General Terms & Conditions

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Bidazzled Terms of Use

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The General Terms and Conditions written below shall apply specifically and exclusively to the business relationship between  Sensibid LLC, its internet platform www.bidazzled.com, referred to below as Bidazzled and our users.

By using Bidazzled, you, the “USER” (i.e. participant, customer, user, bidder visitor, auction winner)  accept the following General Terms and Conditions, subject to revision by Bidazzled, as well as the manner in which Bidazzled and its “BidMate” operate as described on the website www.bidazzled.com.  No variation or alterations in the following Terms and Conditions shall be binding upon Bidazzled. unless agreed to in writing.

Special Promotions

Only authentic Bidazzled promotions will be honored. To be valid, the special promotions must be announced on Bidazzled’s website and/or in its corresponding email newsletter. Spoof ads will not be honored. Some promotions may only be valid for a limited time, and details are always posted on the website or in a newsletter. A promotion ends when the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also deemed to have ended – exact time details may vary among various auctions so read posted details for any promotion in which you plan to participate.

We provide various “Help” and “FAQ” related articles related to bidding and other areas of interest to our users.  Any bidding advice or other written materials (for instance, ‘Help’ articles) posted on Bidazzled are provided solely as suggestions and are not intended to be, nor should they ever be relied upon. Bidazzled is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.  Sensibid LLC  and Bidazzled hereby disclaim to the fullest extent permitted by law any and all responsibility and or liability arising from any reliance placed on such materials.

2.  Participation / Registration with “My Bidazzled” / Disqualification

Users must be 18 to participate in a Bidazzled.com auction. There are NO EXCEPTIONS.  By placing a bid on Bidazzled, you, the user, declare that you are legally capable of entering into binding contracts and that you are at least 18 years old.

Covenant for Benign Use –  All users specifically pledge not to plant or distribute any malware including without limitation viruses, Trojan horses, worms, spiders, spyware and or any other potentially harmful software.

Disqualified Users Ineligible. – Disqualified users are not eligible and therefore barred from participation in auctions on Bidazzled.com

Commercial Sellers Prohibited – Commercial Sellers or Partly Commercial Sellers are not allowed to participate in Bidazzled auctions. Bidazzled reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time.

Single User Registration Only – Each user may register one account only.  All accounts must be registered under the User’s accurate postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.

Username – Each user must create his or her username. The username must not be offensive, may not deceive or mislead other users, and may not offend common decency or infringe upon the rights of third parties. If Bidazzled decides in it’s sole discretion that any username is illegal or in breach of these Terms, this username can and very likely will be amended by Bidazzled without prior notice.

Passwords – all user passwords should be kept secret by the user.

User Accounts Non-Transferable – User accounts created during registration are non-transferable. The user account may be used only by the user alone and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bidazzled, shall result in the disqualification of the user and the reporting of a crime. WARNING:, the user shall be liable for any and all activities that are undertaken using their user account together with the associated password.

Bidazzled, may at any time, exercise sole discretion to suspend or permanently exclude any user(s) from it’s services.  Bidazzled will decide upon such exclusion if and insofar as, in the reasonable opinion of Bidazzled, a user has breached a Terms of Use provision, violated any laws or infringed upon the rights of third parties, or Bidazzled believes such action is justified for the protection of other Users or to prevent manipulation, including but not limited to event such as nonpayment of bids, use of unauthorized bidding software, or if several user accounts are set up by the same User.

Theft By Deception Any activities wherein a member attempts to manipulate auction programs/systems to obtain benefits not otherwise due them under normal circumstances SHALL be considered theft by deception.  Any and all bids, items won, or items ordered through Buy Now or similar program shall be immediately and irrevocably forfeited.  Subject to Bidazzled’s sole discretion, member may be prosecuted to the fullest extent of the law.

Verification of User Identity – For the protection of all participants, Bidazzled retains the right to verify the identity of each individual user. If Bidazzled is unable to verify or authenticate user identity using reasonable efforts, then Bidazzled may ask users to provide photo ID, proof of address and other documentation as Bidazzled requires. If for any reason proof is not provided, Bidazzled in its discretion may suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users. The auction will then be won by the second last bidder.

