April 22nd 2010
UPDATED August 18th 2010 - Section 2b & 2c added
UPDATED NOVEMBER 1ST 2010 - SECTION 13b
Updated June 20th 2011 - Revised section 4a added section 4c
Updated June 20th 2011 - Added Section 2d General / Overview
2. Eligibility to Participate and Disqualification Factors To have an account with Bargainsandfun.com you must be 18 Years of age or older and such activities must be LEGAL where you live. Each Person may have only ONE account on Bargainsandfun.com Multiple account owners may reside in the same household HOWEVER each must have their own VERIFIABLE Credit card or Paypal Account(with verified address). Setting up multiple accounts in the names of friends, relatives or someone else to receive free bids or circumvent the win limits on our system will result in ALL accounts found in violation being TERMINATED. We are not stupid and will use ALL means necessary to confirm that an account is valid or fraudulent. Bargainsandfun.com employees and relatives of employees are not permitted to participate on Bargainsandfun.com.
2b. Bargainsandfun.com takes collusion seriously. Any means of collusion, spoken or unspoken that is brought to our attention and can be proven will result in your account being terminated. This INCLUDES what is called by some as "Respect". You may be friends, but all auctions are fair game to all users.
2c. Bargainsandfun.com has ZERO tolerance for harrasment. Any means of harrasment in public or private that is brought to our attention will result in the IMMEDIATE banning of that user. This includes the use of Public forums to harras other users. Each auction is a battle, leave it on the battlefield. Bargainsandfun.com will also cease any posting/advertising on any forum that allows this type of activity to continue.
2d. Accounts expire after 180 days of non-use. All bids in an account that expires will be forfeited. Your account may be re-opened by e-mailing email@example.com from the e-mail address on the account and listing the username and current password.
3. Win Limits - Bargainsandfun.com does have win limits. These limits are per household. There are some categories that do not have limits and you may bid on and win as much as you like in those categories. You can find the win limits within your profile on the win-limits page. You can bid on any product provided you have not hit your win limit in that category or your system limit. If you place a bid buddy on an item that is in a category that you have already hit your limit on it is your responsibility to remove that bid buddy. If you do not those bids will be forfeited and if the item is won you will NOT receive the item. If you place a single bid on an item before hitting your win limit and then hit your win limit you will lose all bids on the second item as well. However if no-one outbids you on the subsequent items you will win them as well. Trying to circumvent the win limits through use of bid buddies or multiple accounts will not be tolerated and all accounts in question will be terminated.
4a. Purchasing Bids for Online Bidding Bids can be purchased in packages called “Bidpacks” using any of the forms of payment we accept. Bids expire as per section 4c below. Should you decide to leave our system you have 30 days from the account closure date to request a refund for any unused bids or they will be forfeited. Unused bids are refundable at any time! In the event that Bargainsandfun.com ceases operation all un-used paid for bids will be refunded back to the respective accounts. Once a bid is used in an auction it is non-refundable unless the auction is voided. See the Auction Voided section below! Bids have a value only on Bargainsandfun.com and can not be transferred to other sites.
4b. Free Bids/Referral Bids/Bids won at auction/Contest bids are considered Free bids. Free bids can be given to any user at any time for any reason as deemed fit by Bargainsandfun.com. Free bids expire as per section 4c of this document.
4c. Bids are the digital property of Bargainsandfun.com for use only on our auctions and games. Any bids that are determined to be gained by fraudulent means can be removed by us at any time. Regular price purchased bids or bids gained from the exchange for bids option are valid for 120 days. Free Bids, bids won at auction, bids won in contests, and referral bids expire after 60 days.
5. Bidding / Use of the BidBuddy / Use of PowerBidder Users can bid in our online auctions in 3 ways. Option 1 is to hit the bid button and place a manual bid. Bargainsandfun.com does not guarantee that any bid placed at 3 seconds or less will be placed via this method. Bargainsandfun.com will review the users bid history to determine when the user typically bids and make the decision based on that history. Upon request we will supply the user with this information. Option 2 for online bidding is to use the automated bid buddy on our site. When set correctly this bid buddy will place a bid within the last 10 seconds of the auction to prevent you from losing. However you must supply it with enough bids and set your ranges properly to ensure that he bids correctly. Option 3 for online bidding is to use the PowerBidder This option is similar to the regular bid buddy however instead of waiting for the last 10 seconds he will immideatly bid as soon as any other user places a bid on the auction. Provided he has enough bids and the limits are set correctly this option will always keep you on top of the auction. Neither of the bid buddys (bid buddy or powerbidder) can be cancelled once they have placed a bid. Please understand this and place them accordingly. Unused bids in either of the bid buddies will be returned either at the end of the auction OR when the limits for that bid buddy have been exceeded.
