Privacy/Terms & Conditions

Terms & Conditions

Effective Date: 12/30/25

BY REGISTERING AND BIDDING, THE BIDDER/BUYER (“YOU”) ACKNOWLEDGES AND AGREES THAT THEY HAVE READ, UNDERSTOOD, AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS, PRIVACY POLICY, AND COMMUNICATION CONSENTS.

PART I: AUCTION TERMS AND CONDITIONS

1. REGISTRATION AND BIDDING

• Eligibility: Bidders must be 18 years of age or older. All information provided during registration must be current, complete, and accurate.

• Responsibility: All bids placed under your bidder number are your sole responsibility. Carefully review every bid; once submitted, bids cannot be retracted.

• Credit Card Verification: A $1.00 authorization charge may be placed on your credit card by the platform to verify validity; this is reversed within 24 hours.

2. "AS-IS" SALES AND DISCLAIMERS

• No Warranties: All property is sold AS-IS, WHERE-IS. Dizzy Creek LLC and its consignors make no warranties of merchantability, fitness for a particular purpose, or authenticity.

• AI Disclosure: Some lot descriptions may be generated with AI assistance. While we strive for accuracy, neither the Seller nor Dizzy Creek LLC is responsible for errors in AI-generated content.

• Due Diligence: It is the bidder’s responsibility to determine condition. For questions, call 423-605-0050 or email info@dizzycreek.com prior to bidding.

• Authenticity: Though all descriptions are believed to be correct, neither auction house nor seller/client/consignor makes any warranties of any kind with respect to the property and in no event shall be held responsible for having made or implied any warranty of description, genuineness, authorship, attribution, provenance, period, culture, source origin, fitness for a particular purpose, condition etc.

• Disputes and Governing Law: Jurisdiction: These terms and all auction transactions are governed by the laws of the State of Georgia. The parties agree that all agreements are entered into in Ringgold, Georgia, and any legal actions shall be brought in the courts of Catoosa County, Georgia.

3. PAYMENT AND DEBT COLLECTION

• Final Sale: Placing a winning bid creates a legally binding contract under Georgia law. All sales are final.

• Payment: Full payment is due within 72 hours of auction close. All bids and credits in this sale will be made in United States Dollars.

• Buyer’s Premium: 15% added to the hammer price.

• Processing Fee: 4% credit card processing fee.

• Sales Tax: 7% Georgia State sales tax applies unless a valid Tax Exempt Certificate is provided at least three (3) business days PRIOR to bidding.

• Declined Payments: Credit cards declined on reconciliation day will incur a $25.00 processing fee.

• Chargebacks: Chargebacks are strictly prohibited. You agree to accept all charges placed on your card associated with your winning bids.

• Collections: In the event of non-payment, you expressly authorize Dizzy Creek LLC to contact you via telephone, email, and SMS/MMS regarding unpaid balances, including through automated dialing systems, as permitted under Georgia law and the TCPA. Bidder understands and agrees that unpaid balances may be referred to a third-party collection agency or legal counsel, and that Bidder may be responsible for reasonable collection costs, court costs, and attorney’s fees as allowed by law. Nothing herein shall be construed as a waiver of Bidder’s rights under applicable state or federal debt collection laws.

4. CONDUCT OF SALE

• Dynamic Closing: Auctions feature a staggered, dynamic closing. Bidding will extend on a per-lot basis if a bid is placed within the final minute.

• Auctioneer Rights: Dizzy Creek LLC reserves the right to add/remove items, split/combine lots, set reserves, or cancel/reschedule any auction event at its discretion. The auctioneer and her family have the right to bid on items and will be subject to the same terms and conditions. There may be times when the auctioneer has some of their personal items in an auction. This will be disclosed in the auction description.

• Technical Failure: Dizzy Creek LLC is not liable for internet failures, power outages, or system complications before, during, or after the auction.

5. PICKUP, SHIPPING, AND ABANDONMENT

• Pickup: You are responsible for safe removal, tools, and labor. You are liable for any damage to the premises caused during pickup.

• Storage: Uncollected items incur fees of $5.00 to $30.00 per day starting 72 hours after auction close.

• Abandonment: Items not collected during published times (without approved alternate arrangements) are considered abandoned and become the property of Dizzy Creek LLC without refund.

• Shipping: Shipping is at our discretion (U.S. only). Handling fees of $5–$10 apply plus carrier costs will be added to total invoice once packaged and weighed. We are not responsible for lost or damaged items.

Part II: PRIVACY POLICY

This Privacy Policy describes how Dizzy Creek LLC (“Company,” “we,” “us,” or “our”) collects, uses, discloses, and safeguards personal information obtained through our auction platform and related services.

1. INFORMATION WE COLLECT We collect personal information you voluntarily provide, including your name, address, email, phone number, billing information, government-issued ID (if required), and bidding history. We also collect automated data such as IP addresses and device data for security and fraud prevention.

2. HOW WE USE YOUR INFORMATION We use your information to administer auctions, verify bidders, process payments, communicate auction activity, enforce our Terms & Conditions, and comply with Georgia and federal law.

3. SMS / MMS MESSAGING & TCPA CONSENT By providing your mobile phone number and affirmatively opting in (including via checkbox, electronic form, or account registration), you expressly consent to receive SMS and/or MMS messages from us, including messages sent using automated technology, as permitted under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.

• Content: Messages include auction reminders, outbid notices, winning bid notifications, invoices, and shipping updates.

• Opt-Out: Consent is not a condition of purchase. You may revoke consent at any time by replying STOP. For assistance, reply HELP.

• Mobile Privacy: We do not sell or share mobile phone numbers with third parties for marketing purposes.

4. SHARING AND DISCLOSURE We do not sell or rent personal information. Information is shared only with service providers (payment processors, shipping carriers), legal authorities when required, or in connection with a business transfer or collection action.

5. SECURITY AND RETENTION We implement reasonable safeguards but cannot guarantee absolute security. Information is retained as necessary for transactions, recordkeeping, dispute resolution, and compliance with Georgia law.

6. GOVERNING LAW This Privacy Policy and all auction transactions are governed by the laws of the State of Georgia.

PART III: CONTACT INFORMATION

Dizzy Creek LLC 325 Wolfe St. Unit 313, Cohutta, GA 30710 Phone: 423-605-0050 Email: Info@DizzyCreek.com

CONSENT AND ACCEPTANCE

I have read and agree to the Dizzy Creek LLC Auction Terms & Conditions and Privacy Policy. By checking the “I agree to the terms and conditions” when registering on Hibid.com, https://dizzycreekllc.hibid.com/ I provide my express written consent to receive SMS/MMS messages and emails from Dizzy Creek LLC regarding auction activity, auction reminders, outbid notices, winning bid notifications, invoices, payment reminders, pickup/shipping updates, and account-related communications, account notices, and debt collection (if applicable) at the phone number and email address provided during registration.