Disqualification – Bidazzled 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 Bidazzled, a member has:

1. Violated any of the Bidazzled Term of Use
2. Violated any laws or the rights of third parties.
3. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Bidazzled. 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.
4. Shill bidding or other forms of collusive bidding.
5. Any other reason for which Bidazzled deems such action is justified for the protection of other Users or to prevent manipulation
6. Penalties: In case of a breach of these Terms, Bidazzled reserves the right to withhold deliveries and/or refunds for bids to the offending user account. Furthermore, Bidazzled, at its sole discretion, reserves the right to limit the number of auctions a user may participate in and/or the number of his successfully finished auctions, may without prior notice temporarily or permanently disqualify a user or disable any user account. Please refer to our separate acceptable use policy for additional information.

3. Bid Purchasing for Online Bidding / Payment / FreeBids

Bidding rights, also called  “bids”, are purchased and prepaid by users prior to beginning online bidding. Only registered users may submit online bids . Bids are sold in packages at conveniently varying price levels (so-called “BidPacks”) which are easily viewed in “My Bidazzled” under “Buy Online Bids”.

Bids must be purchased in advance of bidding on an auction.  The system will require 2 separate authorizations for each bid purchase to ensure not only that the correct package is purchased but also that the buyer truly intends to make the purchase.  Users  should only buy as many bids as they intend to spend on the bidding process for any auction(s).

Paying for bids – Payment can be made by credit/debit card or via payment agents such as PayPal and ClickandBuy.  If for any reason a payment agent or credit card company would not honor a user payment transaction, a returned payment fee will be charged to the user account to cover the administrative costs incurred by Bidazzled resulting directly/indirectly from the nonpayment. The user will be responsible for these fees. Bidazzled reserves 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 also to withhold any outstanding deliveries until payment is received in full.

e-checks:  Bidazzled does not accept e-checks.

Cancellation of Account – Remaining Bid Value Donated to Jimmy Ruch Fund

If at the time any member cancels his or her membership any of the bids remaining on file shall automatically expire and the value of any paid bids shall be donated to the Jimmy Ruch Fund.  Should members not wish to make a donation they are free to use all remaining bids prior to canceling their account.

Free Bids – Limited Time Use: Certain bids (e.g. some “FreeBids” also known as “Bonus Bids) ) are valid only for a limited time only and will expire at a stated time. Upon expiration, the bids affected can no longer be placed. Refunds are not available for expired bids. Currently, Bonus Bids expire 7 days from the day they were first received.

Bids Deducted From Account Upon Placement – Once a bid is placed on any auction it is “spent” and therefore immediately deducted form the user’s account. The only possible exception to this rule is in the event bids are placed during a limited time special auction which explicitly states a provision for return of bids placed.

4.  Bidding – Using BidMate

Users place bids in 2 different ways. Manual Bidding – Bids can be placed by clicking on the relevant bid buttons, or BidMate (automated bidding)  – Bids can be placed automatically by a BidMate.  BidMate serves bidders by “monitoring” an auction and enabling the user to bid on an auction even if they are not online at that time.

BidMate automatically submits bids according to the specifications set and confirmed in advance by the user. When the BidMate places a bid, it is deducted from the user’s bid account.

Users can and should read about how the BidMate operates in the “Help” and “BidMate” section.

Purposefully Disruptive Use of Bidmate (Autobidder) Strictly Prohibited – No user may use BidMate in any manner which disrupts the auction process or creates undue demands on system resources. For example, a user may not set numerous BidMates for a very small number of bids (i.e 1 or 2 bids) in order to set the clock to 1 minute time after time thus draining system resources and disrupting the auction for other members.  Setting one or two low bid Bidmates to test the waters is perfectly acceptable.  However,  setting numerous Bidmates to purposefully disrupt the auction is strictly prohibited.  Any member caught doing so will forfeit his or her membership  and the value of any remaining bids on that member’s account shall be donated to the Jimmy Ruch Fund.

No user may use automated bidding software not authorized by Bidazzled, and doing so will result in immediate and permanent disqualification from use. (Please read Section 2 above under the heading: “Disqualification” .)

5.  Auctions

A bid submitted by the user constitutes willingness of a user to enter into a binding contract with Bidazzled and in the event of successful finishing an auction,  the claim to receive a purchase offer for the item of the auction under the conditions set out in the related auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in “Winning & Payment “ section  below.

