General Terms and Conditions

1. General.

These General Terms and Conditions apply exclusively to the business relationship between Bidzilla ("Company") and the users of its internet platform located at URL www.Bidzilla.com (together with all subpages, "Bidzilla"). By clicking "Accept" or using Bidzilla, the user ("User") agrees to these General Terms and Conditions and any terms and conditions posted from time to time on Bidzilla (collectively, the "Terms").
From time to time, Company may run special promotions relating to Bidzilla. Any special promotions run by Company will be valid if announced: (i) on Bidzilla; or (ii) in a written communication from Company (such as a newsletter). Certain promotions may only be valid for a limited time, and details of any such limits will be announced on the website or in a written communication. Once the advertised time limit of any such promotion has been passed or has expired or the relevant auction or auctions have ended, the promotion may no longer be applied.
Any bidding advice or other written materials (for instance, 'Help' articles) posted on Bidzilla are provided solely as suggestions and are not intended to be relied upon. Bidzilla is not liable or responsible for any actions taken due to reliance by a User or other person on advice or other written materials.

2. Eligibility and Registration.

Users must be eighteen (18) years old and legally capable of entering into binding contracts. Employees of Bidzilla are not eligible to participate in Bidzilla auctions under any circumstances. Company's products and services are offered exclusively to private Users for their personal use and not to commercial or partially commercial resellers. Without limiting Company's right to suspend or terminate a User account as set forth in these Terms, Company reserves the right, at any time, to: (i) exclude a User from participation in a Bidzilla auction; or (ii) suspend or terminate the account of any User that Company reasonably believes to be engaging in commercial resale of auction items purchased through Bidzilla.
Only one registration per household is permitted, and each registration must correspond to a valid postal address that has not previously been registered to a User (such registration, a "Registered Account"). During the registration process, User must choose a username, which must not: (i) be abusive; (ii) be selected to deceive or misinform other users; (iii) offend standards of common decency (as determined by Company in its sole discretion); or (iv) infringe upon the rights of third parties. If Company, in its sole discretion, determines that a username is illegal or in breach of the Terms, Company may change the username and notify User of such change. User is responsible for maintaining the secrecy of User's password. Registered Accounts are non-transferable. Each Registered Account may be used only by the User who registered for such account.
Company reserves the right, in its sole discretion, to limit the number of auctions in which User may participate.

3. Violation of Terms.

If User uses a Registered Account in violation of the Terms or any applicable laws, Company has the exclusive right to immediately cancel such User's account and report any crime that might have been committed to the proper authorities. User is solely liable for activities taken by anyone using the User's account and associated password. Company may disqualify User or disable User's account when, in its reasonable opinion, User has violated any applicable laws or the rights of third parties. Unauthorized use of Bidzilla includes, but is not limited to, nonpayment of bids, use of unauthorized third-party bidding software, collaboration with other Users, use of offensive or hostile language, and registration for multiple accounts by the same User.
Company reserves the right to temporarily or permanently disqualify User, or disable User's account, or disable the ability of User to post messages, for any reason and at any time in its sole discretion.
In the case of User's breach of the Terms, Company reserves the right to withhold deliveries of Won Items (as defined below) or refunds of bids.

4. Bid Purchasing; Payment; Validity of Bids; Rewards.

User must purchase bidding rights ("Bids") through Bidzilla in order to bid on auctions. Bids are available in packages ("BidPacks") at the currently applicable prices listed on Bidzilla in "My Bidzilla" under "Buy Bids." User may pay for Bids or Bidpacks with a credit or debit card, as described on Bidzilla.
Company may provide vouchers for Bids if Company so chooses in its sole discretion, such as for customer service or promotional reasons. Any Bids, BidPacks, or Bid vouchers are valid for one (1) year after purchase or credit to User's account (unless otherwise stated). Any other promotional Bids will be valid for the time period stated in the terms of such promotion.
Upon placement of a Bid by User (a "Placed Bid"), the Placed Bid will be deducted from User's account. For example, if a User purchases a BidPack with 100 Bids, the first Bid placed by User will subtract one Bid, leaving 99 Bids available to User. Placed Bids will not be refunded under any circumstances. Refunds will not be issued for Placed Bids, or for expired Bids, Bid vouchers, or promotional offers of Bids.
Users may earn rewards store credits that can only be redeemed in Bidzilla's rewards store. These credits are non-transferable between Users. The items and prices in the rewards store are subject to change without notice. The schedule for earning rewards points is located at FAQ and is also subject to change without notice.

