Terms and Conditions

1. General

BidandBuy.Auction, division of M-S Distribution LLC welcomes you to the community. All services are provided to you, AS IS, and are subject to the following General Terms and Conditions of Service (“Terms”), which may be updated by us from time to time. You can review the most current version of the Terms at any time at: www.BidandBuy.Auction/terms-of-service. The Terms contained herein should be read by you (the “User”, “Users”, “You” or “Your”) prior to your use of any of the BidandBuy.Auction services. Please note, that the Terms constitute a legally binding agreement between you and BidandBuy.Auction Inc. and you and BidandBuy.Auction (collectively referred to as “BidandBuy.Auction”) which separate companies own and operate different aspects of the Internet Website found at www.BidandBuy.Auction, (collectively the “Website”) and shall govern all aspects of the services and the relationship between you and BidandBuy.Auction. More specifically, BidandBuy.Auction, owns and operates all aspects of the BidandBuy.Auction Store which is found at www.BidandBuy.Auction/store (the “Store” or “BidandBuy.Auction Store” and BidandBuy.Auction Inc. owns and operates all other aspects of the website and experience.

Without limitation, and for clarity, the Terms shall apply and govern the relationship between BidandBuy.Auction (“BidandBuy.Auction”), it’s Internet platforms BidandBuy.Auction and the BidandBuy.Auction Store found at BidandBuy.Auction and you (“You”, “User”, “Users”, “bidder”, “Successful Bidder”, “Seller” or “Purchaser”). By using the Website, the BidandBuy.Auction Store and/or clicking the “I Agree” button, you accept the Terms, as well as the manner in which the Website operates, as described on the Website. Furthermore, please review our privacy policy and all other policies, procedures, descriptions, rules and regulations found by accessing BidandBuy.Auction or any sub –page thereof, which are hereby incorporated into the Terms by reference.

2. Acceptance of Terms

From time to time, you may be required to accept the Terms by clicking a checkbox or other method, as indicated; however, by using the website, making use of any of the services or accessing the BidandBuy.Auction Store, which services include but are not limited to, any interaction whatsoever, with the BidandBuy.Auction Brand, website or any of the affiliated companies or partners (the “Services”), creating and registering an account (the “Account”) with BidandBuy.Auction or with the BidandBuy.Auction Store, you also further acknowledge that you understand and accept the Terms contained herein, as modified or as changed from time to time.

3. Eligibility / Registration / Disqualification

Eligibility:

By placing a bid on the Website, the User declares that they have the legal capacity to enter into a binding contract. It is BidandBuy.Auction policy to conduct all of the auctions in a fair and impartial manner. Employees and relatives of employees of BidandBuy.Auction, or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.

BidandBuy.Auction products and services are offered exclusively to private users and not to commercial or partly-commercial resellers, unless authorized by BidandBuy.Auction or provided to users as an added benefit by BidandBuy.Auction or an affiliated party, partner or supplier. BidandBuy.Auction reserves the right to exclude anyone it has reason to believe is a commercial reseller without authorization, or who is not using the Services for their stated or designed purposes, from participation in auctions and may close the user accounts at any time.

Registration:

Any Individual may only register one account and registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user registration per household is permitted. You will be asked to provide certain personal details and particular information, included but not limited your phone number and other contact details. You understand, acknowledge and accept that you have consented to being contacted at the contact information that you have provided. Your account will give you access and be used for your experience to the BidandBuy.Auction Services, which includes, but is not limited to, access to the BidandBuy.Auction Store as both a buyer and seller.

During the registration process, User must choose a username. The username should be appropriate. The username MUST NOT be abusive, offensive, deceptive, misleading, obscene, offend common decency, be in anyway deceiving, in the opinion of BidandBuy.Auction be used to influence or manipulate auctions, sales, interfere with retail listings or infringe the intellectual property rights of third parties. If BidandBuy.Auction receives credible information that a username is illegal or in breach of any of these Terms, BidandBuy.Auction reserves the unfettered right to replace this username without prior notice or consent from you. Without limitation, where BidandBuy.Auction deems you to be using your account for anything outside the stated purposes or in violation of these Terms, BidandBuy.Auction is authorized to close the account and take any remedial actions that are deemed necessary.

During the registration process, User must also choose a corresponding user password, which shall, at all times, be kept secret and confidential by the User. User accounts created during registration are non-transferable or assignable. The User account may be used only by the User and not by anyone else. For clarity purposes, the User is wholly responsible for his/her password protection and shall be liable for all activities that are undertaken using the User account together with the associated password.

