Buyers Terms & Conditions

FAVOR Auction – Terms and Conditions for Online Bidding Auction

Last updated: February 24,2026

These Terms and Conditions (“Terms”) govern your use of the online auction services provided by FAVOR Auction (“FAVOR Auction”, “Company”, “we”, “us”, or “our”) through [Website/App URL] (the “Platform”). By registering, accessing, or using the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

Definitions

1.1 “Auction” means any online or live sale process conducted by FAVOR Auction where users place bids on Lots.

1.2 “Lot” means any item or group of items offered for sale in an Auction.

1.3 “Bidder” means any registered user who places or attempts to place a bid on a Lot.

1.4 “Buyer” means the highest Bidder whose bid is accepted, or any Reserve/Backup Buyer who accepts an offer under Section 8, and who is obligated to complete the purchase.

1.5 “Seller” means the owner of a Lot or the party authorized to sell a Lot via the Platform. The Seller may be a third party or FAVOR Auction itself.

1.6 “Reserve Price” means the confidential minimum price, if any, at which a Lot may be sold.

1.7 “Hammer Price” means the highest bid accepted at the close of an Auction.

1.8 “Buyer’s Premium” means the additional fee payable by the Buyer to FAVOR Auction on top of the Hammer Price. Unless otherwise stated, the Buyer’s Premium is ten percent (10%) of the Hammer Price.

1.9 “Seller’s Premium” or “Commission” means the fee payable by the Seller to FAVOR Auction, calculated as a percentage of the Hammer Price. Unless otherwise agreed in writing, the Seller’s Premium is ten percent (10%) of the Hammer Price.

Eligibility & Registration

2.1 You must be at least 18 years old and have full legal capacity to enter into binding contracts.

2.2 You must create an account on the Platform, provide accurate and complete information, and keep it updated.

2.3 We may require identity verification (e.g., government ID, proof of address, payment verification) before allowing bidding.

2.4 FAVOR Auction reserves the right to accept or reject any registration, and to suspend or terminate any account, at our sole discretion.

User Account & Security

3.1 You are responsible for maintaining the confidentiality of your login details and for all activities under your account.

3.2 You must notify us immediately of any unauthorized use of your account or any security breach.

3.3 FAVOR Auction is not liable for any loss or damage resulting from unauthorized use of your account, unless caused by our negligence or willful misconduct.

Auction Process

4.1 Auction format

– Auctions may be conducted as timed online auctions, live auctions with online bidding, or hybrid formats, as specified on the Platform.

– FAVOR Auction may adjust the format, rules, or timing of any Auction at any time.

4.2 Bidding

– By placing a bid, you make a legally binding offer to purchase the Lot if your bid is accepted.

– Bids cannot be withdrawn or cancelled except where required by law or expressly permitted by FAVOR Auction.

– FAVOR Auction may set minimum bid increments, starting bids, and Reserve Prices at its discretion.

– Automatic or “proxy” bidding systems may be used, as described on the Platform.

4.3 Reserve Price

– Lots may be subject to a Reserve Price.

– If the highest bid does not meet the Reserve Price, the Lot may remain unsold at the discretion of FAVOR Auction and/or the Seller.

4.4 Closing of Auction

– Each Auction or Lot will close at the time indicated on the Platform, subject to any extensions (such as “soft close” or “anti-sniping” extensions).

– Subject to any Reserve Price and confirmation by FAVOR Auction and/or the Seller, the highest valid bid at the closing time (or extended closing time) will normally be the winning bid.

– FAVOR Auction may, at its sole discretion, void, reopen, or re-run an Auction or individual Lot in case of technical issues, suspected fraud, obvious errors, or other issues.

Contract Formation & Role of FAVOR Auction

5.1 Subject to these Terms and confirmation by FAVOR Auction and/or the Seller, a binding contract of sale is formed between the Buyer and the Seller when:

(a) the Auction for a Lot closes; and

(b) the Buyer’s highest bid is accepted, or the Buyer accepts an offer as a Reserve/Backup Buyer under Section 8.

5.2 FAVOR Auction may, for some Lots, act as agent for independent Sellers and, for other Lots, act as the Seller (when FAVOR Auction owns the merchandise). Where appropriate, the Lot listing may identify whether FAVOR Auction is acting as agent or as Seller.

5.3 Except where FAVOR Auction is explicitly named as the Seller of a Lot, FAVOR Auction is not a party to the contract of sale between the Buyer and the Seller and is not responsible for the performance of either party.

5.4 FAVOR Auction reserves the right to refuse to accept any bid or to cancel a winning bid where there are reasonable grounds (including but not limited to error, fraud, or non-compliance with these Terms).

Prices, Fees & Taxes

6.1 The Buyer agrees to pay:

– the Hammer Price;

– the Buyer’s Premium (normally 10% of the Hammer Price, unless otherwise stated for that Auction or Lot);

– applicable sales tax, use tax, or other taxes; and

– any additional charges specified in the Auction terms or Lot description (such as handling or storage fees).

