Disclaimer

This page labeled “Terms and Conditions” represents the Privacy Policy, Auction Listing Contract for sellers, and our site use policy all in one so when you agree to our “Terms and Conditions” you are agreeing to have read, understood and agreed to everything on this page or any information located on another website from any links on this page, and by registering, logging in, buying, selling, or communicating with us here, on text, phone, email, or on our social media accounts, you agree that you are will adhere to these agreements and policies. You also agree that these policies and contracts may be updated in the future with or without notice, but any updates to it will be listed here, or listed on the other webpage that links on this page (such as our Google drive folder). By registering on this site, WestKYAuctions.com or any partner site we may have, or by registering to buy or sell at any in-person auctions, sale, flea market, or other event we may have, you are legally entering into an agreement with us. You also hereby agree that you will not hold us liable for any mental or physical damages that may occur from you registering, buying or selling items with us. You agree we cannot be held liable for damages to items we may sell for you and will not be held liable if you are injured in anyway at the location, you bring items to us if you are a seller, or the location you pick things up at if you are a buyer. If you are a buyer and you either purchase an item with “Buy it now” or are the highest bidder, then you have just entered into a legally binding contract to pay for the item even if there are no other written buyer agreements yet. Once sellers have signed the Auction Listing Contract and Consignment Contract, they have entered into a legally binding agreement between them and T.J. McKinney aka SmartStuff2Buy LLC dba West KY Auctions. Sellers canceling a contract or auction listing before any bids are placed will be billed a cancelation fee per item that was to be listed. If the seller had multiple items of the same type (such as a lot of 10 exact knives) then the seller will have only 1 cancellation fee for that lot, plus 1 cancellation fee for each additional item or lot on that Consignment Contract. See “Fees” below for the cost of all fees. We reserve the right to have a “Bid Sniper Rules” which means if there is a bid in the last few seconds or minutes, we can extend the online auction automatically by up to 15 minutes. If the Auctioneer, a representative of the Auctioneer, or the Buyer can prove that the Seller or someone on their behalf is doing fake bidding just to increase the price, the Buyer has the right to cancel some or all of their bids without being penalized. The Seller may be restricted or banned depending on the severity or if there is sufficient proof that they knew it was happening. Sellers do NOT have the right to bid on their own items at WestKyAuctions.com online or in-person auctions, unless specifically stated in the description or verbally at an in-person auction. At this time, none of our auctions allow Sellers to bid on their own items. Kentucky auction law states that it is legal, if it is announced, but we decided not to allow it.

Privacy Policy

We will not share your email, address, phone number or any other information that you give us to any 3rd party unless there is a court order to do so (in the event there is an investigation from law enforcement about credit card fraud, identity theft, etc.). Our website, apps, plugins, or other software may save cookies on your device or save other information from your registration, login, logout, bidding, form submission, or general website activity so that it can provide services to you in the normal day to day operations of the website. To the best of our knowledge, the website, plugins or apps will not share your information with any other parties. We will not sell or give your phone, email, or address to any 3rd party for marketing or advertising. We will not send you advertising emails, phone calls or text messages unless you specifically agreed to receive such advertising. If you did agree to advertising on email, phone or text, we will not send more than once per week. We do reserve the right to email, text or call you at any time if we have a problem with your buyer or seller account.

Cookies:

When you use our website, small data files known as Cookies are placed on your computer or device for record keeping. Using Cookies allows us to track and measure your historic and current activity on our site. They also allow us to tailor certain elements of your site experience through understanding previous history and information you knowingly provided to us. Certain features or functions of our site are reliant on Cookies and may not function properly if they are disabled or declined. If you continue to use the website having seen this privacy policy on the website then we assume you are happy for us to use cookies. You are free to disable, decline or delete these Cookies from your computer or device if you’re able to do so. To manage your Cookie preferences, refer to your computer, device or browser settings.

Information We Automatically Collect:

In addition to the information provided directly to create an account and using services offered under our platform, we automatically collect information related to computer networking interfaces including your internal and external IP address, geo-location, hostname, as well as browser type and version. Along with computer networking interface information, we collect information about your computer or device including the type, the ID, computer and operating system (OS) usernames, and your home directory. We also gather details related to your OS including the version and patch level, details related to its architecture, time zone settings, and country. Hardware related information we collect includes the processor core, details related to available CPUs and screen sizing. When using certain applications on our site, we collect information related to Java runtime, vendor, version as well a JVM name and version.

Understanding How We Use Your Information:

The information you provide us with enables you to register with us and create an account on our platform. We use your information in such circumstances in respect of the performance of a contract with you and because it is necessary for our legitimate interests to obtain necessary information in order to provide our services. The information enables you to utilize our services, use and engage with the platform, register for events, bid at auctions, engage with Buyers & Sellers (including when participating in and being unsuccessful in an auction) and complete transactions with Buyers & Sellers. We use your information in such circumstances in respect of the performance of a contract with you and because it is necessary for our legitimate interests for running our business and the platform; to provide you with services requested; and, in the case of disclosing information to Sellers when you have been unsuccessful in their auction event, ensures that you continue to best benefit from using the platform. The information you provide lets us know who you are, how to contact you and any preferences you have provided around language, and consumer interests specific to our site. We also use the details you provide us with for internal auditing and reporting purposes and so that we can analyze how our services are being used. The information you supply to us provides you with a mechanism for receiving or requesting information from us related to your WestKYAuctions.com account. We also use the information to provide support related to your account and any associated activity. Relevant contact details may be shared between Buyers and Sellers to exchange communications to complete transactions. Communications refer to emails, phone calls or other electronic formats such as text messaging or site-based messaging centers. The highest bidder, with a successful payment transaction will receive the Seller’s name and phone number upon request. The Seller may receive the highest bidder’s name and phone number also upon request (after the bidder’s successful payment). A “successful payment” is one that has been made without the appearance of fraud or chargebacks. If buyers and sellers meet up at our in-person storage site, or at our in-person auction, or that has met in our chatroom or social media post in one of our social media pages, groups or channels, communicate to do a sale between the two and decide to skip the West KY Auctions auction listing process, we ask that the seller willingly pays WestKYAuctions.com a 10% finder’s fee for helping bring the two together. An absentee bid may be placed by submitting a form in person or online by a bidder, which usually grants an auction staff member or the auctioneer to bid on their behalf, no higher than the top amount of the absentee bid. These are also called “commission,” “order,” “written,” or “proxy” bids. This will only be done in rare circumstances if the buyer is having technical difficulties placing a bid or creating an account at WestKYAuctions.com. If an absentee bid is placed, it will only be done by the Auctioneer and it will be shown on the auction item’s description in full transparency.