Disqualification:

In the event of any abuse or unauthorized use of the User account, due to actions or omissions of the User, which are in breach of these Terms or to the detriment of BidandBuy.Auction shall reserve the right, at its sole discretion, to temporarily or permanently disqualify the user, disable its account and, if appropriate, report to the relevant authorities. Examples of such unauthorized usage include, but are not limited, to non-payment of bids, use of unauthorized third-party software, the creation of multiple user accounts by the same individual or household, any attempt to manipulate the auctions or the proper functioning of the Website, and/or any dishonest, deceptive or unfair behaviour in connection with the Website, BidandBuy.Auction or any social media platform or community group associated with, or in connection with BidandBuy.Auction or the penny auction community.

In the event of a breach of these Terms, BidandBuy.Auction reserves the right, amongst other remedies, to withhold deliveries or refunds for bids. Furthermore, BidandBuy.Auction reserves the right, at its sole discretion, to limit the number of auctions a User may participate in or may revoke any of User’s successfully finished auctions, or take any of the measures available and described in these Terms.

Without limitation, it shall be a breach of these Terms if User provides any information that is false, inaccurate or misleading, and/where the User engages in any unlawful activity in connection with the Website, and/or where the User creates or attempts to create interference with the proper working of the Website, and/or where the User behaves in a manner that is unfair, unethical, uncivil or deemed to be the same by BidandBuy.Auction at its sole and unfettered discretion

4. Fraudulent Behaviour

Without limitation, BidandBuy.Auction reserves the unfettered right to determine what constitutes “Fraudulent Behavior.” Where BidandBuy.Auction determines or deems that you have conducted yourself in a manner that constitutes “Fraudulent Behavior,” including but not limited to instances where you have engaged in or intend to engage in fraudulent, dishonest, illegal, or improper activities while using the website BidandBuy.Auction, at its sole discretion shall be entitled to take any action necessary, including but not limited to blocking and/or restricting your access to the Website, terminating your Account, revoking any and all promotions, product and/or award that has been promised to you, and/or taking any and all necessary legal proceedings against you or any other related party.

5. Prohibited Use

Without limitation, BidandBuy.Auction reserves the unfettered right to determine what constitutes “Prohibited Use.” BidandBuy.Auction grants you access to the Website and is committed to maintaining an integral community for all its Users. You are strictly prohibited from using any third party External Assistance Software Programs that are not permitted by BidandBuy.Auction, which can include but is not limited to Bots, and/or data mining and/or any form of analytical tools in connection with the Website. In addition, you shall not collude with any other User, or individual on the Website, while participating in an Auction or using any of the services or accessing the BidandBuy.Auction Store as either a buyer or a seller; nor shall you behave, whether on the BidandBuy.Auction website or by using any other communication medium whatsoever, in a manner that is unfair or dishonest or meant to influence or manipulate any aspect of the website or broader community to the detriment of other users or the Website; nor shall you utilize bidding behaviour that BidandBuy.Auction determines to be unfair, dishonest or manipulating; nor shall you utilize or control, at any time, more than one (1) User Account while accessing the Website. Where you engage in any of the activities described in this section and/or BidandBuy.Auction at its discretion determines that your behaviour constitutes “prohibited use” BidandBuy.Auction shall be entitled to subject you and/or your account to any of the remedies or actions prescribed in section 3 of these Terms.

You are also prohibited from accessing the Services where they are prohibited by law, and any use will be VOID WHERE PROHIBITED BY LAW. BidandBuy.Auction is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction you are physically located in, while accessing the Services. You acknowledge that BidandBuy.Auction is not always able to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of your use of the Services and shall indemnify BidandBuy.Auction and bear any losses claimed as a result of your use of these services. You warrant to BidandBuy.Auction that you are permitted by law to participate in online auctions from your then jurisdiction. You shall only use the Services provided by BidandBuy.Auction if you are at least of the age of majority in the jurisdiction where you are physically located while accessing the Services, and you are not less than 18 years old.

6. Payments

Payments can be made by credit or via payment agents such as PayPal or any other mechanism provided by the Website. Should a payment not be honoured by a User, a returned payment fee will be charged to the User.

