Revised Terms of Service (effective March 1, 2024)
Important things to remember:
Deadlines: You must pay ALL invoices and pick up ALL auction items within five (5) business days of an auction closing.
Pickups: We do not allow partial pick-ups; please plan accordingly and ensure your vehicle is large enough to accommodate all of your auction items.
Bidding: Bidding on any item is legally binding. If you bid and win you are agreeing to pay for the item. If you have questions; ask before you bid.
All Sales Are Final: All sales are final and sold as-is, unless noted otherwise (please see full terms for more details)
Fees: A 13% Buyer’s Premium & 8.25% Sales Tax is added to every item won. You will see those fees itemized on every invoice. Failure to pay for and/or pick up your items before the 5-day deadline will result in a 30% restocking fee, which must be paid before you may continue bidding on the auction.
Pickup Process: Invoices are fulfilled for pickup in the following priority: 1) Scheduled appointments 2) Small orders 3) Large orders (over 10 items). We highly recommend scheduling an appointment to avoid long wait times.
Account Suspension: Failure to abide by the terms of service at Rio Grande Trade, including the payment and pickup deadline of five days, may result in the suspension of all current and future bidder accounts associated with that user.
Full Terms of Service (Effective March 1, 2024):
Registration: To gain access to the Rio Grande Auctions bidding system; you must first register for a free account and obtain a bidder number. You must be 18 years old or older to register. By registering, you are agreeing that all information you provided is true and accurate, and risk indefinite suspension from participating in our auctions should you provide false information. Registration is free; there is no membership fee. A credit card is not required to sign up for an account, however you will be required to add a verified payment method before you are able to bid on an auction.
Public Online Auction: This is an online auction. The highest online bid at the time the auction lot closes will be the winning bid for the lot. By placing a bid, you acknowledge and agree to all of the terms and conditions set forth by Rio Grande Trade. Your bid is a legally binding agreement to purchase the item if you are the highest bidder. If a bid is placed within the last 30 seconds before the closing of an auction lot, the auction bidding time will be extended by an additional 30 seconds. Be prepared to bid accordingly. We reserve the right to adjust these settings at any time in order to provide the best online auction experience for our users. This is a public auction and not a retail service. All sales are final. All sales are “as is” and without any warranty whatsoever. No returns or refunds are accepted unless otherwise noted in our return policy.
Auction Format: This is an internet-only auction. All bidding is online. No bids can be placed in person. Lots (individual items and/or groups of items for sale within a single auction) will close approximately every 10 seconds, giving you the opportunity to follow multiple items in the same auction. The auction uses a soft close, which provides a more authentic auction atmosphere. That means that lots will remain open for 30 seconds after the latest bid. Bidding will continue until a lot has not received any further bids for 30 seconds. The highest bidder wins the lot.
Bidding: Be very careful when bidding on a lot. Your bid is a binding agreement to purchase that lot at the bid price. Bidding starts at $1 on all lots and bids can be increased in increments of $1. You may enter a “max bid” that allows you to let the system bid on your behalf. If you have placed a Max Bid, your bids will only be increased if another active user is bidding on the same item. Bids/Max Bids cannot be changed once placed except under the exception outlined herein. Please immediately review your bids once submitted. If you mistakenly placed your bidder number in the bid field or accidentally missed a decimal point when bidding (i.e. you meant to bid $2.00 and instead bid $200) you must IMMEDIATELY contact us (we must have your request in writing). We will not reverse bids after the auction has begun to close, NO EXCEPTIONS.
Valid Credit/Debit Card on File: Bidders must maintain a valid payment method on their bidding account. Invalid or fraudulent credit cards may result in a buyer being banned from participating in future auctions with Rio Grande Trade Auctions.
Payment Method Pre-Authorization: When adding a payment method to the auction platform, an authorization (also known as a "hold" or "pre-authorization") credit in the amount of $1 may appear on the credit card. This amount is not actually charged to the card, but it is held against the card's available credit so that the amount remains available to the authorizing merchant to charge. Depending on the credit card's issuing bank, an authorization will expire (automatically release) after 1-8 business days. An authorization might show on your card statement or mobile app as a "Pending" charge, or it might not show at all.
Sales Tax: Sales Tax in the amount of 8.25% of the total purchase (bid plus buyer's premium) is applied to the winning price of the item, when applicable. Those with tax-exempt status may contact us and provide the necessary documents to remove sales tax for applicable items. If applicable, sales tax is applied to the total order.
Buyer’s Premium: Unless otherwise specified in the auction or lot description, all Rio Grande Trade auctions are subject to a 13% buyer's premium. The buyer’s premium will be added to your invoice for all winning lots. Please ensure you factor in the buyer’s premium as you place your bids and bid accordingly. The buyer's premium is an additional charge added onto the final winning bid of each lot. Buyer’s premiums are standard with most auctions (live and online) in the US. It helps cover the administrative costs of running the auction, credit card processing fees, and allows us to reinvest in continued improvements in the auction platform and processes.
