1. General
By accessing our website and using the services on our
www.Bidito.com , the user
agrees and accepts the following terms and conditions (as they may be amended
and changed from at our discretion), including any and all instructions and
descriptions relating to the use of our services and of our website,
participation in our auctions, and the sale and purchase of all products and
items sold in our website or on our auctions .
The user understands that any bidding advice, articles or other information
posted on our website are only
suggestions, and are to be relied upon. Bidito shall not be liable or
responsible for any action taken by a user on our website or the action of any
other person who may have read or been informed of any such information or other
written material.
Bidito complies with all applicable state sales and use tax laws
in connection with its sales of bid packages and products on its website.
The user acknowledges and agrees that Bidito reserves the right, in its sole
discretion, at any time, to change, amend or delete any
provision of these terms and conditions without prior notice. Any such change, amendment and/or
modification will become effective immediately when posted on our website. You
are solely responsible for informing yourself of any such change by regularly
checking any changes to these terms and conditions. Your continued right to use
our services is subject to your compliance at all times with these terms, as
amended or modified and in effect at each such time. Your rights hereunder,
including to and under your account with Bidito, are personal, and may not be
used, shared or accessed by, or assigned or transferred to, any other person.
Certain additional terms and conditions may apply for the use of specific
services offered or provided, the sale of specific products or items, and to
specific portions or features on our website of which terms are made a part of
these Terms of Use by this reference. If there is a conflict between these terms
and any such additional terms for or applicable to any such specific service,
specific portion or feature of the website, the latter terms shall control with
respect to your use of that portion or feature of the website or with respect to
such specific service, etc. offered.
The user agrees to abide by such other terms and conditions, including where
applicable representing that you are at least 18 years old and have the legal
capacity to enter into binding right to use or participate in such service or
feature.
2. Eligibility; Disqualification
To be eligible to use our services you must be at least 18 years old and have
the legal capacity to enter into binding agreements, and by registering on our
website you confirm and represent that you satisfy those requirements. No
employee of Bidito’s, or any immediate family member of an employee, may use
our services or participate in any of our auctions.
Our web services and auctions are only open to private individuals. Commercial
or semi-commercial retailers or resellers are not permitted to participate
in any auction or register for our services. Bidito will immediately
terminate the use and registration of any such commercial or semi-commercial
retailer or reseller at any time and without any prior notice using our
services.
Bidito’s services and sale of products are only offered, and may only be used,
where such use and sale of products by Bidito is permitted by law. Any use of
our services and purchase of products where prohibited, shall be null and void.
Bidito reserves the right to limit the number of users per household and the
number of products that each user may purchase. No user may create or have more
than one account.
3. Registering and Accounts
To participate in an auction a user must first register and create an account
with Bidito. Each user may only register one account. All registrations are
subject to Bidito acceptance. Each user may register only once using his or
her street address, and the use of a P.O. Box address or any similar arrangement
is not permitted. The user represents and affirms that all registration
information provided is true and correct, and complete in all respect.
During the registration you must choose user name, which must not in any way be
offensive, indecent, insulting or intended to deceive or mislead other users or
persons. Nor may a user name advertise for or promote any other websites or
services, provide links to or for other websites. Each users shall be
responsible for keeping their passwords confidential and secure. You agree and
acknowledge that it is you are solely responsible for maintaining the security
of your password and all activities on your account, and agree to notify
Bidito immediately of any unauthorized or improper activity discovered or
suspected on your account. You also agree that Bidito shall not be liable for
any losses caused to you because of any unauthorized access to your account.
Each account may only be used by the person in whose name it is registered, and
no account may be shared with, accessed by or transferred to, any other person.
Your right to access our website and use of our services are strictly limited to
the services offered hereunder and in accordance with these terms and
conditions, and any other use by you, or any abuse or action taken in violation
of any of these terms by you, or any manipulation or modification of our
website, or of any feature thereon by you or as a result of your actions, or any
launch of any automated system, including “robots”, “spiders”, “offline
readers”, etc. by you or made possible by your actions, or any such other
actions caused by you that otherwise may influence or interfere with any auction
on our website, will be in violation of these terms and result in the immediate
termination of your rights hereunder and cancellation of your account. Bidito
reserves the right at any time to, cancel and terminate the account and void the
purchases of any user who Bidito shall have determine, in its sole
discretion, to have violated any of these terms. In addition, Bidito may also
withhold any deliveries of products and/or any refunds that may otherwise be due
to any such user, and such user hereby agrees to indemnify and hold Bidito,
its officers, directors, employees, agents and licensors, harmless for any and
all damages and losses (including all costs and legal fees) suffered, and which
damages and losses either directly or indirectly are caused by or as a result of
any such actions by the user.
4. Bidding and Using the AutoBidder
Users can place bids by either manually clicking the relevant bid button or by
using the automatic AutoBidderfunction. The AutoBidder lets users bid on an auction
even when they are not on line. The AutoBidder automatically places bids according
to the user’s instructions. No user may use any bidding software not authorized
by Bidito, and any breach thereof will result in the user’s immediate
disqualification from any further use of our services, and liability for
any and all losses caused. For more information on the AutoBidder, consult the
“How it works” section.
