Acceptance of Terms & Conditions
Terms & Conditions are agreements between Bid-Tyme and You. By using Bid-Tyme You agree to the Terms & Conditions set by Bid-Tyme
Changes to Terms & Conditions
Bid-Tyme may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, You agree that Bid-Tyme may provide You notice of such changes in any of the following ways: via an email from Bid-Tyme's newsletter, or by any social media that Bid-Tyme is on such as Twitter and Facebook. It is Your responsibility to review any revised Terms & Conditions everytime you visit Bid-Tyme's website. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using Bid-Tyme's services. By continuing to access, use, or download in any way any service from Bid-Tyme following notice of a revision to the Terms & Conditions, You agree to and are bound by the Terms & Conditions as revised.
By accepting the Terms & Conditions and/or registering with Bid-Tyme, You confirm that You are at least 18 years of age and at least age of majority under applicable laws of the country, state, city, or other jurisdiction (each, a "Jurisdiction") of Your residence, that You can engage in a binding contract, and that You meet all other eligibility requirements contained in these Terms & Conditions. By using Bid-Tyme, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.
You must reside in the United States or Washington D.C.
Bid-Tyme employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Bid-Tyme employees may not under any circumstances participate in Bid-Tyme auctions.
Bid-Tyme reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. Bid-Tyme limits the number of user accounts per natural person to one (exceptions may apply – contact customer support with any questions at email@example.com). Bid-Tyme reserves the right to, from time to time and in its sole discretion, impose different win limits for specific products.
You may not participate in collusion with other users. Bid-Tyme reserves the right to permanently close the accounts of users suspected of collusion. If Your account has been closed due to suspicion of collusion, You will no longer be entitled to refunds for Your purchases on Bid-Tyme.
You may register only once with Bid-Tyme, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. You may not collude to exchange information with other Bid-Tyme users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other Bid-Tyme users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If Bid-Tyme receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Bid-Tyme's sole discretion, Your user account may be frozen until You change the username. Bid-Tyme also may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. Bid-Tyme will never ask for Your password except during login. You should never provide Your password to anyone, including Bid-Tyme employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account.
You may refer friends to Bid-Tyme using the referral form on the website. Bid-Tyme offers free bids to any user who refers new users who purchase a Bid Pack. Bid-Tyme reserves the right to review each referral for possible fraud. You may not refer family members or persons located in Your household. Any abuse of the referral system may result in the deduction of fraudulent bids awarded and/or the termination of Your account in Bid-Tyme's sole discretion.
Bid-Tyme reserves the right to temporarily or permanently terminate Your account at our sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. You agree that if Bid-Tyme, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Bid-Tyme may withhold, cancel, or otherwise retain any and all of Your pending deliveries and/or refunds for bids.
Bid Purchases / Bidding
Bids are purchased in advance in the form of "Bid Packs." Bid-Tyme reserves the right to offer different size Bid Packs at different times. Should You not honor a payment, You will be charged a returned payment fee of $35. Bid-Tyme reserves the right to block access to a user's account until payment in full of the invoice amounts, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full is received.
From time to time, free bids may be offered. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded, irrespective of whether or not the bid is successful.
Bids are a limited license to participate in Bid-Tyme's auctions and have no monetary value. You may not obtain any money in exchange for Bids. To the extent there are unused Bids in Your account, and there has been no activity for 3 months, You will be charged an inactivity fee of ten (30) Bids per month. All Bids expire after 6 months of inactivity. Once we delete Bids we will not reinstate them, except at our discretion.
If You ever believe that Your account does not reflect Bids that You have acquired validly, You must notify us within 10 days of the date You claim to have acquired the Bids.
Bid-Tyme may, in its sole discretion, offer auctions that allow users to choose the product they want from a specified list of products after they win an auction or choose to Buy Now. Although Bid-Tyme strives to offer products in an auction that are of an identical or similar price, manufacturers' practices, product availability, currency exchange rates and other factors make this impractical in some circumstances. By participating in auctions, you agree that Bid-Tyme may, in its sole discretion, offer different products at different but similar (as determined by Bid-Tyme in its sole discretion) prices.
Bid-Tyme reserves the right to, from time to time, in its sole discretion, change the price of bids.
Acceptance of the Win / Payment
After an auction has ended, You must pay the total price for the won auction. Once You bid on the auction you accept to pay the final amount should You win the auction. If an auction win has not been paid within three (3) days of the auction end date, Bid-Tyme may withdraw the offer to conclude the order and permanently revoke the winner's right to pay for and receive delivery of an item. If available, Bid-Tyme has the right to deduct bids from Your account in the equal amount of unpaid item(s).