Auction Preview: We are not currently providing in-person previews. If you have any questions about a lot, please reach out through our Contact Us page or look for the question mark icon on the lot detail page to request additional information. Please note that items are sold as-is and they are untested/uninspected unless otherwise specified in the title.
As-Is Condition: Unless otherwise specified in the lot title, all lots are offered and sold "AS IS" condition with all faults known and unknown. All warranties, including implicit warranties, are explicitly disclaimed herein. Known defects will be added to the lot description, however not every item is tested and/or inspected. Some items may be in perfect condition (unused) and other items may be used and/or may have defects. Please refer to our return policy below. We do not auction expired infant formula; however other items including food items may be near or past their “Best by” or “Sell by” dates. On occasion, a specific condition may be added to the item title. The definition of those conditions are as follows:
Errors & Discrepancies: All titles and descriptions are believed to be accurate and written to the best of our knowledge but may contain inaccuracies or errors. Titles and descriptions are not warranted nor do they imply any warranties. Measurements and counts are approximate. Questions are welcome and encouraged before bidding. Bidding on an item is a binding agreement to purchase that item irrespective of any errors in titles or descriptions. All items are store returns/liquidations and have absolutely no guarantee whatsoever. Most items are not opened or inspected for accuracy or damages. These items you buy at your own risk. See our return policy for additional information.
Photos & Images: Whenever possible, the photos used on the auction site are photos taken on-site of the exact item you are purchasing. Make sure to inspect ALL AVAILABLE PHOTOS of the item you are bidding on and additional details of the actual items featured in the auction. Occasionally stock photos may be included on a listing. Stock photos are not an exact representation of the items you are receiving. There may be variations in color/model/condition between the stock photos and the item featured on the auction. Stock images are used in cases when an item requires assembly and/or the packaging doesn’t have a clear representation of the item or its use.
Invoicing: Winning bidders will receive an invoice listing the items won within one hour after the auction has fully closed and your default payment method on file will automatically be charged for the full amount of the invoice. Each auction is invoiced separately after the close of the last auction lot. If you did not receive an invoice after the close of an auction, you were most likely outbid and did not win any items on that auction.
Payment: In the event that we are unable to charge the payment method on file for the full amount due, payment in full is due within five business days of the close of each auction. The five business days begin on the business day after the auction closes. We currently accept Visa, Mastercard, American Express, and Discover. At this time we DO NOT accept cash, check, or digital cash transfers (such as CashApp, Venmo, or Paypal). Payments can be made online through our bidding platform or may be made in person at the time of pickup. Users who fail to pay auction invoices by the due date will have their bidder account immediately suspended and they will be charged a restocking fee of 30% of the invoice total. That 30% restocking fee must be paid in full in order to remove the account suspension. Multiple infractions will result in permanent suspension of all current and future bidder accounts associated with that user.
Item Pickup: Items may be picked up starting the first business day after the auction has ended and must be picked up no later than five business days after the auction ends. If your pickup date falls on a holiday when our warehouses will be closed, you have until the following business day to pick up your items. Our warehouse currently observes the following holidays; New Years Day, Good Friday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, and Christmas Day.
Items must be paid in full before pickup. We do not allow partial invoice pickups. All items must be picked up and removed from the building on the same business day. You are required to present valid ID and may be asked for a copy of your paid invoice (either printed or digital) at the time of pickup. In order to pick up, you must arrive at least 10 minutes prior to our scheduled close time at 6pm (must arrive by 5:50pm). Customers who arrive in the last 10 minutes of business hours may be turned away. For your convenience, we do offer scheduled pickup times. If you schedule a pickup, our staff will have all of your paid invoice items pulled and ready to go upon your arrival. Please note, unpaid auction items will not be pulled even for a scheduled pickup. Our available pickup times are as follows:
Monday through Friday: 11am - 6pm (Must arrive by 5:50 pm)
Pickup Location: All items can be picked up from Rio Grande Trade (Rio Grande Auctions) at 2111 Wyoming Ave, El Paso, TX 79903. Click here for a map to the pickup location. We do NOT provide shipping services on any items at this time. Items must be physically picked up within five business days after the closing of the auction. See “Failure to Pickup Notice” for additional details.
Failure to Pickup Notice: Rio Grande Trade will not be able to hold any items for pick up beyond the stated times. Everything must be picked up by close of business on the 5th business day after the close of the auction. There is a 30% non-pick-up/relisting fee for orders not picked up and will forfeit their right and claim to the property that has not been paid for if not picked up within five business days of the close of the auction unless otherwise specified. If the buyer has already paid for the item in question, you will receive a partial refund in the amount of the purchase less the 30% relisting fee. Please refer to our payment and item pickup policies for further details. In addition to the restocking fee, failure to pick up your order may result in a temporary ban on your user account. Multiple infractions will result in permanent suspension of all current and future bidder accounts associated with that user.
