Terms and Conditions
In these Terms & Conditions, the words “We”, “Us” and “Our” represents LastBidWinsIt, Inc and LastBidWinsIt.com. The word “User” and “Users” represents the registered user of LastBidWinsIt.com.
1. General / Overview
The following General Terms and Conditions shall apply exclusively to the business relationship between LastBidWinsIt Inc. its internet platform www.LastBidWinsIt.com and our users. By using LastBidWinsIt.com, the user accepts the following General Terms and Conditions, as well as the manner in which LastBidWinsIt and its “Bid Assistant” operate as described on the website www.LastBidWinsIt.com. Any special promotions offered by LastBidWinsIt.com will be valid, only if they are announced on the LastBidWinsIt.com website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also ended. Any bidding advice or other written materials (for instance, ‘How it works’ articles) posted on LastBidWinsIt.com are provided solely as suggestions and are not intended to be relied upon.
2. Eligibility to Participate
By placing a bid on LastBidWinsIt.com, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. It is the responsibility of the User, to abide by the laws of their State regarding all interactions of “Our” web site
Employees and relatives of employees of LastBidWinsIt, Inc. are not eligible to participate in LastBidWinsIt auctions under any circumstances.
LastBidWinsIt.com products and services are offered exclusively to registered members only.
Each user may register only once using their physical postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
3. Disqualifications and Account Closure
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or misinform other users such as “Auctionclosed” or “Ended”, may not offend common decency or infringe upon the rights of third parties. If LastBidWinsIt.com receives information of a username which is illegal or in breach of these Terms, the username can be amended by LastBidWinsIt.com 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 “Us”, 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.
“We” reserve 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 “Us”, 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 LastBidWinsIt.com. 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, “we” reserve the right to withhold deliveries or refunds for bids.
Furthermore, “We” reserve the right to limit the number of auctions a user may participate in or the number of his/her successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.
4. Bid Purchasing for Online Bidding / Payment / Validity of Bids
Bidding rights, so-called “bids”, must be purchased and paid for by users prior to online bidding. Bids can be purchased in packages (so-called “BidPacks”) at the currently applicable prices.
Payment can be made by credit/debit card through our payment processor: PayPal.
Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. “We” reserve the right to block access to the user’s 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 is received in full.
Bids and Voucher Bids are valid for 90 days after they have been credited to a user’s account.
Free Bids are only valid for the time stated in the promotion, in general only 7 days. Upon expiration, they become void and can no longer be placed. Once a Bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded. Refunds will not be issued for Bids placed in an auction, expired Bids, Voucher Bids and Free Bids.
5. Bidding / Use of the “AutoBidder”
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 BidAssistant.
The BidAssistant assists bidders in being able to bid on an auction even if they are not online at that time. The BidAssistant automatically submits bids according to the specifications set in advance by the user. The user can read about how the BidAssistant operates in the “Help” section. The user is prohibited from using bidding software not authorized by “Us”, and doing so will result in immediate disqualification from “Our” site.
6. How the Auctions Work
With each bid placed the price of the item on which the user is bidding increases by the amount specified. A bid submitted by the user constitutes willingness of a user to enter into a binding contract with “Us” and in the event of a successful finishing of an auction, the claim to receive a purchase offer for the item. A contract to purchase the item does not come into effect until the auction is finished and the winning bidder has followed all the steps as set forth in clause number 7.
Each new bid resets the ‘remaining time’ for an auction. The countdown reset value will normally range between 10 to 30 seconds. The one exception to this rule is when two BidAssistants bid against one another. For more information, please consult the ‘Help’ section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids placed on the item expire and will not be credited back to the user’s account or be eligible for a refund. The last bidder is determined based on the records in “Our” database and “Our” decision regarding who is the last bidder shall be final (save in the case of manifest error).
7. 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 10 days of the auction end date, “We” reserve 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 “Us”. 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 won at auction until all bids and the total price have been paid for in full. “We” reserve 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 “Us” once shipping has been arranged. Note: Each registered user is allowed 1 win per 7 calendar days. Bids placed on auctions that are won prior to 7 days from a prior win, will be non-refundable and the winning bidder’s user name will be removed automatically by our systems. The auction will then be awarded to the user who placed the bid prior to the one removed. There are no exceptions to this policy. This ensured fairness to all users of our site and allows an equal opportunity for everyone to win.
