IMPORTANT!! PLEASE READ!
(1.) All online bidders must register and submit an application for bidding approval and receive a bidder number before actual bidding can begin. You will receive your bidder number by email. Upon confirmation of your email address, this bidder number and your selected password will allow you to bid on any available item. Bidder numbers will be generated by the website, and passwords must contain at least 8 characters. By becoming a bidder with the Lucas Exotic Bird Auction Event, you give the Lucas Exotic Bird Auction Event express permission to send updates and notifications via email and/or text message to the contact information provided with your the account. Email notifications may be sent through both our main web servers as well as additional third party email programs.
(2.) Your registration is a BINDING CONTRACT. All items are sold as is and where is with no warranty or guarantee implied or intended by the seller or Lucas Auction. All sales are final and the bidder is responsible for knowing which item he or she is bidding on. the Lucas Exotic Bird Auction Event recommends all bidders make every effort to confirm information from the item's full description, confirmation with the seller, and physical inspection as to the usability and condition of every item they bid on. All merchandise is available for inspection at the Lucas Auction address listed in the contact information, the week before and the week of the auction. 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 that the bidder will complete the contract by paying for the item that was 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. Absolutely NO refunds or returns! AGAIN, inspect your merchandise and ask questions BEFORE the auction ends!
(3.) Winning Bidder will be charged an automatic 5% buyers premium as well as state sales tax (unless sales tax certificate has been received).
(4.) If there are any issues with any item, it needs to be brought to the attention of Lucas Auction personnel BEFORE the merchandise is removed from the premises. AGAIN, inspect your merchandise BEFORE you purchase it! ALL ITEMS ARE SOLD AS IS AND WHERE IS.
(5.) Loading assistance is NOT typically available unless otherwise stated.
(6.) The interactive bidding format will allow bidding by default set increments or you may place a maximum bid. You will see the results or your bid immediately upon placement. You may bid from any page where items are displayed including the: "Browse", "Ending Soon", "Watching", or "Bids" pages. All bidding for online auction items will begin closing at the day and time listed for each specific item. The first lot closes at 6:00 and every minute thereafter, each lot will close in numerical lot order. Item closings are dynamic, meaning that should a bid be placed on any item within the last 60 seconds of closing, bidding will be extended for an additional 2 minutes until all bidding has ceased. Users acknowledge that the 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 the Lucas Exotic Bird Auction Event, Swico Software Solutions, its website designer and/or developer, host or anyone else if any applicable internet service is interrupted for any reason causing any problems with the ability to bid and/or place items for sale. the Lucas Exotic Bird Auction Event will not be responsible for any missed bids!
(7.) Acceptable payment is by Visa, MasterCard, American Express and Discover credit cards. Invoices will be processed immediately after the last item for the day has closed, with payment being applied to the credit card on file unless prior arrangements have been made. All purchases are due and payable in US funds. A declined payment notice will be attached to any invoice where the credit card has been declined. If a change of credit cards is required a buyer may update their card information through their profile page as needed.
(8.) Included in all paid invoices will be a contact for scheduling pickup with the seller. Buyers MUST present an invoice as proof of purchase when picking up their purchases from Lucas Auction! All of your invoices as a buyer can be found by clicking on the available Invoices page button and/or from the main account profile page.
(9.) ALL merchandise MUST be picked up within TWO DAYS of the end of the auction **EXCEPT** HANDFED BABIES NEED TO BE PICKED UP ON THE DAY AFTER THE AUCTION IS OVER unless other arrangements are made with Lucas Auction personnel. A minimum $5 fee per cage, per day, (food, water & cleaning) will be assessed (hand-feeding will be more). After TWO DAYS, merchandise that is not picked up will be considered abandoned and NO refunds will be given!
(10.) Any paperwork from the seller to the buyer will be given to the buyer at the time of pick up.
(11.) Shipping is available and the sole responsibility of the buyer. Lucas Auction will be happy to transport items to the airport (locally), AFTER all paperwork, reservations, etc., have been made by the buyer. Contact Lucas Auction if you have questions on how and where to ship.
(12.) It is the buyers responsibility to know all federal and state laws in regards to transporting exotic birds.
(13.) Any legal action arising from transactions related to any auction conducted by Swico Software Solutions, will be conducted in Brazos 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.
(14.) These Terms and Conditions are subject to change at anytime and Swico Software Solutions 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 using the available links throughout the website.
(15.) Managed by Smith Auction Services, Ricky Smith, Auctioneer TXL#10319
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 the end of the auction and not after it leaves the premises. It is in your favor to inspect the merchandise beforehand and if there are any questions about the quality, size, age, etc., message Lucas Auction BEFORE the auction closes. Once it is closed, it is SOLD and it is YOURS!
ONLINE PRIVACY POLICY AGREEMENT
November 1, 2020
Lucas Auction values its users' privacy. This Privacy Policy ("Policy") will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Lucas Auction of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards. We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Lucas Auction decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner. This Policy applies to Lucas Auction , and it governs any and all data collection and usage by us. Through the use of www.lucasauctionsonline.com, you are therefore consenting to the data collection procedures expressed in this Policy. Please note that this Policy does not govern the collection and use of information by companies that Lucas Auction does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected. Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. This website collects various types of information, such as: · Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc. which may be used when you purchase products and/or services and to deliver the services you have requested. In addition, Lucas Auction may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service. Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested, and any additional uses specifically provided for on this Policy. Why We Collect Information and For How Long We are collecting your data for several reasons: · To better understand your needs and provide you with the services you have requested; · To fulfill our legitimate interest in improving our services and products; · To send you promotional emails containing information we think you may like when we have your consent to do so; · To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so; · To customize our website according to your online behavior and personal preferences. The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.
Use of Information Collected
Lucas Auction does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties. Lucas Auction may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.lucasauctionsonline.com Lucas Auction may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered. Lucas Auction uses various third-party social media features including but not limited to and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Lucas Auctions control. Disclosure of Information Lucas Auction may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
·in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of Smith Auction Services.
Non-Marketing Purposes Smith Auction Services greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Lucas Auction products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.
Children under the age of 13
Lucas Auction website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. Unsubscribe or Opt-Out All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to lucasauctionsonline@gmail.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Lucas Auction will continue to adhere to this Policy with respect to any personal information previously collected. Links to Other Websites Our website does contain links to affiliate and other websites. Smith Auction Services does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website. Notice to European Union Users Lucas Auction operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy. Your Rights as a Data Subject Under the regulations of the General Data Protection Regulation ("GDPR") of the EU you have certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.
· The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to smithauctionservices@gmail.com.
· The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
· The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to lucasauctionsonline@gmail.com.
· The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to smithauctionservices@gmail.com.
· The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at lucasauctionsonline@gmail.com.
· The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it.
To do this, please send an email to lucasauctionsonline@gmail.com. In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.lucasauctionsonline.com.
Security
Lucas Auction takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the webpage. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control. The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information. Acceptance of Terms By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.
How to Contact Us If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: lucasauctionsonline@gmail.com
Telephone Number: 979-406-0357
Mailing Address: Lucas Auction, 512 Wisconsin St., Houston, TX 77587
The data controller responsible for your personal information for the purposes of GDPR comp