7. How to Place a Bid

Users can bid in different ways in connection with the Website. Bids can be placed by physically clicking on the bid buttons, or can be placed automatically using the tools provided from within the site. In addition, BidandBuy.Auction may at its discretion introduce different functions and features that may add, subtract or otherwise alter bid functionality on the site. Once a bid is placed, it is deducted from the User’s bid account.

8. How Auctions Work

In regular auctions, with each bid placed the price of the item on which the User is bidding increases by the amount designated on the Website by BidandBuy.Auction. A bid submitted by the user conveys the willingness of the User to enter into a binding contract with BidandBuy.Auction to purchase the item offered as indicated at the closing of the bid. In the event that the bid is the last bid made at the end of an auction, the bid constitutes a binding contract between BidandBuy.Auction and you the User, whereby you are bound to purchase the item of the auction at the bid price and under the conditions set out in the pages which provide the details for each specific 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 section 9.

The auction ends when the remaining time reaches zero. The user who was the last to bid is declared the “Successful Bidder”. All other bids on the item expire. The last bidder is determined according to the records in BidandBuy.Auction’s database. BidandBuy.Auction’s determination of the last bidder shall be absolute and final in all cases. In an effort to deliver to the User a unique and valuable customer experience, You agree that BidandBuy.Auction can and may make available certain tools to Users that impact the regular performance of an Auction.

9. The BidandBuy.Auction Store and the BidandBuy.Auction Wallet:

The BidandBuy.Auction Store, is available to all Users of the BidandBuy.Auction Website. You agree and fully understand that the Store is provided to you as a value added aspect of the BidandBuy.Auction Website and you agree to the use of the store only in conformity with the rules, policies and procedures associated with the Store which, if are not explicitly mentioned herein, are incorporated by reference.

Buyer:

As a BidandBuy.Auction User you have the ability to purchase items from the Sellers, or BidandBuy.Auction at the BidandBuy.Auction Store. You understand that as a Buyer you are bound by these Terms and Conditions and further agree that the delivery of your item, shipment of your item and conditions around the purchase of your item are the same as if you had won the item yourself in an Auction as is more fully outlined in these Terms. You understand that by making a purchase you are bound to these Terms.

10. Successful Bids and Payment

After an auction has ended, if you are the last bidder you (the “Purchaser”) go to “checkout”, for information on total price (including shipping costs, taxes, etc.) and payment options will be displayed and pay the total price for the successful bid by following the steps indicated on that page or elsewhere if indicated.  Subsequently the item will be delivered to the successful bidder.

Publicity:

BidandBuy.Auction reserves the right to publish the name, region and photograph of any successful bidder, User or seller. This rule is one of the conditions of participating on the Website in all its capacities, which allows BidandBuy.Auction to provide the public with proof of the fact that Users who have successfully bid on the Auctions and or purchased or sold items are in fact genuine. This constitutes a fundamental transparency issue. As a User of the Website or successful bidder of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your successful bid. The following rules apply to the photo session:

1. The face must be uncovered
2. BidandBuy.Auction might require photo ID to confirm the winner’s usual appearance. If a winner refuses to comply with these rules, BidandBuy.Auction reserves the right to suspend payment of the item. The information gathered may be used to write a press release to be sent to the media and distributed publicly accordingly. Your successful bid may also appear in one of BidandBuy.Auction’s commercials, including but not limited to, television and radio, as well as on the Website.

11. Cancellations

BidandBuy.Auction does not allow successful bidders the right to cancel a purchase.  All auctions and sales are final.

12. Delivery

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the User. Deliveries are made solely within the United States of America and the provinces and territories of Canada. Generally all shipping prices indicated on the site are specific to the populous states in America, however, where delivery is required across certain borders or jurisdictions this could give rise to additional shipping costs, such as duty or custom charges or any other additional shipping charge (“Additional Shipping Costs”), all such Additional Shipping Costs shall be at the sole expense of the User and BidandBuy.Auction is not responsible for such Additional Shipping Costs.

Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. BidandBuy.Auction shall make reasonable best efforts to deliver any products within the time period indicated, however, due to unforeseen circumstances outside of BidandBuy.Auction’s control certain delays may apply. BidandBuy.Auction shall be entitled to engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item or packaging during transport shall be reported to BidandBuy.Auction by the Purchaser upon taking delivery.

