BidBlink

1. General Overview

The following General Terms and Conditions shall apply exclusively to the business relationship between BidBlink, Inc. and its internet platform www.bidblink.com ("BidBlink") and our users. By participating in BidBlink, the user accepts the following General Terms and Conditions, as well as the manner in which BidBlink and its "Auto-Bid" operate as described on the website BidBlink. BidBlink must agree, in writing, to any modifications to the following Terms and Conditions.

Any special promotions run by BidBlink shall only be valid if they are announced on BidBlink’s website or in its official email newsletter. Promotions may be valid for a limited time, and details of any such limitations will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

Any bidding advice or other written materials posted on BidBlink are provided solely as suggestions. BidBlink is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

2. Eligibility to Participate / Registration / Disqualification

By signing up and placing a bid on BidBlink, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old.

Users must reside in the United States to participate in BidBlink auctions.

Employees of BidBlink, Inc. are not eligible to participate in BidBlink auctions under any circumstances.

Only one (1) registration is permitted per user, regardless of different shipping addresses. A maximum of two (2) accounts are permitted per household. If a user is suspected of having more than one account, all suspicious accounts will be suspended. This suspension is permanent until we can prove without doubt no fraudulent activity has occurred.

During the sign up process, the user is required to choose a username. The username must not be offensive, be selected to deceive or misinform other users, may not offend common decency or infringe upon the rights of third parties. If BidBlink receives information of a username which is illegal or in breach of these Terms, this username can be amended by BidBlink without prior notice.

User accounts created during registration are non-transferable. The user account may be used only by the user and not by any other person. Any abuse of the user account, be it to the detriment of third parties or to the detriment of BidBlink, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

BidBlink reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of BidBlink, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of BidBlink. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, BidBlink reserves the right to withhold deliveries or refunds for bids.

BidBlink limits the number of auctions a single user can win to 3 times per week. A week is defined as Saturday thru Friday. After the last auction has closed on Friday, all wins that count towards limits will be reset to 0. A user may check how many wins they have for the week on their "My Account" page. In addition, BidBlink reserves the right to limit the number of auctions a user may participate in or the number of won auctions at its sole discretion.

3. Bid Purchasing for Online Bidding / Payment / Validity of Bids

Bidding rights, so-called “bids”, must be purchased by users prior to online bidding. Bids can be purchased in packages (so-called “BidPacks”) at the currently applicable prices, which can be viewed in “My Account” under “Buy Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s BidBlink account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately.

Payment can be made via PayPal. The user is not required to sign up with PayPal to provide payment. All payments for bid packages are non-refundable.

Should a payment not be honored by a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. BidBlink reserves the right to block access to the user account until the invoice amount is paid in full, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full.

Once a bid is placed, the submitted bid will be immediately deducted from the user's account. Bid credits are non refundable.

4. Bidding / Use of Auto-Bid

An individual bid can be submitted by clicking "Bid" or automatically by using the “Auto-Bid” feature. Once a bid is submitted it is deducted from the user’s account.

The Auto-Bid feature will place a bid every time the user is out-bid by another user. In the event two different users have Auto-Bids set on a given auction, the Auto-Bidder for each user will place up to 5 bids every few seconds. In the event one of the Auto-Bidders has less than 5 Auto-Bids remaining, it will place any remaining Auto-Bids and will be matched by all other Auto-Bidders. The Bid History on the Auction Details page will clearly indicate how many bids are placed for each Auto-Bid transaction. The user has the ability to add as many Auto-Bids as they choose by either selecting the quantity to place and/or clicking the "Add Auto-Bids" button multiple times.

By using the Auto-Bid feature, the user acknowledges that any bids they add to the Auto-Bid can and will be placed as detailed above. The user should only add as many Auto-Bids as they are comfortable committing to the auction.

BidBlink is not responsible for the inability to place a bid for any reason, including the inability to access BidBlink or technical issues of any kind.

The user is prohibited from using bidding software not authorized by BidBlink, and doing so will result in immediate disqualification from use.

