Terms and Conditions ("Terms")
Last updated: September 09, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.bidsforless.com website and the mobile application (the "Service") operated by Bidsforless. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you do not agree to any part of the Terms and Conditions, you may not sign up for an account, you may not access the Service, and you may not use this website. By accessing or using the Service, you agree to be bound by these Terms.
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will try to provide at least 30 days notice prior to any revision taking effect.
***ALL ITEMS AND SERVICES OFFERED ON BIDSFORLESS.COM ARE EXPRESSLY SOLD “AS IS” - "WHERE IS", WITH NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
***ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, ARE HEREBY DISCLAIMED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. ALL ITEMS (INCLUDING ANY ACCESSORIES AND COMPNENTS) ARE SOLD “AS IS” - "WHERE IS".
Disclaimer, Indemnity, Limitation of Liability
***YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BIDSFORLESS.COM AND ITS OWNERS, PARTNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY CLAIMS, DAMAGES, DEMANDS, EXPENSES, LOSSES, AND LIABILITIES, INCLUDING REASONABLE ATTORNEY FEES ARISING FROM YOUR BREACH AND VIOLATON OF THESE “TERMS AND CONDITIONS” OR USE OF THIS WEBSITE.
***In no event shall BIDSFORLESS.COM, or the manufacturer of the [product] (including its officers, agents, employees, representatives, attorneys and parent, subsidiary and affiliated companies) be liable for damages of any nature, including without limitation, special, direct, indirect, incidental or consequential damages, whether or not relating to or in any manner resulting from or arising out of any nonconformity of the [product and accessories] to the warranty herein, any defect in material and workmanship, any performance or nonperformance by Seller of any of the obligations or delay of delivery or failure to deliver for whatever cause, other than damages expressly provided for above.
***IN the event a dispute arises, buyer’s remedy is limited to a return of the goods and refund of the price.
***This agreement constitutes and contains the entire agreement between the parties. All prior or contemporaneous understandings or agreements between the parties, if any, whether written or oral or express or implied, are merged into and with this Agreement, which fully and conspicuously states and expresses the parties' understanding and agreement.
You must register for an account to bid on any auctions on www.bidsforless.com by creating a user name and password, and you must be at least 18 years old to register for an account on www.bidsforless.com. By registering an account with Bidsforless.com:
- You certify that all of the information you provided are accurate and truthful;
- You agree to update any changes immediately and maintain the accuracy of all information;
- You agree to maintain the security of your password and account. When creating a username, please refrain from using offensive words and languages. If we find that your username is inappropriate and offensive, we will request that you change your username immediately. When creating your password, consider using a strong password for the security of your account;
- You agree to accept all risks of unauthorized access to registration information;
- You agree to notify Bidsforless.com immediately if you suspect your account has been comprised and you agree to change your password immediately;
- Bidsforless.com cannot and will not be held liable for any damages and losses due to breach of security on your account;
- Bidsforless.com, at is sole discretion, reserves the right to suspend or terminate a user account, deny approval of registration, and prohibit use of Service.
Bidding: Bid starts at $1.00 with no reserve. Bid increment is $0.25 or you can enter a proxy bid. Your bid is a contract between you and bidsforless.com, and a bid is a binding contract. Once the bid has been placed, it cannot be cancelled or retracted. If you have the highest bid, you will enter into a legally binding purchase contract.
Proxy Bidding: You can enter a maximum amount that you are willing to pay for the item, and bids are automatically entered on behalf of the bidder for the lowest amount, up to your maximum bid. Your maximum bid is kept a secret from other users.
Sniper Protection: When a bid is placed within the last minute and a half before the auction ends, the listing will add 90 seconds to the auction time. The listing will end if no bids are placed within the last minute and a half.
Buyer’s premium applies to all auction listings and will be indicated in all auction listings. Buyer’s premium is 13% and will be applied to the final winning price. Buyer’s premium is a fee charged to the winning buyer that is a percentage of the final winning price and every winning bidder is obligated to pay. Buyer’s premium amount is taxable.
State sales tax law requires us to collect sale tax from individuals and businesses that make purchases on bidsforless.com. Sale tax applies to the total amount of the purchase, including buyer’s premium. Individuals and businesses who are tax exempt must provide a copy of their valid resale permit and resale certificate by emailing it to email@example.com, please also include your user id and name on your account.
All items up for auction can be previewed and inspected at our warehouse. Preview time is limited to 10 minutes. When you come in for a preview, please provide the listing number on a sheet of paper. Please remember when in doubt, inspecting item physically in person is always recommended , and bid with caution understanding item maybe retail surplus, store returns, overstock, shelf pull, used, broken, missing parts, damaged, new, salvage, and refurbished.
Winning bidder must make payment within 5 days and pickup item in person within 7 days of invoice date. Payment can be made online or in person. If no payment is received after 5 days of invoice date, the winning bidder is considered in default and Bidsforless.com can then relist the item or items. Bidsforless.com will charge the default winning bidder 15% of the invoice total for relisting fee. Three such instances will result in account suspension.
All payment information will be processed and stored using our secure server. All data is transferred in an encrypted format.
We do not offer delivery or shipping. Item won by the winning bidder must be paid within 5 days of invoice date, and the winning bidder must pick up item in person at our Sacramento warehouse within 10 days after the invoice date. No item can be picked up unless full payment is received. Buyer is responsible to bring proper transportation and adequate labor to remove all winning items. Bidsforless.com does not offer assistance on loading of any item onto buyer’s transportation. If item or items are not picked up after 10 days of invoice date, it is deemed that buyer has abandoned the item or items, and if any payment is made for the item or items, the payment is also considered abandoned and forfeited. Bidsforless.com can then relist the item or items. Buyer can request pickup extension only by emailing us at firstname.lastname@example.org. Three such instances will result in account suspension.