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Terms & Conditions
User must agree to all terms and rules in this agreement in order to participate in PaylessBid.com auctions.
1. General / Scope The following General Terms and Conditions shall apply exclusively to the business relationship between PaylessBid LLC and its internet platform www.PaylessBid.com (hereinafter: "PaylessBid") and our users in the version applicable on the date of use. By participating in PaylessBid, the user accepts the following General Terms and Conditions. PaylessBid does not recognize any terms and conditions set by the user that differ from these unless PaylessBid has agreed to their validity in writing. Any special promotions presented by PaylessBid shall only be valid if they are announced on PaylessBid’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.
2. Eligibility to Participate and Disqualification By placing an order through the PaylessBid site the user warrants that they are legally capable of entering into binding contracts, they are at least 18 years old. Employees and relatives of employees of PaylessBid LLC and PaylessBid.com are not eligible to participate. Each user may register only once under their e-mail address. During the registration process, the user must choose a user name. The user name may not offend common decency or infringe upon the rights of third parties. The associated password is to be kept secret by the user. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of PaylessBid, shall inevitably result in the disqualification of the user and the report of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password. Users will be disqualified when in the reasonable opinion of PaylessBid a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if PaylessBid has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user.
3. Bids Payment For each bid placed the user need to pay small fee. This fee set by PaylessBid before the auction starts and not changed until the end of the auction. This fee is fixed and equal to all users. From time to time PaylessBid have special promotions which grant all users free bids. For free bids there is no bid fee. PaylessBid may grant specific user free offers for a specific auction, for these free bids there is no bid fees as well. Payment for the bids made when user places the bid at the auction. The invoice amount for this is due immediately. Payment can be paid only by credit card. Free bids have a time limit. Upon expiration of the time stated, the bids expire and can no longer be applied. There will be no refund in this case.
4. How the Auctions Work Each auction starts with bids limit set by PaylessBid. As soon as the number of bid placed at the auction reaches the limit - the auction will close automatically. This bid limit will not change during the auction, except for cases when an item is not sold for a long period of time, PaylessBid reserve it's right to cut down the number of bids left, in effort to close the auction faster. With no exception PaylessBid will not increase the bid limit. Users can offer bids while the bids limit has not reached. Users may place bids between "Minimum Price" and "Max Price", which are also set by PaylessBid and will not change until auction is closed. Offers above "Max Price" or under "Minimum Price" will be automatically rejected by PaylessBid (the user will be notified on the error and will not be charged). Important! All $ (dollar) marks in PaylessBid.com refers to U.S. Dollars. All prices, amounts and bids given with or without the $ (dollar) mark are U.S. Dollars. Each price between "Minimum Price" and "Max Price" can be offered more than once by different users (but not by the same user - PaylessBid System will automatically alert the user for the error and will not charge him for placing the same offer again). A unique bid is a bid that is not identical to any other bid submitted in that auction. Once the bid offered again, the two offers (the first and second) will not be unique anymore and will be automatically out-bid. Any offer on that price further on will be out-bid as well. The leading bid is the highest unique bid for the offered item out of all bids received for the auction. Duplicate bids WILL NOT be considered as the leading bid. At the moment bids limit have reached the auction will close and the winner will be announced as the highest bidder with his/her unique bid. All bids are recorded along with Date and exact Time, User ID and Offer ID. Date and Time recorded in the exact order it received on PaylessBid servers, and only in this way they shall be calculated. PaylessBid shall not be liable for faulty operation of the computer during bid submission and for incorrect or overly slow transmission of bidding data by the internet provider.
5. Bidding Limitations In order to protect our users and allow all users fair chance to win the auction, the following rules applied to all PaylessBid auctions: 1. No more than 3 following bids - The minimum spread between two bids is 1¢, for example $55.50 and $55.51, which makes these bids following bids. In order to prevent from a user to block a large area at the top of the auction, it is not allowed to have more than 3 following bids. After placing 3 following bids, another following bid (from top or bottom) will result out-bid for the lowest bid of the four. 2. "Chain Strategy" not allowed - Trying to place 3 following bids in many groups, and then combine these by bidding on the amounts in between will result multi out-bid and leave the user with a group of 3 following bids. For example, if a user choose to have these groups of bids: 3. More on "Chain Strategy" - It is recommended not to have groups of 3 bids too close each other. Other users may out-bid the amount in between these groups and result multi out-bid as described above. 4. More than 9 successful bids in top 15 not allowed - In order to prevent from a user block all top area, it is not allowed to have more than 9 bids among top 15 bids. When trying to bid the 10th - the lowest offer of the ten will be automatically out-bid.