5. How the Auctions Work / Buy Now Opportunity

Each bid placed will lower the price by a penny ($0.01 USD). A bid submitted by the user constitutes willingness of a user to enter into a binding contract with BidBlink and in the event of a successful finish of an auction, the claim to receive a purchase offer for the item of the auction under the conditions set out in the related auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps as set forth in clause 6, below.

If there are less than 60 seconds left on an auction, each new bid placed adds up to 15 seconds to the time left for that auction. For more information, please consult the "How it Works" and "FAQ" pages. The auction ends when the remaining time reaches zero. The user who was the last to bid wins the auction.

All other bids placed on the item expire and will not be credited back to the user's account or be eligible for a refund. The last bidder is determined based on the records in BidBlink's database and BidBlink's decision regarding who is the last bidder shall be final (save in the case of manifest error).

If the final price on an auction is a negative dollar amount, BidBlink will credit the winner's account with bids that are worth the final negative amount. The amount of bids creditted will be based off of the final negative price divided by $0.10. For example, if the final price is -$10.90 then the winner would get 109 bids credited into their account, immediately. BidBlink will NOT discount the price of a product beyond $0.00 and the negative amount cannot be applied towards the shipping costs.

For auctions on BidBlink that offer the "Buy Now" option, the bidders (a bidder is a user who placed at least one bid on a particular auction) who did not win can purchase the product within 12 hours of an auction ending. The "Buy Now" offer period expires 12 hours from the auction end time. During the "Buy Now" offer period, the bidder can purchase the item for the retail price minus $0.10 per bid placed (e.g, if the user placed 200 bids on an auction, they would get a discount of $20.00 off the retail price). The amount discounted cannot exceed the retail price and does not apply to shipping or the Buy Now fee. The user will pay the discounted price plus shipping and the Buy Now fee. The final purchase price (including sales taxes, Buy Now fees, and shipping costs) must be paid in full by the user within 14 days of the "Buy Now" option being exercised. If payment is not received within this time, BidBlink is allowed to withdraw from the purchase contract. Refunds will not be issued for Bids placed in an auction, Buy Now fees, and shipping costs. Buy Now fees are equal to 7% (up to a maximum of $19.99) of the retail price of the product being purchased. If the bidder purchases the product within 30 minutes of the auction ending, BidBlink will waive the Buy Now fee.

6. Acceptance of the Win / Payment

After the auction has ended, the last bidder (“winner”) will see a congratulation message with a link to the Won Auctions page. Alternatively, the winner can locate the Won Auctions page by clicking on “My Account” and then clicking on "Won Auctions". The next action required will be clearly displayed on that item. Some actions may include, but are not limited to, entering the winner's shipping address or paying for the product. When the user clicks on "Pay for Product" they will see important information such as the total price, the payment details, etc. The user must confirm the win by following the steps indicated on that page or elsewhere on the website. As soon as the winner has clicked on “Pay for Product” on the “Won Auctions” page, the win is accepted. In the event that the winner has not confirmed the auction they won within 48 hours, BidBlink shall be entitled to deem that the winner has revoked the contract and BidBlink can withdraw from the contract. The winner’s right to delivery of the item will then be permanently revoked. There is likewise no entitlement to replacement of the bid used.

The winner will also receive a notification of the win by e-mail with a request for payment.

The winner must pay the final price plus shipping no later than 48 hours after the auction has ended. After this deadline has passed, BidBlink can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked. There is likewise no entitlement to replacement of the bid used.

The item is not sent to the winner until the total price has been paid to BidBlink. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. If bids that were already purchased and used have not been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid for in full.

An invoice containing the auction price may be sent to the user by BidBlink upon delivery this will be sent thru email and/or traditional mail.

7. Returns and Cancellations

BidBlink grants winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end seven days after the day on which a winner received the goods or a notification that the goods are ready for collection.

If a user wishes to cancel the contract, they must inform BidBlink in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.