6.2 The Seller agrees to pay:

– the Seller’s Premium / Commission (normally 10% of the Hammer Price, unless otherwise agreed in a written Seller or Consignment Agreement); and

– any other fees or costs specified in the Seller’s agreement (for example, advertising, cataloging, removal, disposal, or storage fees).

6.3 All amounts are in [Currency] unless otherwise stated.

6.4 FAVOR Auction may update fees and charges at any time. The applicable fees will be those displayed or disclosed at the time of the Auction or in the Seller’s written agreement.

Payment Terms

7.1 Payment deadline

Payment in full for all Lots you have won is due within two (2) days of the end of the Auction, unless a different deadline is clearly stated on your invoice or for a specific Auction.

7.2 Payment methods

Accepted payment methods will be listed on the Platform and/or invoice (such as cash at pickup, credit/debit card, bank transfer, or approved online payment services).

7.3 Deposits / pre-authorization

FAVOR Auction may require a deposit, hold, or pre-authorization before allowing bidding on certain Auctions or Lots.

7.4 Late or non-payment

If you fail to pay in full within the required period, FAVOR Auction may, without limiting any other rights or remedies:

– charge late fees and/or interest at the maximum rate permitted by applicable law;

– charge storage or handling fees;

– cancel the sale and resell the Lot (by Auction or private sale);

– suspend or terminate your bidding privileges and/or account; and/or

– pursue collection and legal action to recover amounts due, including reasonable attorney’s fees and collection costs where allowed by law.

Default by Buyer; Reserve / Backup Buyer

8.1 If a Buyer fails to:

– pay in full within the required time; or

– collect the Lot within the stated pickup period;

FAVOR Auction may, without limiting any other rights or remedies:

– cancel the sale;

– retain any deposit or partial payment;

– charge late fees, storage fees, and/or interest as allowed by law;

– resell the Lot (by Auction or private sale); and/or

– offer the Lot to the next highest bidder (“Reserve Buyer” or “Backup Bidder”) at that bidder’s last bid amount.

8.2 If FAVOR Auction offers the Lot to a Reserve/Backup Buyer and the Reserve/Backup Buyer accepts within the time specified by FAVOR Auction, then:

– a binding contract of sale is formed between the Reserve/Backup Buyer and the Seller (or FAVOR Auction, if we are the Seller), on the same terms that would have applied to the original winning bidder; and

– the Reserve/Backup Buyer is deemed the Buyer for all purposes of these Terms, including payment of the Hammer Price, Buyer’s Premium, applicable taxes, and compliance with pickup and other rules.

8.3 FAVOR Auction is under no obligation to offer any Lot to a Reserve/Backup Buyer and may instead resell the Lot, withdraw it, or handle it in any other lawful manner in its sole discretion.

8.4 To the extent permitted by law, any shortfall between the original Hammer Price and the resale price (plus related costs, fees, and damages) may be recovered from the original defaulting Buyer.

Collection, Pickup & Risk

9.1 No shipping – pickup only

FAVOR Auction does not provide shipping. All items are pickup only at or from 1750 Hwy 95, Rock Spring, GA 30739, 1705 Hwy 95, Rock Spring, GA 30739, or another location specifically designated in the Auction terms, Lot description, or your invoice.

9.2 Buyer responsibility for removal

The Buyer is responsible for: arranging pickup within the times stated in the Auction terms or on the invoice; bringing adequate labor, tools, vehicles, and equipment to safely load and remove items; and avoiding damage to buildings, grounds, or other property during removal.

9.3 Transfer of risk

Risk of loss or damage to a Lot passes to the Buyer when the Lot is collected by the Buyer or the Buyer’s agent at the pickup location.

9.4 Transfer of title

Ownership (title) to a Lot does not pass to the Buyer until FAVOR Auction (or the Seller, as applicable) has received full payment in cleared funds for the Lot, including Buyer’s Premium, taxes, and any additional charges.

9.5 Any dates and times for pickup are estimates and may be subject to change. Failure to pick up within the specified time may result in storage fees, forfeiture, or other actions under these Terms.

Descriptions & Condition of Lots

10.1 All Lots are sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS,” unless expressly stated otherwise or required by applicable law.

10.2 Descriptions, photographs, videos, and other information about Lots are provided as a general guide only and may not be complete, current, or free of error.

10.3 The Buyer is responsible for examining and investigating Lots before bidding, including attending any preview/inspection periods and/or requesting additional information or condition reports where available.

10.4 To the fullest extent permitted by law, FAVOR Auction and the Seller (including where FAVOR Auction itself is the Seller) disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.5 Any statements by FAVOR Auction or the Seller regarding the Lot (including age, condition, origin, authenticity, mileage, hours, or fitness) are statements of opinion only and not warranties or guarantees, unless explicitly stated in writing to be a warranty.

Cancellations, Returns & Refunds

11.1 Once a Lot is sold, the sale is final and binding, subject only to:

– any non-waivable rights you may have under applicable law; and

– any specific return or refund policies explicitly stated in the Auction terms or Lot description.