6. How It All Works When a user places a bid or bidbuddy on an auction that bid will be deducted from the users account and becomes non-refundable. The bid is placed on the auction and the price of the auction will go up by a set amount. The timer for the auction (depending on type) will either gain a set amount of time (up to just over 1 minute) or return to a predetermined time. Other users can then place bids on the auction as well. When the timer reaches “Ended” the auction is over and the last person to bid wins the auction. In some cases during heavy activity there may be a slight pause at the 1 second mark. This is to ensure that all bids placed by users are recorded and that no bids are pending. We encourage you to keep an eye on BOTH the auctions bid history as well as the current high bidder as in some cases during high activity or poor connections on the web that are out of our control the two may not reflect the same information. When in doubt hit your bid button as that will ensure that you either are or are not the high bidder and if not it will place a bid for you.
7. Acceptance of the Win and Payment Procedures After an auction has ended, the last bidder (“winner”) must go to their “Profile”. Here, information such as total price and payment options will be displayed. The user must actively accept or deny each item. A user has 7 days to accept or deny an item. If the item is not accepted within 7 days the auction will be considered denied. Once an item is denied it will be re-added to our inventory and put in the queue to be relisted on the site. WE CAN NOT HONOR A PURCHASE IF THE ITEM HAS BEEN DENIED. Once an item has been accepted by the user they will have the option to make the payment. The payment will include the final cost for the auction and any shipping charges that are listed in the item. Any bids that are used in an auction are considered used and will not be refundable in any way. After the item has been accepted and paid for the user will receive an e-mail including the details of the transaction. The item will not be sent to the user until the total price has been paid and the user does not have an account balance. All bids used on the auction must be properly acquired and/or 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 for the item have been paid for in full. Bargainsandfun.com reserves the right to cancel the purchase agreement and relist the item if the item is not paid for within 7 days of the auction closing. Should multiple accounts be used to receive free bids and win items those items will NOT be honored!
8. Returns and Cancellations In the event that a user has won an item and wishes to not purchase the item they may deny the item in the Won Auctions tab of their Profile. In the event they have accepted the item and paid for the item but the item has not shipped they Must notify us immediately via e-mail or letter. In the event the item has shipped the user may return the item to us accept where certain restrictions apply. Items that may not be returned include but are not limited to, computer games and software, audio or video recordings, video games and consoles or any item that is listed as NON-RETURNABLE in the item description. In the event the item has shipped the user has 15 days to return the item to us. The user will be given an RMA number and should return the item to us,however shipping is at the users expense. All items must be in original packaging and include all items that originally came in the package. Items that do not meet this criteria will not be accepted for return and no refund will be given. firstname.lastname@example.org 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 item received or only able to return it in part or only in a depreciated condition, no refund will be given. Any item sold as a package that contains multiple items MUST be returned in it’s entirety to receive a refund. A refund will be in the amount of the Final Auction price only. Cost of Bids used, Cost of Shipping and retail price MAY in some circumstances be taken into account at the sole discretion of Bargainsandfun.com
9. Delivery 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. Bargainsandfun.com is 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 Bargainsandfun.com BEFORE taking delivery. Items that are received where packaging has been damaged should be DECLINED by the receiver. In the event that Bargainsandfun.com ceases operations we will ship any SOLD and PAID FOR items. Any items unpaid at that time will have bids refunded back to the respective accounts and then back to the payment source.
10. Offsetting / Withholding Payment / Retention of Title The item delivered shall remain Bargainsandfun.com’s property until payment is received in full of the total price, including the price of any 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.
11. Warranty and Limitation of Liability Disclaimer regarding the Use of Bargainsandfun.com The Users of Bargainsandfun.com hereby acknowledge that Bargainsandfun.com is provided for entertainment and shopping purposes only. They also acknowledge that Bargainsandfun.com it’s affiliates and advertisers make no claims to the accuracy of the information located on this website. Bargainsandfun.com hereby makes no claims as to the usability, and or availability of the site. We also make no claims that the site will be error free or uninterrupted. Bargainsandfun.com is provided “As Is” to the extent the laws in the state of Pennsylvania Allow with no warranties, or representations expressed or implied. The user agrees to hold harmless Bargainsandfun.com, it’s affiliates and advertisers completely for any damages, or injury that may result from the use of our site. Damages or injury may include but are not limited to site performance, errors, omissions, interruption, deletion, defect, delay of server, delay in transmission, computer viruses, line failures, destruction of services, destruction of hardware, unauthorized access, or alteration of our systems. Our users also acknowledge that Bargainsandfun.com is not in any way responsible for the actions of any third party and that the risk from these third parties is unlikely but it is possible. Bargainsandfun.com is not responsible for any damages or liability relating to the use of this site or the inability to use this site.