5. Bidding; Auto Bidder.

User may place bids manually through Bidzilla (e.g., by clicking on the relevant "Bid" button) or through use of the Auto Bidder service operated on Bidzilla ("Auto Bidder"). Auto Bidder will submit bids on behalf of User according to specifications set by User. Further information about Auto Bidder is available on our How It Works page.
User may not use any bidding software that is not authorized by Company. Company will immediately disqualify User from auctions in which User is participating, and may suspend or cancel User's account, if User makes any use or attempted use of such unauthorized software.
Frequent or repeated bidding at Bidzilla, whether manually or through Auto Bidder, can incur high costs. Users should closely monitor to their bidding practices and check their charges regularly. Users are solely responsible for all costs of bidding, including manual Bid charges and Auto Bidder charges.

6. Auction Process.

6.1. Standard Auction.

A standard auction will begin at the time specified by Company, whether triggered by a specific date and time or by a specified number of users indicating their interest in such auction. Each Placed Bid will increase the price of the item being auctioned (the "Auction Item") by the listed incremental price. Each Placed Bid will also increase the time remaining on the auction by an amount up to, but no higher than, the displayed timer increment value. Placed Bids will be deducted immediately from the number of Bids remaining in User's account ("Available Bids"), whether or not User wins the auction. The auction ends when the time remaining, as determined by the auction timer on Bidzilla's servers, reaches zero. The User who placed the last Bid before the auction ended is the winner of the Auction Item, as determined by Bidzilla's database records. Company has the final decision on the winner of any Auction Item. The winning User is responsible for paying the final bid price, shipping, and other charges.

7. Won Items; Acceptance; Payment.

Company's notification to User that User won an auction is an offer for User to purchase such Auction Item (the "Won Item"). A contract to purchase the Won Item does not come into effect until the auction is finished and the winning User has complied with the provisions of this Section 7. After an auction has ended, the winning User must go to the "Auction Checkout" section of Bidzilla within four (4) days. The total price of the Won Item (including final bid price and shipping costs, the "Purchase Price"), payment options, and delivery terms will be displayed. User must actively confirm and pay the Purchase Price through the process described on Bidzilla when User checks out and completes User's purchase. User must pay the Purchase Price in full and will then receive a confirmation email.
In order to receive delivery of a Purchased Item, User must have paid for all Bids, any Buy-in Fee, any previous returned payment fees, and the Purchase Price (collectively, the "Account Balance"). If User has an Account Balance, any amount paid as the Purchase Price for a Won Item will first be treated as payment on the previous Account Balance. Company reserves the right to retain a Won Item until the Account Balance has been paid in full.
Company will provide User with a receipt upon confirmation of the purchase by User and full payment of the Purchase Price. Company will provide a shipping receipt upon the making of delivery arrangements for the Won Item purchased by User (the "Purchased Item").
If the winning User does not confirm the purchase and pay in full within four (4) days, Company may withdraw its offer for User to purchase the Won Item, and all of User's rights in such item will be revoked. All Bids and fees associated with the auction remain non-refundable whether or not User purchases the Won Item. Company may charge a reasonable administrative and storage fee, not to exceed thirty dollars ($30) for any Won Item that User does not purchase.
A return payment fee may be charged to the User's account for any attempted payment (for Bids, BidPacks, Won Items, shipping costs, and any other amount payable by User) that is not honored. Company may block access to User's account and withhold delivery of Won Items until any overdue Account Balance is paid, including returned payment fees.

8. Cancellations, Exchanges and Returns.

Unless otherwise indicated on the individual item description, User may cancel the contract and return the Purchased Item within thirty (30) days from the date that Company shipped such item, except that audio recordings, video recordings, or computer software the package for which has been unsealed may not be returned and any watches must be returned within fourteen (14) days from the date that Company shipped such item. To cancel the contract for a Purchased Item, User must inform Company in writing by letter or email to the address specified below within the period indicated on the individual item description where if no period is given in the item description the period will be defined as thirty (30) days after receipt of the Purchased Item and Company must receive the Purchased Item returned by User within thirty (30) days after the date that Company shipped the item to User. All Bids and fees associated with the auction, other than the final bid price, remain non-refundable if User returns the Purchased Item. All correspondence regarding returns must be sent to the following address:
Bidzilla
P.O. Box 570
Bartow, FL 33831
support@Bidzilla.com
Cancellations and returns will not be accepted by phone. In order to complete a cancellation and return, a User must return the received Purchased Item in the same packaging and condition in which it was sent by Company. User is solely responsible for return shipping costs and for shipping insurance. If Company incurs any costs for insufficient postage on the return or other irregular charges, such amounts will be deducted from the refund amount. The Purchase Price, less original shipping and other fees, will be refunded within thirty (30) days after Company's receipt of the Purchased Item. Company may charge a reasonable restocking fee, not to exceed thirty dollars ($30) for any returned item, which will also be deducted from the refund amount. If User is unable to return the service or product received or only able to return it in part or only in a depreciated condition, the amount refundable will be reduced proportionally, as applicable.