Returns / Cancellations / Exchanges
Bid-Tyme allows customers the right to cancel or return an order in accordance with our Return Policy, which Bid-Tyme may change from time to time in/at our sole discretion.
If You wish to return or cancel an order, please contact us at firstname.lastname@example.org
In order to complete a return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You unless the reason for the return is Bid-Tyme's error. Bid-Tyme will not accept a return if You are unable to return the product received or are only able to return it in part or in a damaged or used condition. Bid-tyme reserves the right, in its sole discretion, to charge a restocking fee equal to 15% of the value of the item.
Should Bid-Tyme incurr additional costs for insufficient postage on the return, these costs will be deducted from the refund amount we will remit to You.
Should Bid-Tyme not be able to deliver the product ordered or the product won for any reason, You will have the option to accept an alternative but comparable item, as determined by Bid-Tyme in its sole discretion, or receive a refund of the transaction amount paid (including shipping costs, if any). Any bids used in that specific auction will also be credited back to your account.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Bid-Tyme's property until Bid-Tyme receives payment in full, including shipping costs and bids used in the auction.
Disclaimer of Warranty and Liability Regarding Use of PaceBids
You agree that use of Bid-Tyme is at Your sole risk.
YOUR USE OF BID-TYME IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY BID-TYME SP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BID-TYME DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BID-TYME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BID-TYME, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF BID-TYME, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, BID-TYME DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU UNDERSTAND AND AGREE THAT BID-TYME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM BID-TYME OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT BID-TYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH PACEBIDS.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON BID-TYME'S SERVICES OR ITEMS PURCHASED THROUGH BID-TYME, FROM INABILITY TO USE BID-TYME'S SERVICES OR ITEMS PURCHASED THROUGH BID-TYME, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF BID-TYME SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of Bid-Tyme, You should discontinue Your use of Bid-Tyme.
Disclaimer of Warranty and Liability Regarding Purchases from Bid-Tyme.
Bid-Tyme hereby disclaims any and all liability from claims arising from trip packages offered on the Bid-Tyme site. Bid-Tyme will not be liable for any damages or injuries, whether physical, mental or emotional, that occur or are received during a trip purchased on the Bid-Tyme's site. Bid-Tyme is not liable for flight delays, loss of baggage, or other losses that occur during a trip offered on the Bid-Tyme's site. This responsability is soley on the provider of those services.
All new products are sold with the manufacturer's limited warranty only unless it is otherwise mentioned. Bid-Tyme warrants solely that the products sold to You under these terms shall have the characteristics specified in Bid-Tyme'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 to Bid-Tyme or by going to the manufactures webstie. Warranty is excluded for the delivery of any used products, unless it is mentioned so.
YOU AGREE THAT BID-TYME SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY BID-TYME. IN NO EVENT SHALL BID-TYME BE LIABLE TO YOU OR ANY OTHER 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.
You agree to indemnify, defend, and hold Bid-Tyme and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of Bid-Tyme or any of the services offered by Bid-Tyme, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.
System Outage / Temporarily Paused Auctions
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 paused and the remaining time for the auctions, the current bidding price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, Bid-Tyme is not responsible for any other costs incurred by You due to a system outage. Bid-Tyme reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Bid-Tyme, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. PaceBids shall not be liable for any damage incurred by auction users or third parties from using Bid-Tyme's services. In particular, Bid-Tyme shall not be liable for damage that occurs due to bids not being received by PaceBids, not being received promptly, or not being considered as a consequence of technical errors.
Bid-Tyme's logos are trademarks of Bid-Tyme. All rights reserved. Any trademarks appearing on Bid-Tyme are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Bid-Tyme should be made directly to the manufacturer in accordance with their Terms & Conditions.
By agreeing to these Terms & Conditions, You and Bid-Tyme each waive the right to a jury trial or to participate in a class action. In the case of a dispute, You agree to contact Bid-Tyme and negotiate for a resolution for up to 60 days.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of Bid-Tyme shall be governed by the laws of the United States of America and the State of Connecticut.
Bid-Tyme will follow all applicable laws for the sale of bid packages and goods in the countries in which it operates.
VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account or participate in auctions offered by Bid-Tyme while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that Bid-Tyme cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. 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 cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Placing bids online at www.Bid-Tyme.com frequently or repeatedly can result in high costs to the user. All users should monitor their bidding practices and check their charges regularly. Bid-Tyme is not responsible for any of its users’ financial loss caused by using the services of Bid-Tyme.
Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to Bid-Tyme by You must be given in writing by email to email@example.com