Terms & Conditions Eligibility to Participate / Registration with “My Bid4apenny” / Disqualification
By placing a bid on Bid4apenny, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old.
Employees and relatives of employees of Entertainment Shopping, Inc. are not eligible to participate in Bid4apenny auctions under any circumstances.
Swoopo’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Bid4apenny reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time.
Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Bid4apenny receives information of a username which is illegal or in breach of these Terms, this username can be amended by Bid4apenny without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bid4apenny, shall result in the disqualification of the user and the reporting 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.
Bid4apenny reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Bid4apenny, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Bid4apenny. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Bid4apenny reserves the right to withhold deliveries or refunds for bids.
Furthermore, Bid4apenny reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.

2.Bid Purchasing for Online Bidding / Payment

Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called “Bid Packs”) at the currently applicable prices, which can be viewed in “My Account” under “Buy Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s Bid4apenny account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately. Bids are non-refundable and may not be exchanged.
If a user is suspended, all of their bids will be lost and are not to be refunded.
Bid fees is a service charge that helps us provide our users with affordable prices.

Payment can be made by credit card via PayPal.

Should a payment not be honored for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. Bidray reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full.

All bids are non-refundable.

3. Bidding / Use of the BidBuddy
Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a BidBuddy.
The BidBuddy assists bidders in being able to bid on an auction even if they are not online at that time. The BidBuddy automatically submits bids according to the specifications set in advance by the user. The user can read about how the BidBuddy operates in the “ABOUT US" section. The user is prohibited from using bidding software not authorized by Bid4apenny, and doing so will result in immediate disqualification from use (see clause 2: Eligibility and the Acceptable Use Policy).

4-Acceptance of the Win / Payment

After an auction has ended, the last bidder (“winner”) must go to “My Account”. Here, information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 21 days of the auction end date, Bid4apenny reserves the right to withdraw the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid to Bid4apenny. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. Bid4apenny reserves the right to charge the winner reasonable storage charges for items not paid for.
An invoice containing the auction price and shipping costs will be sent to the user by Bid4apenny once delivery has been arranged.

5-Cancellation / Returns

In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.

Should Bid4apenny incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.

The customer is to pay the costs for the return shipment if the item delivered matches that ordered and the value of the returned item does not exceed a sum of USD 40.00, or if, in the case of a higher value for the time, the consideration or contractually stipulated partial payment has not yet been remitted by the date of cancellation.

6-Delivery:

Deliveries are made solely within the USA. Users in other countries must have a delivery address within the USA. Statements regarding delivery deadline are not binding insofar as the delivery date has not been committed to as an exception. Delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Bid4apenny upon taking delivery.
Should Bid4apenny not be able to deliver the item ordered, Bid4apenny shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user’s preference. Claims for damages by the user against Bid4apenny, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited. Delivery may takes 2-3 weeks to arrives.

7-Limits on Liability/Damages

In particular, Bid4apenny shall not be liable for faulty operation of the telephone or computer during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item.Insofar as Bidray is insured for its liability for any damage, Bid4apenny can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.

Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.

Liability for damage arising from loss of life and limb, health, or well-being, and that according to product liability law shall not be affected hereby.

In the event of technical faults, Bid4apenny cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occured. If a user is sure that their bids have been lost due to system failure, they may contact Bid4apenny´s customer service for more details on what they should do at info@bid4apenny.com.

8-Applicable Law / Severability Clause

This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of New jersey without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
The UN Convention on the International Sale of Goods shall not apply.

9-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 Policy.

10-GENERAL/NOTE

Due to the billing of charges, we would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices. We advice all parents to keep a close check on their children’s online activities. Bid4apenny is not a website suitable for children under the age of 18.Users should therefore pay attention to their bidding practices and check their charges regularly.