Auction Listing Contract

Sellers: You must read, agree, print & sign the Auction Listing Contract here:

https://docs.google.com/document/d/1gKL4vX7UQBKeKA7AsIxuzud64yHG9krL45Jm4NfXZ6s/edit?usp=sharing

If you have already signed the Auction Listing Contract in-person when dropping off your items, then there is no need to sign it again (unless there is an updated version) but if you have not signed it, please print & sign it, then mail to:

West KY Auctions

PO Box 71

Sedalia, KY 42079

We do not have an online, digital signature version available at this time. By registering, you technically agree to the Auction Listing Contract and all other information within this Terms and Conditions page at https://WestKYAuctions.com/terms-and-conditions but we would like to have a hard copy on file please.

Consignment Contract

Sellers must also sign a Consignment Contract (they will sign this when they drop off the items), which lists all items we are going to sell for them. Sellers must sign a new Consignment Contract for each time they bring us items to sell. If the seller marks that we can relist the items if they don’t sell, then we will not require a new signed Consignment Contract to be signed for relisting purposes since we will not meet the seller in person for relisting (unless any part of the auction has changed such as the description, price or pictures). Sellers must sign a new Auction Listing Contract each time that they drop items off, just to be sure we have the most up-to-date version on file with their signature. Our Auctioneer, Clerk, or other representative will also sign the contract and give a copy to the Seller. Even if we try to sell the items in non-auction locations (eBay.com, Amazon.com, Walmart.com, Facebook.com, Twitter.com, our website’s “online shop,” or any other website or in-person location (such as a flea market, thrift store, pawn shop, fundraising event, etc.), then the Auction Listing Contract and the Consignment Contract will still be valid and the seller will still be required to pay commission fees from sales that we make for them. Sellers hereby give us permission to sell their items in online auctions but also in any other location or format that we choose and will agree to the same terms and conditions that they have agreed to on this page.

The Consignment Contract lists in details the Seller’s name, address, phone number, email address, Auction Listing Contract’s id number, Consignment Contract’s id number, the number of items being sold, the title and description of the items being sold, the reserve prices of items being sold (if any), the buy it now price (if any), and the approximate value of the items (if known, for insurance purposes since we are storing the items for the seller). The Consignment Contract will have the date and time when the Seller dropped off the items, along with the name and address of the storage area. The Consignment Contract will list the name of the Auctioneer and the Auctioneer’s license number and will list the name of the person that accepted the item(s) with their signature and the date accepted. This will be the Auctioneer, Sales Rep, Clerk, or someone else acting on our behalf such as a local business owner, partner, or representative that will securely store the items. Whoever accepts the item(s) will also list their phone number and email address, so all parties have this information. The Consignment Contract will list the exact day and time, or approximately when the online or in-person auction will start and end. All times in the Consignment Contract will be listed as Central Standard Time even if it’s not specifically labeled as such. The Consignment Contract will have a section for the seller to check if they want us to relist the item if it doesn’t sell the first time. If they select to relist it, we will relist it again for 30 days and bill them a relisting fee each time. If they chose a reserve price the first time and chose for us to relist it if it doesn’t sell, we will also bill them for the reserve fee each time it’s relisted. If a Seller does not want the reserve fee added for future relisting, they can contact us, and we will take that off. If a Seller pays for a reserve fee, and the item sells, we will reimburse the reserve fee. If the item has been relisted more than once and it finally sells, we will only reimburse the reserve fee for that specific auction and not previous auctions that contained the reserve fee. For fee costs see “Fees” below.

FEES:

Buyers:
10% Buyer’s Premium will either be added at checkout, or will be billed to you within 7 days after you have won and paid for the auction. The Buyer’s Premium is not part of the seller’s fees, it is a fee we charge to help us run the auction business. The Auctioneer receives the Buyer’s Premium, not the seller.

Sellers:
The selling fees are listed on the About Page of this site and may change with or without notice. A new contract is required between the Auctioneer and Seller if we make updates to the fees. Here is an example of a seller fee: If we charge a $1 listing fee and you have 1 lamp, the fee is $1 (plus commission). If you have 1 listing with 10 identical lamps, it is only a $1 fee (plus commission).

We may charge a reserve price fee, a buy-it-now fee, a monthly membership fee, a re-listing fee. These fees will be posted on the About Us page on our site.

Refunds

We will not give refunds for reserve price fees, buy-it-now fees, membership fees, or re-listing fees (unless there is a glitch/error on our site.


This Terms and Conditions page last updated 734am Jan 10, 2023

T.J. McKinney – Kentucky Principal Auctioneer – Lic. # 257043
Aka SmartStuff2Buy LLC
Dba West KY Auctions
PO BOX 71
Sedalia, KY 42079

Email: westkyauctions@gmail.com
Phone: 502 six eight two 7777