9. Delivery.

Unless otherwise stated, delivery will be made directly from Company's suppliers or from Company's warehouse to the address provided by User upon payment for a Purchased Item. Deliveries will be made solely within the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico, and the U.S. Virgin Islands). Delivery times may vary and any delivery time indicated in the auction information is provided only as a guide and is not guaranteed. Company reserves the exclusive right to choose the carrier of Purchased Items. Obvious damage to the item from transport or packaging damaged during transport must be reported to Company promptly upon User's receipt of the item. If Company cannot deliver the Purchased Item, Company will substitute a comparable replacement product with the same or better features, or provide a refund of the Purchase Price to the User, as requested by User.

10. Withholding of Payment; Transfer of Title.

User may withhold payment for a Purchased Item only to the extent of any undisputed amounts in question. Company retains title to all Purchased Items until User's full Account Balance, or such other amount agreed upon in writing by Company and User, is paid.

11. Disclaimer of Warranty; Limitation of Liability.

USER EXPRESSLY AGREES THAT USE OF BIDZILLA (INCLUDING AUTO BIDDER) IS AT USER'S SOLE RISK. BIDZILLA (INCLUDING AUTO BIDDER) IS PROVIDED ON AN "AS IS/WHERE IS" BASIS (WITH ALL FAULTS). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, THE USE OR OPERATION OF BIDZILLA, OR ANY OTHER MATTER WHATSOEVER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS, OR ANY AND ALL WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY COMPANY OR PURCHASED THROUGH BIDZILLA.
COMPANY'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNTS PAID BY USER TO COMPANY UNDER THIS AGREEMENT AS OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY. 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 RECORDS. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE BIDZILLA, INCLUDING DAMAGES FOR LOSS OF PROFITS, SAVINGS, REVENUE, USE, OR DAMAGED FILES OR DATA, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED OR REMEDIES ARE SOUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY 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 ADDITION TO THE TERMS SET FORTH ABOVE NEITHER COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS WILL BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON BIDZILLA, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS, OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY, REGARDLESS OF THE CAUSE OR DURATION.

12. Disclaimer of Warranty and Limitation of Liability Regarding Purchases from Company.

ALL PURCHASED ITEMS ARE SOLD WITH THE MANUFACTURER'S LIMITED WARRANTY ONLY. COMPANY ASSUMES NO FURTHER WARRANTIES. THE WARRANTY PERIOD AND SERVICE PLAN WILL VARY BY MANUFACTURER AND PRODUCT. THE FULL TEXT OF ANY SUCH WARRANTY IS AVAILABLE, FREE OF CHARGE, UPON WRITTEN REQUEST MAILED TO COMPANY. ALL WARRANTIES ARE EXCLUDED FOR THE DELIVERY OF ANY NON-NEW PURCHASED ITEMS.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ALL PURCHASED ITEMS ARE SOLD ON AN "AS IS/WHERE IS" BASIS (WITH ALL FAULTS) AND COMPANY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY COMPANY OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY AUCTION OR PURCHASED ITEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. COMPANY WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY COMPANY. IN NO EVENT WILL COMPANY BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO SUCH PRODUCTS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS OF USE, 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.

13. Indemnification.

User agrees to indemnify and hold harmless Company from any claim, action, demand, loss, or damages (including attorneys'' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third-party.