With each bid placed the price of the item on which the user is bidding increases by the amount specified.

Time Resets – Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually, 10, 15, 16, 18 or 20 seconds). The one exception to this rule is when two or more BidMates bid against one another which may result in a significant time increase. 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 on the item expire and will not be refunded. The last bidder is determined based on the records in Bidazzled’s database and Bidazzled’s decision regarding who is the last bidder shall be final (save in the case of manifest error).

Please note that there are limitations with technology that can affect your interaction with our server.  Specifically, bandwidth, computer processing speed, available memory and CPU along with internet traffic and even variances in web browsers may reflect minor differences in the countdown timer from the actual countdown times that is on our server.  While we take great steps to minimize any possible fluctuation, some technology pieces are beyond our control and we urge that you do not wait until the final seconds to place a bid as we cannot be held responsible for an auction that ends while your times still shows time remaining.

Furthermore, for the same exact reasons, it can take a few seconds for someone’s bid to be reflected on your screen.  Consequently, there is the possibility of an auction counting down to zero and then having it show 15 or 20 seconds left a moment later.  The defining timer in all cases is the one on our server.  If a bid is placed and received prior to our timer reaching zero – that bid will be honored and reflected as rapidly as possible on the site.

Live Beta Testing – Participation in Auctions During Beta Testing – Good Faith

During Beta, Live Beta, and General testing certain aspects on Bidazzled may not function correctly or as as intended.  In acknowledgment of the benefits and advantages obtained through being able to participate in restricted use testing periods, members agree to participate in good faith and further agree that any error resulting from a system glitch or problem shall not result in Bidazzled being held to providing the member with any benefit or reward that was inadvertently  offered or applied by auction systems.

Example:  Should the system provide benefits including but not limited to excess bonus bids, incorrect pricing for purchased items, accidental multiple purchasing opportunities when only one purchase is permitted, etc, members participating in the testing auction recognize that they are not entitled to receive any benefit that exceeds the standard benefit earned had the system not malfunctioned and therefore waive all claims to those benefits.

Weekly Win Limits – Bidazzled enforces weekly in limits to ensure everyone has a good chance to win. Currently, the win limit per week is 5 items. (excluding auctions during the Live Beta Testing).  This number is subject to change.

If the win limit is 5 items, you are only allowed to place a bid if your total won items in the week and the total number of auctions that you currently have the high bid on does not exceed 5.   The system will prevent the bid being placed.

WARNING – if you are close to your maximum number of wins you may want to bid carefully and on fewer auctions. Any bids spent on items as of the time a bidder has reached his or her win limit will not be refunded.

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Retail Prices Indicated on Auction

“Retail Price” – price an item is sold for in a store (same as selling price).

“Market Price” – price an item is sold for locally when there is a high demand for the item and low supply.

The retail price shown on our product pages is the average price charged by retail sellers in the past 6 months to retail customers for that item. Manufacturers list suggested retail prices for their products; retailers may adhere to these prices or offer discounts from them.  Sometimes, when supply of an item is low, market prices can actually be higher than the manufacturer’s suggested retail price.

At Bidazzled, when we purchase items for auction, we are often able to get volume discounts, but sometimes that is not possible.  As Bidazzled funds a charity, on those rare times we pay retail or even a higher market price for a “must-have” item we reserve the tight to mark up the “retail price” so that we also cover the cost of the charitable activities.

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6.  Winning an Auction / Payment

After an auction has ended, the last bidder (“winner”) must go to his/her “My Bidazzled” and view “won” items. Find item in list and got to “action box and select “pay now”. This will take you to a page showing the item you won and where information such as total price (including shipping costs if applicable) and payment options will be displayed. Simply select the payment type of your choice and proceed. 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.

Confirmation of Win & Payment – The win is only accepted when the winning user clicks on the confirmation. An invoice containing the auction price and shipping costs will be sent to the user by Bidazzled once delivery has been arranged.

Win Must be Confirmed and Item Must be Purchased Within 7 Days - A User MUST confirm and pay for an auction win within 7 (SEVEN) days of the auction end date.  If Confirmation and Payment do not occur within 7 (SEVEN)  days, Bidazzled reserves the right to convert the the offer to Bonus Bids only and after another seven days pass with no confirmation or other required action, those Bonus Bids offered shall have expired and winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction 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.