Returns: We strive to be your trusted auction source for local auctions on store returns and overstock items. This policy only applies to items purchased at riograndeauctions.com. Rio Grande Trade does NOT accept returns on auction items unless the item is significantly not as described (significant discrepancy) between the item received at pickup and the photo/title/description of the auction lot. “Significantly not as described” (Significant discrepancy) is defined at the sole discretion of the Rio Grande Trade staff and management and will be reviewed on a case by case basis. An example of a lot that is significantly not as described would be a lot that featured photos of a blender box with a title of “blender” but the buyer finds a pair of shoes inside the box at the time of pickup. We do not consider model, size, brand, or color variations to be significant discrepancies. Even in the case of an item that is significantly not as described, there will be absolutely no refunds for items that have been accepted by the bidder and left the Rio Grande Trade building. Please inspect/check your items at the time of pickup, before leaving the Rio Grande Trade warehouse. If and only if there is a significant discrepancy between the item received and the title/description/photos, you will receive a full refund as long as the item has not left the building.
Missing Items: The Rio Grande Trade team works hard to ensure accuracy in auction pickup. However, it is the sole responsibility of the customer to verify that all items are included in your order pickup. You may inventory items in the lobby or as you are loading them into the car. A copy of your invoices is available upon request. If you get home and discover an item is missing, you may reach out to our team. We cannot make any guarantees once your order has left the building, however we will make every effort to locate your item. We cannot guarantee refunds for missing items once your order has left the property.
Right to Pull Lots: We reserve the right to pull any lot for any reason before the close of the auction. Any bids on the pulled lot will be nullified and the top bidder will not be charged.
Discounts: Coupons, Discounts, and Credits may be offered to various customers via promotion, benefit, or advertisement.
Account Suspension: Rio Grande Trade reserves the right to suspend (ban) any account and/or user who fails to abide by the terms and conditions stated herein. This suspension will apply to all bidder account current associated with the user and all future bidder accounts. Account suspensions may include, but are not limited to, failure to pick up items within five days and failure to pay invoices within five days. If you have questions about an account suspension, please call (915) 271-5650 or visit us in person during our regular pickup hours.
Bidders' Responsibility: You are responsible for all bids made from your account. If you believe that an unauthorized person has gained access to your account, you must notify Rio Grande Auctions immediately by sending a message. You must also report the incident to the relevant law enforcement authorities and send Rio Grande Auctions a copy of any resulting police report. You understand and agree that if you do not promptly report any suspected fraud to Rio Grande Auctions and to the relevant law enforcement authorities, you will be held personally responsible for all purchases made using your account and bidder number. Bidding can be fun, but please bid responsibly. If you feel you have an addiction or problem with gambling, please contact The National Problem Gambling Helpline at 1-800-522-4700.
No Credit Card Chargebacks: Bidders agree to NOT, under any circumstances, initiate a credit card chargeback with respect to any charges. Each Bidder further agrees that if, in violation of these Terms and Conditions, a credit card chargeback is initiated by the Bidder, these Terms and Conditions shall be conclusive evidence of the Bidder's (i) agreement to not initiate a credit card chargeback and (ii) waiver of any rights to initiate a credit card chargeback. Each Bidder acknowledges and agrees that on the Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution that issued the credit card on which the disputed charges were made, such bank, credit card company, or other financial institution shall deny any credit card chargeback and shall re-credit all amounts to the account of the Auctioneer. If a Bidder initiates a credit card chargeback, such Bidder, even if successful, shall remain liable for all purchases made at the auction and shall be responsible for all costs and expenses, including any attorneys' fees, storage fees, packaging and handling fees, transportations fees, and/or disposal fees, etc., incurred by or on behalf of the Auctioneer or Seller in challenging the credit card chargeback. Each Bidder agrees that the agreement to not initiate a credit card chargeback is a condition to the issuance of a Bidder Number to the Bidder and is being made as an inducement for the Auctioneer to accept the Bidder's Registration and to issue a Bidder Number.
Agreement to Terms: By bidding in this auction, you agree to all the terms posted for this auction. Rio Grande Trade will not be held liable for any software or software malfunction discrepancies.
Privacy Policy: We respect and are committed to protecting your privacy and online security. When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the site. For full details on our privacy policy, please visit: https://www.riograndeauctions.com/privacy
Security Policy: Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet. All transactions are processed using a 3rd party payment processor. Your payment information is never stored on our servers or on our software platform.
Limitation of Liability: In no event shall Rio Grande Trade be liable for any damages of any kind arising from (a) any injury to any person or property caused by the equipment, items, products, or goods or (b) defects in such equipment, items, products, or goods on any theory of liability including without limitation product liability except only in the case of personal injury where and to the extent that applicable law requires such liability. In addition, in no event shall Rio Grande Trade or seller be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the service, the website or its content including without limitation the inspection report and materials and functions related thereto, including without limitation, loss of revenue, anticipated profits, lost business or lost sales, even if Rio Grande Trade or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the total liability of Rio Grande Trade to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from this agreement or your use of the website and the service exceed, in the aggregate, $100.00. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