Should BidandBuy.Auction not be able to deliver the item ordered, BidandBuy.Auction shall promptly notify the Purchaser if it can deliver a comparable substitute product which is of equal or greater value. The Purchaser shall then promptly notify BidandBuy.Auction of his/her wishes to receive this substitute or if he/she prefers to receive a refund of the final auction end price or purchase price if the item was purchased through the store. In addition to the foregoing, the Purchaser of any item via the store understands that any related refunds may only be available on BidandBuy.Auction Wallet Gift Cards (“BWGC”).

13. Compensation for Defects

Where there is a defect in the product received and the Purchaser wishes to retain the product and receive compensation from BidandBuy.Auction for the reduction in value arising from the defect, the Purchaser must provide BidandBuy.Auction with reasonably sufficient evidence of the defect and the reduction in value. Accordingly, minor defects will occasion a minor compensation to the Purchaser by BidandBuy.Auction. The Purchaser must make such claim within the fourteen (14) day period set out above in section 10 of these Terms and according to the same conditions.

14. Promotions

All promotions run by BidandBuy.Auction shall only be valid if they are announced on the Website or in its corresponding email newsletter, and only in a manner consistent with the prescribed terms contained within such corresponding emails or newsletters, and only for the limited time announced therein. All promotion material, rules, policies and procedures and any content therein, are hereby incorporated into these Terms by reference.

15. Help Section, Suggestions and FAQs

Without limitation, all bidding and sales advice or other advice including but not limited to “Help Section”, “Suggestions” or any other written or oral correspondence made accessible to the User by BidandBuy.Auction , shall not be relied upon by the User for any other purpose. For the purposes of clarity and avoidance of any doubt, BidandBuy.Auction is not responsible for any action or direction taken by a User or any other person who has read and relied on any of the said correspondence. You the User shall, at all times, remain solely responsible for your own bidding selling and purchasing practices in connection with the Website. Placing bids on the Website can incur costs and you are not promised any degree of success in participating in such auctions, furthermore all such costs are the responsibility of the User and should be monitored by User.

16. Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER BIDANDBUY.AUCTION, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, PARTNER COMPANIES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.

THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDANDBUY.AUCTION 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, BIDANDBUY.AUCTION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE 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, COMMUNICATION LINE FAILURE, SERVER 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 BIDANDBUY.AUCTION 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 BIDANDBUY.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 THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER BIDANDBUY.AUCTION, 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 INAUTHENTICITY OF, THE INFORMATION CONTAINED IN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF, 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 BIDANDBUY.AUCTION, ITS AFFILIATES, INFORMATION PROVIDERS NOR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. IN ADDITION THERETO, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. USER FURTHER ACKNOWLEDGES THAT THEIR USE OF THE SERVICES ARE LEGAL IN THE JURISDICTION THAT THEY ARE ACCESSING THE SERVICES FROM AND AGREES TO INDEMNIFY BIDANDBUY.AUCTION FOR ANY LOSSES RESULTING FROM A COURT DETERMINATION THAT THEIR USE OF THE WEBSITE IS ILLEGAL OR IN VIOLATION OF ANY STATUTE, LAW or COMMON LAW.

17. No Warranty

All new products are sold with the manufacturer’s limited warranty only. BidandBuy.Auction warrants solely that the products sold to User under these Terms shall have the characteristics specified in the Website’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 BidandBuy.Auction. Warranty is excluded with respect to any products, which are used products and Bid Packs.

BidandBuy.Auction shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products purchased by the Purchaser or any other person following delivery by BidandBuy.Auction. In no event shall BidandBuy.Auction be liable to any person for incidental or consequential damages relating to the products, 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.

18. System Outage / Temporarily Halted Auctions/ Inactive Accounts

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 three (3) minutes will be added to the auction timer; BidandBuy.Auction reserves the right, at its sole discretion, to add more than three (3) minutes to the auction timer where it deems such action to be advisable in the circumstances present. The Website shall indicate when an auction has been temporarily halted. It is the User’s responsibility to verify the time remaining on the countdown timer after an outage. Users who were bidding in auctions which were temporarily halted shall not have a 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) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). BidandBuy.Auction, therefore, provides no guarantee of the uninterrupted availability of the Website and technical systems and is providing you the services AS IS.

If you do not access your Account by logging onto the BidandBuy.Auction servers and using the Services offered by BidandBuy.Auction for any consecutive period of 180 days (six months), your Account will be deemed inactive and/or dormant, and may be deemed abandoned. In order to log in and utilize your account you will have to reactivate the account by calling/contacting BidandBuy.Auction customer service.