Full Payment for Item and Bids Required – The item will not be sent to the user until the total price has been paid to Bidazzled. 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. Bidazzled reserves the right to charge the winner reasonable storage charges for items not paid for.

7.  Cancellation of Order  /  Returning Items

Right to Cancel Order within 14 Days -  Bidazzled grants 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. Cancellation rights end fourteen days after the day on which a winner received the goods or a notification that the goods are ready for collection.

Exception – Audio &Video Recordings/Software/Audio Devices – An exception to the right to cancel is audio or video recordings, video games or computer software and some specified audio devices such as phones and mp3 players that the customer has unsealed. These items are not eligible for return or refund.

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Method of Cancellation: If a user wishes to cancel the contract, they must inform Bidazzled in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.  Contact either by conventional mail or email to the following addresses are the only methods to be used to cancel the contract:

Sensibid LLC.
2307 River Road, Suite 101
Louisville. KY 40206
support@bidazzled.com

Return of Goods – 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 and preferably in the original packing. Sets/boxed items may only be returned in their entirety. Costs of postage for returns will be paid by the user (unless goods are found to be faulty/defective at manufacture).

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 [used or damaged] condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.

Should Bidazzled 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.

8. Shipping & Delivery

Unless otherwise stated, delivery will be made directly from our suppliers 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, or sovereign territories. 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. Bidazzled 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 Bidazzled upon taking delivery.

If for any reason Bidazzled is not able to deliver the item ordered, Bidazzled shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund if this is the user’s preference.

9. Offsets to Price / Withholding Payment / Retention of Title/Duty to Insure

The user shall only have the right to offset if his or her counterclaims are not disputed by Bidazzled. The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.

The item delivered shall remain Bidazzled’s property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it against fire, theft and damage.

10. Disclaimer of Warranty and Limitation of Liability regarding the Use of Bidazzled.

USER EXPRESSLY AGREES THAT USE OF BIDAZZLED INTERACTIVE AUCTIONS IS AT USER’S SOLE RISK. IN ACKNOWLEDGEMENT OF THAT RISK, THE USER EXPRESSLY AGREES TO THE FOLLOWING: NEITHER BIDAZZLED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BIDAZZLED SITE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE;

NOTICE: BIDAZZLED SHALL NOT BE LIABLE FOR FAULTY OPERATION OF THE TELEPHONE OR COMPUTER HARDWARE OR SOFTWARE DURING BID SUBMISSION AND/OR FOR INCORRECT OR OVERLY SLOW TRANSMISSION OF BIDDING DATA (PRICE, TIME REMAINING, ETC) BY DIAL-UP, BROADBAND, SATELLITE OR ANY OTHER INTERNET SERVICE PROVIDER. IF SUCH A PROBLEM SHOULD OCCUR, THE BIDDER HAS NO LEGAL OR EQUITABLE RIGHTS WHATSOEVER OVER THE ITEM.

NOR DOES BIDAZZLED, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO ANY RESULT THAT MAY BE OBTAINED FROM USE OF BIDAZZLED, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIDAZZLED.

BIDAZZLED.COM IS PROVIDED ON A STRICTLY “AS IS” BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDAZZLED DISCLAIMS 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 IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, BIDAZZLED DOES NOT REPRESENT NOR DOES IT WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE 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, COMPUTER MALWARE, 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 BIDAZZLED IS 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 USER.

IN NO EVENT WILL BIDAZZLED, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDAZZLED AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIDAZZLED. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDAZZLED.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BIDAZZLED, NOR ITS 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 IN BIDAZZLED, 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, BIDAZZLED, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

11. Disclaimer of Warranty and Limitation of Liability Regarding Purchases from Bidazzled

All new products are sold with the manufacturer’s limited warranty only. Bidazzled warrants solely that the products sold to user under these terms shall have the characteristics specified in Bidazzled’s specifications for such Products as set forth in the description of each auction and assumes no further warranties.

The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to Bidazzled. Warranty is excluded for the delivery of any used Products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDAZZLED MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDAZZLED OR ANY OF ITS 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.

BIDAZZLED SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDAZZLED. IN NO EVENT SHALL BIDAZZLED 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 Halted Auctions/System Errors

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted 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 auctions. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to 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”). Bidazzled, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems.