6. Notification of the Win, Acceptance of the Win and Payment After the auction has ended, the leading bidder (“winner”), will receive a congratulation e-mail indicates the win is accepted. PaylessBid Support Team will contact the winner to confirm shipping address. In case the winner will not answer by e-mail or phone calls from PaylessBid Support Team or will not actively try to contact PaylessBid by e-mail, online form or phone, within 30 days, the winner’s right to delivery of the item will then be permanently revoked. There is likewise no entitlement to refund of the bids offered by the user. In this case PaylessBid reserve the right to offer the item on another auction. Important! PaylessBid is not, by any mean, the manufacturer or the supplier of the item. Therefore is not providing any further warranty than the one which comes with the product. Any further deal concerning warranty will be directly through the supplier. PaylessBid may contact the winner with a list of leading brands to choose from, for his/her convenience. If not, PaylessBid obligated to buy the product through one of the leading known brands and/or retailers found across North America. All product and/or service warrantees will be provided (if provided) by the actual distributors and/or manufactures of the products and/or provider of services. No claims may be made against PaylessBid for defective products and or services. Once PaylessBid will receive approval from the winner's credit card company, the item will be shipped within 4-8 business days to the address the user have confirmed with PaylessBid Support Team. An invoice containing the auction price and shipping costs will be sent to the user by PaylessBid upon delivery.
7. Handling, Shipping and Delivery After receiving approval for all payments concerning the closed auction, PaylessBid will handle and deliver the item within 4-8 business days. The item or service will be shipped to the address that was provided by the winner in their member profile at the time their payment was submitted. PaylessBid will not accept any complaints on undelivered items because of, but not limited to, inaccurate or incorrect shipping address. Make sure you have entered your address correctly. If you need to specify more information about your address and can not specify it in your member account, please inform immediately PaylessBid Support Team. PaylessBid will determine the method of delivery at its sole discretion and such delivery shall completely fulfill PaylessBid's obligation to supply the product or service to the auction's winner.
8. Cancellation / Redeem Item The winner has the right to cancel his/her win only if the item has not been shipped. In this case the winner will be charged for his/her bids and for the amount he/she offered. The winner can redeem the price of the item for any other item on the PaylessBid site up to the same market value as specified in PaylessBid website, or to be credited by free offers valued equal or at least as the item's market price. No bidding fees will be refunded once placed. Under special and uncontrollable circumstances and/or for cases of fraud, PaylessBid may, at its sole discretion, take into consideration requests for bid cancellations and refunds made after the cancellation period has expired. Special requests for bid cancellations MUST be submitted to PaylessBid in writing between Monday & Friday and clearly describe the conditions warranting such cancellation and refund. If the PaylessBid accepts a cancellation request the user may receive a refund of their bidding fees or equivalently valued item.
9. Auction Cancellation / Delay PaylessBid is entitled to cancel or delay an auction, in the event of extraordinary circumstances not within the control of PaylessBid, which may cause delay or prevent the proper process of the auction, prevents the auction from being conducted properly. PaylessBid has the right to cancel an auction and/or a bid, if the it's suspects that the bid was not submitted in good faith and/or with intention to deceive and/or in any case where the PaylessBid suspects ill and/or illegal use of a credit card. In no event shall PaylessBid be held responsible for any purchases made with illegal use of a credit card. If an auction is cancelled, PaylessBid will refund the bidding fees to the participants within 45 days from the date the auction was cancelled or credit the participant with free auction bidding credits, and this will be the participants' only claim against PaylessBid. The above shall not prejudice any right and/or claim PaylessBid may have towards a third party
10. Guarantee As mentioned in section 6 above: PaylessBid will not be responsible in any way of supplying, receiving or buying and kinds of warranties at any given time on any given item (all items are new and comes with manufacturer’s warranties). Before shipping the item PaylessBid may, but not obligated, to offer the winner a list of leading brands and retail stores to buy the item from. This option is for the convenient of the customer, and he/she may want to choose the right retail store close to his/her home. In such case the winner may choose to add extended warranty or any other options such as delivery insurance, if available. Important! Any refund or warranty claims will be addressed by the winner directly to the retail store/supplier/manufacturer, and in no case to and/or through PaylessBid.