19. Claims by Users

BidandBuy.Auction, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. BidandBuy.Auction expects the same from Users. If a User does not make an attempt to resolve a dispute before initiating a claim procedure, User account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service.

20. Dispute Resolution Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting BidandBuy.Auction Support. BidandBuy.Auction Support is committed to responsibly resolving any disputes between User and BidandBuy.Auction and will endeavor to do so once notified by USER by sending an e-mail. Without limitation, and in the unlikely event that the BidandBuy.Auction Support department is unable to resolve a complaint you may have to your satisfaction, you agree that Any claim, dispute and/or controversy arising out of, in connection with and/or relating to these Terms, a breach of this Agreement and/or an alleged breach of this Agreement shall be submitted by the Parties to arbitration and arbitrated in the state of Nebraska, specifically in the Lincoln, NE jurisdiction., under the commercial rules then in effect for that jurisdiction, except as provided herein. All proceedings shall be held and a transcribed record prepared in English. Each Party shall choose one (1) arbitrator within thirty (30) days of receipt of a notice of intent to arbitrate. Within fifteen (15) days of receiving the notice of intent to arbitrate, the two (2) arbitrators shall, together, choose a neutral third arbitrator who shall act as chairman. If no arbitrator is appointed within the times herein provided or any extension of time that is mutually agreed upon, the Association shall make such appointment within fifteen (15) days of such failure. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, BidandBuy.Auction will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from BidandBuy.Auction to at least the same extent as you would be in court where your claim is successful and you are awarded compensation in excess of any previous offer made by BidandBuy.Auction.

Either party to this Agreement may commence arbitration proceedings as prescribed in this Agreement only if the dispute remains unresolved after 45 calendar days have passed from the day the other party was given notice of the dispute or grievance. In addition, thereto, no party shall commence any proceedings in any court or join a class action of any kind where they have not already attempted to resolve the dispute through arbitration.

21. Intellectual Property, Trademarks and Copyrights

The mark BidandBuy.Auction, BidandBuy.Auction’s , BidandBuy.Auction Store, logos and design marks are trademarks of BidandBuy.Auction, or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. BidandBuy.Auction claims copyrights in all content of this site and promotional materials. In addition to the foregoing, BidandBuy.Auction does rely on some third party product and content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, agencies, creative and otherwise, (collectively, “Affiliates”) who do supply some of the content on the site and, in the case of the BidandBuy.Auction Store items listed by you, and in both cases (the Store and the Site) the same may at times help ship or drop ship items purchased. Consequently, if you believe that some content on the site or connected with it is in violation of a copyrights, trademarks, trade dress or other proprietary or intellectual property rights please send us the information required to properly investigate in accordance with the Digital Millennium Copyright Act.

22. Service and Support for Products Purchased

All requests for technical service and support relating to products purchased on the Website should be made directly to the manufacturer in accordance with their warranty, terms and conditions.

23. Applicable Law / Severability Clause

These Terms and your use of the website shall be governed by the laws of United States of America and the State of Nebraska without regard to conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or Lincoln Nebraska court of competent jurisdiction, sitting in Lincoln Nebraska.

The UN Convention on the International Sale of Goods shall not apply. In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

24. Protection of Data

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 which is incorporated herein, by reference.

25. External Links

Our Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their content. We hereby expressly distance ourselves from all content of any and all websites linked to the BidandBuy.Auction Website which are not directly controlled by BidandBuy.Auction. We cannot take any responsibility for the content of, or the data protection and privacy practices of third-party websites.

26. General

This Agreement between BidandBuy.Auction and User 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 Terms or any of their rights or obligations related thereto, without BidandBuy.Auction’s prior written consent.

BidandBuy.Auction has the right to revise and amend these Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting BidandBuy.Auction’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in BidandBuy.Auction’s system capabilities.

All Users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority . Where BidandBuy.Auction sends information relating to delivery (in which case BidandBuy.Auction has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).

This Agreement and any operating rules for the Website established by BidandBuy.Auction 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. 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.

We would like to advise all users to monitor their bidding practices. Placing bids online at www.BidandBuy.Auction frequently or repeatedly can incur costs. Users should therefore pay attention to their bidding practices and check their charges regularly.

27. Freight Policy

Freight policy goes according to these rates, Anything under $100 purchase Will have a flat freight charge of $17.00, anything over $100 purchase will be added on of 17% of the total price of the item sold. Special freight pricing may be offered for orders on equipment.No freight charge on bulk items of over $2000.