8. Returns and Cancellations
“We” grant winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply, they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end 7 calendar days after the day on which a winner received the won item.
An exception to the right to cancel is audio or video recordings or computer software that has been opened. These items are not eligible for return or refund.
If a user wishes to cancel the contract, they must inform “Us” in writing (by letter or email), that they wish to cancel within the time period noted above. Cancellations by phone will not be accepted.
In order to complete a valid cancellation or return, a user must return the received product or products in the same condition in which it was received. Costs of postage for returns will be paid by the user.
Should “We” 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 refund owed to the returning customer. Sets/boxes can only be returned in their entirety.
9. Delivery
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. “We” shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the shipping carrier and “Us” immediately upon taking delivery.
If “We” are not able to deliver the won item, “We” shall be entitled to substitute the item with a comparable product, or provide a refund of the auction end price to the user based upon the user’s preference.
10. Disclaimer of Warranty and Limitation of Liability regarding the Use of LastBidWinsIt.com.
“USER” EXPRESSLY AGREES THAT USE OF LASTBIDWINSIT.COM IS AT USER'S SOLE RISK. NEITHER “US”, “OUR” AFFILIATES NOR ANY OF “OUR” RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT “OUR” SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO “WE” MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LASTBIDWINSIT.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH “OUR” WEBSITE.
LASTBIDWINSIT.COM IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, “WE” DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND/OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, “WE” DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA “OUR” SITE IS ACCURATE, COMPLETE OR CURRENT. “WE” ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. “USER” SPECIFICALLY ACKNOWLEDGES THAT “WE” ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE “USER”.
IN NO EVENT WILL “WE”, OR ANY PERSON OR ENTITY INVOLVED IN USE OF “OUR” AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE “OUR” WEBSITE. “USER” HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON “OUR” WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, “US”, NOR “OUR” AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON “OUR” SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE “USER”, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER “US”, OUR AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from LastBidWinsIt.com.
All new products are sold with the manufacturer's limited warranty only. “We” warrant solely that the products sold to “user” under these terms shall have the characteristics specified in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE “WE” MAKE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY “US” OR ANY OF “OUR” AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
“WE” SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE “USER” OR ANY OTHER PERSON FOLLOWING DELIVERY BY “US”. IN NO EVENT SHALL “WE” BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
12. System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in “our” system. In such a case, auctions will be temporarily paused and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auction(s). Temporarily paused auction(s) are clearly indicated. Bids placed on a temporarily paused auction(s) shall not be credited back on a user’s account and are not eligible for a refund for bids used or other costs incurred.
With the currently available technology, 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 (hereinafter referred to collectively as “technical faults”). “We”, therefore, provide no guarantee for the constant and uninterrupted availability of “our” website and technical systems. In addition, but not subject to, the provisions of clause number 10, “we” shall not be liable for any damage whatsoever incurred by auction users or third parties from using “our” services. In particular, “We” shall not be liable for damage that occur due to bids submitted by auction users not being received by “us” or not being received promptly or not being considered, as a consequence of technical faults.
13. Trademarks
LastBidWinsIt logos are trademarks of LastBidWinsIt, Inc. and any of its subsidiaries. All rights are reserved. All other trademarks appearing on “our” site are the property of their respective owners.
14. Service and Support for Products Purchased
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
15. 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 Georgia 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 Georgia.
The UN Convention on the International Sale of Goods shall not apply.
16. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of your data is very important to us. We will never sell, rent or disperse “our” customer’s information to anyone for any reason!
17. 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 “our” website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
18. General
The contract between “us” and the “user” 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 General Terms and Conditions or any of their rights or obligations without “our” prior written consent.
“We” have the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting “our” business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in “our” system 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 “our” website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or “we” notify “our” “users” of the changes to such policies or General Terms and Conditions before “we” send information relating to dispatch (in which case “we” have 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).
LastBidWinsIt, Inc is the owner and licensee of all intellectual property rights on “our” 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 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 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 “our” website for commercial purposes.
This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Note:
We would like to advise all users to monitor their bidding practices. Placing bids online at www.lastbidwinsit.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly. |