12. Disclaimer of Warranty regarding Purchases Users of this site understand and acknowledge that Bargainsandfun.com is not liable for any damage or injury that may result from the purchase or use of any item that is purchased from this site. In the event that the item is illegal in your area it is your responsibility to know this. You agree to hold bargainsandfun.com harmless from any allegations, damages, or lawsuits relating to your purchases from this site. In the event that an item is defective or causes a problem you may contact the manufacturer as described in the warranty that accompanies your product. Bargainsandfun.com makes no warranty expressed or implied to the usability of any product sold on this site beyond what is clearly stated in our description of the product.
13. System Outage / Temporarily Halted Auctions A system outage has occurred if no bids can be submitted or purchased for items due to an unforeseeable disruption in one of bargainsandfun.com’s systems. 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. Bids placed on a temporarily halted auction shall not be credited back on a user’s account and are not eligible for a refund for bids used or other costs incurred. In the event the outage is brought to bargainsandfun.com’s attention after the auction has closed, the results for that auction will be reviewed and the auction may be deemed “invalid”. If the auction is deemed “invalid” the item will be relisted. All bids that were placed on an auction that has been deemed “invalid” will be returned. A system outage disruption will be defined when part of bargainsandfun.com’s site is not functioning correctly. This includes the ability to purchase items, purchase bids or navigate the site. It does not include the path from the datacenter where bargainsandfun.com’s servers are stored to your location. You agree that these conditions are outside of our control and will not hold us liable for any problems caused by conditions that are outside of our control.
13b. Due to recent events we are requiring that any issues that are reported to the site include evidence of the issue. We recommend you record all auctions you bid on and send us the video when you report the issue. The video software Blueberry Flashback Express 2 is what we recommend be used as it will also show mouse clicks. Software that does not show mouse clicks will not be accepted as we can not verify that the mouse was clicked. The last thing that the video MUST include is a Traceroute screen (from your dos prompt) from your computer to our server.
14. System Bans and User Denials Bargainsandfun.com reserves the right to deny any person access to our system. Should you find that your access has been terminated you may inquire from us as to why it has been restricted. This is a private system and have no RIGHT to be here without our consent.
15. Hacking/Attempted Hacking We regularly check server logs and site logs to ensure that our system is secure. Should we find evidence in any means that you are attempting to or have successfully accessed any part of our system that is considered “not within your access” it will be considered hacking and all information we have will be provided to the proper authorities. Your ISP and any and all other entities that are required to 1st make sure that your access to our system is terminated. 2nd Allow for prosecution. 3rd ensure that our system remains safe for all other users. Areas that are “not within your access” are areas that you are required to “search” for. If you can not get there by following links that are located within our website you are not permitted to be there. You are not permitted to attempt to locate the “Administration Control Panel” of this website or ANY OTHER BACKEND FUNCTIONS. This includes the use of Google or other search engines to try and locate these areas. Areas that are “within your access” are areas that can be reached from any link contained on the main www.Bargainsandfun.com website or the pages that can be linked to from that site. While on this site you should never need to change anything in the URL bar and doing so may make you in violation of this agreement.
16. Trademarks All rights reserved. All trademarks appearing on this site are the property of their respective owners.
17. 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.
19. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information We will not collect any data other than that which is required by the registration form on this site and IP addresses of visitors to this site. Cookies may be installed in your computer when you visit the site but are only installed as a place marker to keep you logged into our site. We do not collect information about sites you have visited or where you go after you leave here. In the event that your account is closed we agree to remove all personally identifying data from our systems within 90 days Except as required by law and for book keeping purposes.
20. 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.
21. VIOLATIONS Depending on the severity of the violation we may do several things. As we feel that the safety of others is our utmost concern some of the below steps may be skipped. 1. Disable User Account2. Ban User/userIP from system3. Contact Users ISP4. Contact Authorities (Local/State/Federal)5. Contact other Points Of Access*
*We consider a point of access to be any location that the user can be accessing our system from. This includes but is not limited to Public locations where Wifi is available, cell phone providers and any and all other locations that the user can be traced to. We will use all means necessary to locate these locations. Note: We would like to advise all users to monitor their bidding practices. Placing bids online at www.bargainsandfun.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly. While this site is not a gambling site it does have some features that may seem as such. If you feel that you have a gambling problem please consult your phone book and seek help.