11.2 If a sale is cancelled due to the Buyer’s breach (including non-payment, late payment beyond any grace period, or failure to pick up), FAVOR Auction may:

– retain any deposit or partial payments;

– resell the Lot (by Auction or private sale);

– recover from the Buyer any shortfall between the original Hammer Price and the resale price, plus Buyer’s Premium, fees, costs, and damages; and/or

– charge storage, handling, or disposal fees.

11.3 If a sale is cancelled by the Seller or FAVOR Auction due to a material error, legal issue, or other reason beyond the Buyer’s control, FAVOR Auction may refund amounts paid by the Buyer for that Lot. Such refund is normally the Buyer’s sole remedy, and FAVOR Auction is not liable for indirect or consequential losses.

User Conduct

12.1 You agree not to:

– interfere with, manipulate, or attempt to influence the bidding process (including shill bidding or collusion);

– use bots, scripts, or unauthorized automated systems to bid or access the Platform;

– post or transmit false, misleading, abusive, or defamatory content;

– upload or transmit viruses, malware, or other harmful code; or

– engage in any activity that disrupts, overloads, damages, or impairs the Platform or its infrastructure.

12.2 FAVOR Auction may investigate suspected violations and may take any appropriate action, including but not limited to cancelling bids or sales, suspending or terminating accounts, and pursuing civil or criminal remedies where applicable.

Intellectual Property

13.1 All content on the Platform, including but not limited to text, images, photographs, graphics, logos, trademarks, audio, video, and software, is owned by or licensed to FAVOR Auction and is protected by intellectual property laws.

13.2 You may not copy, reproduce, modify, distribute, publish, transmit, display, perform, or create derivative works of any part of the Platform or its content without our prior written consent, except as permitted by applicable law.

Privacy & Data Protection

14.1 Your use of the Platform is subject to our Privacy Policy, available at [Privacy Policy URL].

14.2 By using the Platform, you consent to our collection, use, storage, and disclosure of your personal data as described in the Privacy Policy.

14.3 You must comply with all applicable data protection and privacy laws when using the Platform, including with respect to any personal data you may obtain about other users.

Limitation of Liability

15.1 To the fullest extent permitted by law, FAVOR Auction is not liable for:

– any indirect, incidental, special, punitive, or consequential damages;

– any loss of profits, revenue, data, goodwill, or business opportunities; or

– any loss or damage arising out of or in connection with your use of or inability to use the Platform; errors, interruptions, delays, or technical issues; the actions or omissions of Sellers, Buyers, shippers, or other third parties; or the condition, quality, description, or performance of any Lot.

15.2 Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Platform shall not exceed the total fees (excluding Hammer Price amounts) you paid to FAVOR Auction in the twelve (12) months preceding the event giving rise to the claim, or such minimum amount as required by applicable law.

15.3 Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including (where applicable) liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

Indemnity

16.1 You agree to indemnify and hold harmless FAVOR Auction, its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to your breach of these Terms, your use or misuse of the Platform, your violation of any law or regulation, or your violation of any third‑party rights.

Suspension & Termination

17.1 FAVOR Auction may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law, or if your conduct may harm FAVOR Auction, other users, or third parties.

17.2 Upon termination, your right to use the Platform will cease immediately, but any obligations incurred before termination (including payment for Lots won and indemnity obligations) remain in effect, and any rights or remedies that accrued prior to termination remain unaffected.

Changes to Terms & Platform

18.1 FAVOR Auction may modify these Terms at any time. Updated Terms will be posted on the Platform with an updated “Last updated” date.

18.2 Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.

18.3 FAVOR Auction may modify, suspend, or discontinue any part of the Platform at any time without liability to you.

Governing Law & Jurisdiction

19.1 These Terms are governed by and construed in accordance with the laws of the State of Georgia and, to the extent applicable, the federal laws of the United States of America, without regard to conflict‑of‑law principles.

19.2 Any disputes arising out of or in connection with these Terms or the Platform will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Walker County, Georgia, except where mandatory law provides otherwise.

Dispute Resolution (Optional)

20.1 Before commencing court proceedings, the parties will attempt to resolve any dispute informally in good faith.

20.2 If the dispute is not resolved within thirty (30) days, the parties may agree in writing to refer the matter to mediation or arbitration in a mutually agreed location, under the rules of a mutually agreed mediation/arbitration body.

20.3 This clause does not prevent either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

Miscellaneous

21.1 Entire agreement: These Terms, together with any documents or policies incorporated by reference (including any Seller Consignment Agreement and our Privacy Policy), constitute the entire agreement between you and FAVOR Auction regarding your use of the Platform.

21.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

21.3 No waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

21.4 Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. FAVOR Auction may assign or transfer its rights and obligations under these Terms without restriction.

21.5 Notices: Notices to you may be given via email, through the Platform, or to the contact details you provide. Notices to FAVOR Auction must be sent to the contact details below.

Contact Us

FAVOR Auction

1750 Hwy 95

Rock Spring, GA 30739

Phone: 706-996-3308

Email: becky@favorauction.com

Website: https://www.favorauction.com