or other action by the applicable property owner.

The auction location is adjacent to a moderately traveled highway. Vehicle owners and occupants are responsible for using reasonable judgment and caution when entering, exiting, parking, walking near traffic, loading merchandise, and otherwise moving around the property.

Attendees should not park or conduct activities in a manner that unnecessarily obstructs traffic or creates an unsafe condition.

26. CHILDREN AND MINORS

Children may attend the auction when accompanied by a parent or legal guardian.

Due to possible crowds, limited space, heavy merchandise, vehicles, and other potential hazards, The WoW Factor does not recommend unattended or unsupervised children at the auction.

Parents and legal guardians are solely responsible for supervising minors in their care at all times.

Only individuals at least 18 years of age may register and bid.

27. CONDUCT AND SECURITY

The WoW Factor reserves the right to remove or deny participation to any person whose conduct is disruptive, unsafe, threatening, dishonest, or otherwise interferes with the orderly operation of the auction.

Unauthorized removal, concealment, tampering with, or attempted removal of merchandise may result in removal from the premises and other action permitted by applicable law.

Buyers are expected to respect other attendees, staff, property, and merchandise.

28. PHOTOGRAPHY, VIDEO, AUDIO, AND RECORDING

The WoW Factor may photograph, livestream, audio record, or video record the auction and surrounding activities for purposes including:

  • Security

  • Documentation

  • Dispute resolution

  • Business operations

  • Marketing

  • Advertising

  • Social media

  • Promotional materials

By attending the auction, participants acknowledge that they may appear in photographs, video, livestreams, or other recordings.

Attendees who do not wish to be prominently featured in promotional content should make reasonable efforts to avoid cameras or notify staff when practical. The WoW Factor cannot guarantee that attendees will not incidentally appear in recordings of a public event.

29. WEATHER, EMERGENCIES, AND AUCTION INTERRUPTIONS

The WoW Factor reserves the right to pause, suspend, postpone, modify, reschedule, or cancel all or part of an auction due to weather, emergencies, safety concerns, power outages, equipment failures, government actions, or other circumstances that may affect the safe or orderly operation of the event.

Any changes will be announced when reasonably practical.

Items successfully auctioned and declared sold before an interruption will remain valid sales.

Unsold merchandise may be offered later during the event, returned to inventory, sold through other means, or included in a future auction.

30. RESELLER AND INVESTMENT RESPONSIBILITY

The WoW Factor does not guarantee that any item purchased will:

  • Increase in value.

  • Maintain value.

  • Sell for a profit.

  • Be suitable for resale.

  • Receive a particular grade.

  • Receive authentication.

  • Meet the requirements of a third-party marketplace.

  • Generate a financial return.

Any price estimates, opinions, previous sales information, market information, or other statements regarding potential value are informational only.

Buyers are solely responsible for conducting their own research and determining whether an item is appropriate for collecting, investing, reselling, grading, or any other purpose.

31. BUYER QUESTIONS AND CONCERNS

Buyers are encouraged to bring questions or concerns to The WoW Factor directly.

The WoW Factor will make reasonable efforts to address concerns and resolve issues when possible.

Because all merchandise is sold AS IS, WHERE IS, WITH ALL FAULTS, a disagreement regarding condition, value, functionality, resale potential, or other characteristics does not automatically entitle a buyer to cancellation, refund, or other remedy.

32. DISPUTE RESOLUTION

If a buyer believes an issue has occurred, the buyer should first contact The WoW Factor directly and provide a reasonable opportunity to review and attempt to resolve the matter.

If a matter cannot be resolved directly, either party may pursue any rights or remedies available under applicable law.

Nothing in these Terms & Conditions prevents either party from exercising rights that cannot legally be waived.

33. LIMITATION OF RESPONSIBILITY

To the fullest extent permitted by applicable law, The WoW Factor shall not be responsible for indirect, incidental, special, consequential, or punitive damages arising from participation in the auction or the purchase, possession, transportation, use, resale, or inability to use merchandise.

This includes, to the fullest extent permitted by law, losses relating to resale value, investment value, lost profits, grading outcomes, authentication outcomes, or other economic expectations.

Nothing in these Terms & Conditions is intended to limit liability where such limitation is prohibited by applicable law.

34. ANNOUNCEMENTS AND CHANGES

The WoW Factor reserves the right to make announcements, clarifications, corrections, or reasonable modifications to auction procedures when necessary.

Announcements made by the Auction Representative during the auction may supplement or supersede previously published information when applicable.

Any material changes to these Terms & Conditions may be communicated through the auction website, registration materials, posted notices, or other reasonable methods.

35. GOVERNING LAW

These Auction Terms & Conditions shall be governed by and interpreted in accordance with the applicable laws of the State of Texas, without regard to conflict-of-law principles.

36. SEVERABILITY

If any provision of these Terms & Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by applicable law.

37. ACCEPTANCE OF TERMS

By registering as a bidder, receiving a bidder number, placing a bid, attending the auction, purchasing merchandise, or otherwise participating in an auction conducted by The WoW Factor, you acknowledge that you have had the opportunity to review these Auction Terms & Conditions.

You agree to be bound by these Terms & Conditions and any applicable announcements or procedures communicated by The WoW Factor during the auction.

CONTACT THE WOW FACTOR

The WoW Factor
14944 State Hwy 87 S
Hemphill, Texas 75948

Phone: 409-579-2986

Business Hours:
Monday – Saturday
9:00 AM – 5:00 PM

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