The following contact details must be used:

BidBlink, Inc.
1072 S De Anza Blvd #A107-343
San Jose, CA 95129

support@bidblink.com

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. All returns must be insured to the full retail value of the item, not what the user paid. If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, the user will have to pay compensation to BidBlink [the amount refundable will be reduced proportionally], as applicable. Sets/boxes can only be returned in their entirety.

Should BidBlink incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods, these costs will be deducted from any payment whatsoever remitted by the customer. BidBlink will not accept COD shipments.

BidBlink will replace any defective item within 7 days from the time the item is received.

8. 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 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. BidBlink shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to BidBlink upon taking delivery.

Should BidBlink not be able to deliver the item ordered, BidBlink shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user’s preference.

9. Offsetting / Withholding Payment / Retention of Title

The user shall only have the right to offset if the user's counterclaims are not disputed by BidBlink.

The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the amount due.

The item delivered shall remain BidBlink’s property until payment is received in full of the total price (final price plus shipping and any applicable tax), including for the bids used in the auction. Until such time as payment has been made in full, the user undertakes to store the item separately from their other possessions and to insure it.

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

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

BIDBLINK IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBLINK 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, BIDBLINK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BIDBLINK 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 BIDBLINK, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDBLINK 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 BIDBLINK . USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDBLINK.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BIDBLINK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED BIDBLINK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BIDBLINK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

11. Disclaimer of Warranty and Limitation of Liability regarding Purchases from BidBlink.

All new products are sold with the manufacturer's limited warranty only. BidBlink warrants solely that the products sold to user under these terms shall have the characteristics specified in BidBlink’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. Warranty is excluded for the delivery of any used Products.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDBLINK MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDBLINK OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

BIDBLINK SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDBLINK. IN NO EVENT SHALL BIDBLINK BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

12. System Outage / Temporarily Halted Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such case, the remaining times for the auctions and the established amounts of bids and the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

With the current technology available, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). BidBlink therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to the provisions of clause number 11, BidBlink shall not be liable for any damage whatsoever incurred by auction users or third parties from using BidBlink’s services. In particular, BidBlink shall not be liable for damage that occurs due to bids submitted by auction users not being received by BidBlink or not being received promptly or not being considered as a consequence of technical faults.

BidBlink retains the right to close any auction at any time by its sole discretion. Should an auction be closed before a winner is declared, BidBlink will return all the bids to the users involved. No cash refunds will be granted.

13. 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.

14. Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of the state of California without regard to conflict of laws provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms and Conditions. THE SANTA CLARA, CALIFORNIA COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN SANTA CLARA, CALIFORNIA AND NOT ELSEWHERE. THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between BidBlink and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

15. Protection of Data: Collection, Processing, and Use of our Customer's Personal Information

The protection of your data is very important to us.

For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

16. External Links

BidBlink 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. We hereby expressly distance ourselves from all content of any and all websites linked to the BidBlink website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

17. General

The contract between BidBlink and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without BidBlink’s prior written consent.

BidBlink has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting BidBlink’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in BidBlink’s system’s 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 BidBlink website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or BidBlink notifies its users of the changes to such policies or General Terms and Conditions before BidBlink sends information relating to dispatch (in which case BidBlink has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with seven working days by the user of the items).

BidBlink is the owner or licensee of all intellectual property rights on the BidBlink website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the BidBlink website for commercial purposes.

Privacy Policy

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

1. It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.

2. We transfer information about you if BidBlink is acquired by or merged with another company. In this event, BidBlink will notify you before information about you is transferred and becomes subject to a different privacy policy.

Information Gathering and Usage

When you sign up at BidBlink, we ask for information such as your name and email address. If you win any product that requires shipping, we ask for your shipping address.

BidBlink uses collected information for the following general purposes: products and services provision, billing, shipping, identification and authentication, services improvements, contacting you, and research.

Data Storage

BidBlink uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run. Although BidBlink owns the code, databases, and all rights to the BidBlink application, you retain all rights to your data.

Changes

BidBlink may periodically update this privacy policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address specified during signup or by placing a prominent notice on our site.