In addition, but not subject to, the provisions of clause number 10, Bidazzled shall not be liable for any damage whatsoever incurred by auction users or third parties from using Bidazzled’s services. In particular, Bidazzled shall not be liable for damage that occurs due to bids submitted by auction users not being received by Bidazzled or not being received promptly or not being considered, as a consequence of technical faults.

Likewise, Bidazzled shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the bidder shall have no legal rights over the item whatsoever.

System Errors – Good Faith

Since computers are involved, it is also entirely possible that Bidazzled may experience time when systems do not function correctly or as as intended.  Auctions, for various reasons may also need to be paused, which can also cause issues. In acknowledgment of the benefits and advantages obtained through being able to participate in Bidazzled Auctions, members agree to participate in good faith and further agree that any error resulting from a system glitch, pause or problem shall not result in Bidazzled being held to providing the member with any benefit or reward that was inadvertently  offered or applied by auction systems.

Example:  Should the system provide benefits including but not limited to excess bonus bids, incorrect pricing for purchased items, accidental multiple purchasing opportunities when only one purchase is permitted, etc, members participating in the testing auction recognize that they are not entitled to receive any benefit that exceeds the standard benefit earned had the system not malfunctioned and therefore waive all claims to those benefits.

By the same token, Bidazzled agrees to exercise good faith in return by making all effort to provide satisfaction to members who may have lost a reward or an opportunity which under normal operation would have been made available to them but for occurrence of the the system glitch or error.

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13. Disputes/Resolution

Bidazzled, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately. If you have any questions regarding an invoice or a payment made, please contact Bidazzled Customer Service by sending an e-mail to support@bidazzled.com.

14. Trademarks

Bidazzled’s logos are trademarks of Sensibid LLC. and any of its subsidiaries. All rights reserved. All other trademarks  such as manufacturer logos, appearing on Bidazzled are the sole property of their respective owners.

15. Product Support/Technical Assistance

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

16. 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 Commonwealth of Kentucky 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 Louisville Kentucky.

17. Protection of Data: Collection, Processing and Use of 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.

18. External Links/Third Party Websites – Use at your Own Risk

Like most sites, Bidazzled.com may contain links to other websites operated by third parties, and likewise, those sites contain links to other websites and so on. While we do conduct careful checks, we assume no liability whatsoever for the content or safety of any external link.

Third party operators of the sites linked to and from this site are solely responsible for their contents. We specifically and expressly disclaim without limitation, any liability and otherwise distance ourselves completely from all content of any and all websites linked to the Bidazzled website.

Likewise, Bidazzled expressly disclaims without limitation any and all responsibility for the content of the data protection and privacy guidelines of third-party websites.

19. Contracts Formed Under Terms of Use Binding

The contract between Bidazzled 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 General Terms and Conditions or any of their rights or obligations without Bidazzled’s prior written consent.

20.  Revisions to Terms of Use

Bidazzled has the sole right to revise and amend these Terms of Use and may do so from time to time in its absolute discretion and for any reason it deems necessary.  Such reasons may include but are not limited to changes in market conditions, technology, payment methods, and/or changes in relevant laws or regulatory requirements, or even changes in Bidazzled’s system capabilities.

When do revisions become effective?  All users will be subject to the policies and Terms of Use as stated on the site at the time that they have successfully bid for items listed on the Bidazzled website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Bidazzled notifies its users of the changes to such policies or General Terms and Conditions before Bidazzled sends information relating to dispatch (in which case Bidazzled 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).

Bidazzled is the sole owner and/or licensee of all intellectual property rights on the Bidazzled website and any 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.

All Trademarks remain the property of legally registered Trademark owners). 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 the Bidazzled website for commercial purposes.

21.  Choice of Law and Other Miscellaneous Legal Provisions:

Agreement and any operating rules for Bidazzled established by Bidazzled constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

This Agreement shall be construed in accordance with the laws of the Commonwealth of Kentucky, 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.

22.  Remember to Bid Responsibly:

We would like to advise all users to monitor their bidding practices. Placing bids online at www.bidazzled.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.   Click here for further information.  This site is intended to be fun –  so  remember “PBR”  – Please Bid Responsibly!       For ideas about responsible bidding click here!