14. System Outage; Temporarily Halted Auctions.

Company provides no guarantee for the constant and uninterrupted availability of Bidzilla and its technical systems. Company will not be liable for any failure or delay in performance of Bidzilla due, in whole or in part, to any cause beyond the reasonable control of Company or its contractors, agents, or suppliers, including but not limited to Internet or transmission failures, failure of equipment, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, or natural or other disasters (any of the foregoing, a "Force Majeure Event"). Company will use commercially reasonable efforts to display an outage notification on Bidzilla if a Force Majeure Event occurs. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such the case of a Force Majeure Event or other system outage, 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 Force Majeure Event or system outage has been resolved, all then-current auctions will be continued and ten (10) minutes will be added to the remaining times for the auctions. To the extent it is able to do so, Company will clearly indicate on Bidzilla which auctions, if any, are temporarily halted. Bids placed on a temporarily halted auction will not be credited back to User's account and are not eligible for a refund for Bids used or other costs incurred. Company will, however, refund Placed Bids on an auction that is cancelled by Company due to a system outage or other technical problem. In such event, Company will notify Users when such Bids are refunded into User accounts.
Notwithstanding anything to the contrary in this Agreement, Company will not be liable for any damage whatsoever incurred by Users or third parties from using Company's services or Bidzilla. In particular, Company will not be liable for damage that occurs due to Bids submitted by Users not being received by Company, Bids not being received promptly, or Bids not being considered as a consequence of any technical faults.

15. Intellectual Property.

All Bidzilla logos are trademarks of Company, or any of its subsidiaries where applicable. All rights are reserved. All other trademarks appearing on Bidzilla are the property of their respective owners.
Bidzilla is the owner or licensee of all intellectual property rights applicable to Bidzilla, and all material published thereon. All such works are protected by copyright laws and treaties, and Company reserves all applicable rights relating to the same. Users may print one (1) copy of a Bidzilla webpage and may download extracts of Bidzilla webpages for personal use only. Users may not modify or reproduce any paper or digital copies of any materials printed or downloaded from Bidzilla. Users may not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Users may not use any part of the materials on Bidzilla for commercial purposes.

16. Service and Support for Products Purchased.

All requests for technical service and support with respect to any Purchased Products should be made directly to the manufacturer in accordance with such manufacturer's terms and conditions.

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

The protection of User's 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.

Bidzilla may contain links to websites operated by other entities. If User visits any such website for which Company has provided a hyperlink, User does so at User's own risk and it is User's responsibility to take all protective measures to guard against viruses or other destructive elements. Company makes no warranty or representation regarding, and does not endorse, any hyperlinked websites, any information appearing thereon, or any of the products or services described thereon. Company's external links do not imply that Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through such external links, or that any hyperlinked site is authorized to use any trademark, trade name, logo, or copyright symbol of Company or any of its affiliates or subsidiaries.

19. Applicable Law; Severability Clause.

This Agreement and all use of Bidzilla will be governed by the laws of the United States of America and the State of California, without regard to 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 California. The UN Convention on the International Sale of Goods does not apply to the terms of this Agreement.

20. Termination.

Notwithstanding any of these terms and conditions, Company reserves the right, without notice and in its sole discretion, to terminate your license to use Bidzilla, and to block or prevent future access to and use of Bidzilla.

21. Entire Agreement; Enforcement; Waiver.

This Agreement constitutes the entire agreement between Company and User with respect to the User's use of Bidzilla. This Agreement is not intended to alter the terms or conditions of any other agreement User might have or enter with Company, its affiliates, service providers, or any similar related party to the extent that those agreements govern issues other than the User's use of Bidzilla.
Any cause of action User might have with respect to User's use of Bidzilla must be commenced within one (1) year after the claim or cause of action arises.
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect.
No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.

22. Amendment.

Company reserves the right to amend the Terms from time to time, in its sole discretion. All Users will be subject to the Terms in force at the time that they place a successful Bid on any Auction Items, unless a change to such policies or terms and conditions is required to be made by law or governmental authority. If Company amends the Terms after User has won an auction but before such User has accepted Company's offer for User to purchase the Won Item, User has seven (7) business days to notify Company in writing of User's objection to any amended Terms or User will be deemed to have accepted such changes.

23. Assignment.

User may not assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of Company. Any purported assignment in violation of this section will be void. Company may assign this Agreement and its rights and obligations hereunder in its sole discretion. Subject to the preceding sentences, this Agreement will inure to the benefit of the parties' permitted successors and assigns.
ALL USERS SHOULD MONITOR THEIR BIDDING PRACTICES. PLACING BIDS ON BIDZILLA (WHETHER MANUALLY OR THROUGH AUTO BIDDER) CAN INCUR HIGH COSTS. USERS SHOULD VERIFY THEIR CHARGES AND ACCOUNT BALANCES REGULARLY.