11. System Outage / Temporarily Halted Auctions A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such case, the remaining bids limit for the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids offered or other costs incurred. With the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). PaylessBid therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. PaylessBid shall not be liable for any damage whatsoever incurred by auction users or third parties from using PaylessBid’s services. In particular, PaylessBid shall not be liable for damage that occurs due to bids submitted by auction users not being received by PaylessBid or not being received promptly or not being considered as a consequence of technical faults.
12. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information The protection of your data is very important to us. For more information on the collection, processing, and use of (personal) data, please read our Privacy and Security Policy.
11. External Links Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the PaylessBid website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
13. General The contract between PaylessBid and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without PaylessBid’s prior written consent. PaylessBid has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting PaylessBid’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PaylessBid’s system’s capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the PaylessBid website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or PaylessBid notifies its users of the changes to such policies or Terms and Conditions before PaylessBid sends information relating to dispatch (in which case PaylessBid has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items). PaylessBid is the owner or licensee of all intellectual property rights on the PaylessBid website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the PaylessBid website for commercial purposes without written permission from PaylessBid.
14. Acceptance of Terms and Conditions Prior to using this site, registering or bidding the user have to accept our Terms and Conditions by indicating his acceptance in the Sign-Up form when registering to the PaylessBid site. Please check this agreement periodically for changes as PaylessBid reserves the right to revise this agreement and your continued use of this site following the posting of any changes to this agreement constitutes acceptance of such changes. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents or materials on or received by this site. You understand that the PaylessBid LLC shall pursue such penalties to the full extent of the law to protect its rights and the rights of its advertisers and licensors.
15. Notices All notices to PaylessBid must be sent in writing and by registered/certified mail return receipt requested only to PaylessBid, LLC, 3460 SW 52nd. St. Hollywood, Florida 33312. This in no way obligates PaylessBid to discuss any claim or respond to any claims. If no claim regarding a Bid, Auction, or its outcome is received by PaylessBid, in writing, within 72 hours of the auction closing, total acceptance of the results is assumed. Users may receive a copy of the Users Agreement on the Internet web site: http://www.paylessbid.com.
16. Disclaimers IN NO EVENT, OR AS PERMITTED BY APPLICABLE LAW, SHALL PAYLESSBID, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR INVESTMENT PROFITS, LOSS OF BUSINESS OR PERSONAL ASSETS, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, OR ANY AND ALL OTHER LOSS WHICH RESULTS FROM YOUR USE OF THIS WEB SITE, OR ANY INFORMATION OR INTERNET LINKS OBTAINED, ACCESSED, DOWNLOADED, COPIED, OR CALCULATED, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, DELAY IN, OR INABILITY TO USE THIS WEB SITE OR ANY INFORMATION OR INTERNET LINKS ACCESSED, OBTAINED, DOWNLOADED, COPIED, OR CALCULATED AND WHETHER ATTRIBUTABLE TO ERRORS, OMISSIONS, DAMAGES, INFECTED, NEGLIGENT OR INTENTIONAL INACCURACIES OF ANY INFORMATION OR INTERNET LINKS, WHETHER OR NOT THE PARTIES MAINTAINING THIS WEB SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER SUCH RELATED CLAIM(S) ARE BASED IN CONTRACT, TORT, CIVIL, OR OTHERWISE. THE PARTIES MAINTAINING THIS WEB SITE SHALL NOT BE LIABLE OR RESPONSIBLE IF ANY INFORMATION INFECTS OR CONTAMINATES YOUR OR ANYONE ELSE'S COMPUTER SYSTEM, PROGRAMS, OR DATA. PAYLESSBID, LLC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE OF (INCLUDING BUT NOT LIMITED TO) ANY DATA CONTAINED ON THIS WEB SITE AND/OR ANY PRODUCT DESCRIBED OR PROMOTED ON THIS WEB SITE, INCLUDING WARRANTIES WITH RESPECT TO INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER RIGHTS OF THIRD PARTIES.
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