Bids must be purchased and paid for in advance in the form of “bid packages”, at
the current prices listed on our website. Purchased bid packages are
non-refundable.
5. (a) How the Auctions Work
With each bid placed the price of the item on which the user is bidding
increases by a pre-set amount. Each new bid resets the remaining time for an
auction up to, but not above, the displayed countdown reset time value of 5
minutes. When a bid is placed it is
deducted from the bidder’s/ user’s account. All bids placed are not refundable.
The auction ends if no new bid is placed before the remaining time on Bidito's
servers reaches zero. The auction time is the time used on Bidito's servers.
Sometimes the time may differ from our servers to our users' web browsers. A
user's timer should therefore only be viewed as an indication of the auction
time. The possible time difference may be caused by a slow internet connection
or an old web browser. That means that the browser may show zero even when there
is time remaining on the auction. However, this does not mean that the auction
is over. Our auction is only over when the timer on Bidito’s server reaches
zero before any additional bid is placed. The user who at such time placed the
last and highest bid wins the auction, and is obligated to purchase the product
at the winning price.
Bids are not valid until they are entered in the Bidito database and
registered in our system. Bidito shall not be responsible for any disruptions
in the user’s computer or internet connection, or because of any errors that may
occur as a result thereof, including, but is not limited to, any incorrect
countdown of the remaining time, outdated bidder information and bids. Bidito
reserve the right to pause all auctions, change the bidding time of on-going
auctions and open closed auctions on suspicion of disruptions in operations.
A bid submitted by a user only constitutes his or her irrevocable offer to
purchase the item or product in the auction pursuant to the terms the related
auction. At the completion of an auction and Bidito’s acceptance of the
winning bid, then the user with the winning bid and Bidito will be deemed to
have made and entered into a binding contract for the sale and purchase of the
product/item, subject to the user’s payment of the purchase price, all taxes and
shipping costs for the product, and completed the other necessary conditions and
steps listed hereinbelow.
The value of the products/items is based on an average price offered by local
suppliers. Bidito cannot guarantee that a corresponding product is available
elsewhere at a lower or higher price.
(b) Buy Now Option
In some auctions we may, in our sole discretion, also offer users a “Buy Now”
option. The Buy Now option allows a user to buy the auctioned product while
re-activating the users bids spent on this auction. The product value is the
suggested retail price or the average price of internet retailers in the markets
that Bidito operate. All purchases pursuant to a Buy Now
option shall be subject to the user’s payment in full of all amounts due for the
product (including all shipping and handling charges, and sales taxes) within 24
hours after exercise. Unless payment is received in full within such time
the user’s right and Buy Now option to purchase and receive the product is
automatically withdrawn and cancelled, and the user shall not be entitled to a
refund of any bids placed on the product by such user.
6. How the Seller Accounts Work
From the MyBidito page you will click
on the sell an item button, the next page is where you will create/post your item.
Your item will proceed just like a normal Bidito auction. When your item sells and Bidito receives payment for the product
you will be sent a payment to your paypal account for the bids your item generated along with the shipping cost.
Once you have received payment you must ship the item to the auctions winner.
How do I get money?
You make your money from bids when you sell with Bidito.
You may create $.02, $.05, or $.10 auctions.
- $.02 auctions will receive $.20 for each bid on there item.
- $.05 auctions will receive $.25 for each bid on there item.
- $.10 auctions will receive $.30 for each bid on there item.
Buy Now Feature
If you decide to do the Buy it now feature make sure you have enough items in stock for everyone that bids
on your item to buy the
product you are selling. You receive 5% price increase for items less than $100, 3.5% for items $100 to $199.99,
and 2.5% for items over $200. The other benefit of doing the Buy Now Feature is that your bidders will bid with
the confidence that if they lose the auction they can buy your item to receive all there bids back, this way
nobody is a loser. When you take out this fear of wasting bids you will get more
bidders, and with more bidders more money. Remember when a buyer uses the buy now feature
on your auction, it does not stop the auction, you just sell this buyer the
exact same item with the buy now fees.
Fees
Bidito Receives the final price of the item sold.
If you do the Buy Now Feature Bidito will Charge 5% of the price for items less than $100, 4% for items
$100 to $199.99, and 2.5% for items over $200.
What if my seller doesn't pay?
You may repost your item in 1 week if your winner does not pay. You will not be charged and no bids will be paid
out to you.
7. Purchasing Bids and Payment of Products
Bid packages and products can be paid for via
PayPal or any other payment method permitted and posted on our website.
Bidito reserves the right to stop any delivery until it has received payment
in full. Bidito shall not be responsible for any payment or shipping problems
related to or caused by any action or failure to act at or by any of their
suppliers, and without any fault of Bidito.
At the end of an auction, the winning bidder must go to “My Bidito”, which will
display all the necessary information to purchase and receive delivery of the
product, such as the total price (including any taxes and shipping costs) and
the payment options. The user must actively confirm and pay the total price (end
price plus any applicable taxes and shipping costs) for the win by following the
steps indicated on that page or elsewhere on the website. Once the winner has
clicked on the confirmation button the win is deemed accepted by Bidito,
subject to and conditioned upon the winner’s payment in full of the total
purchase price, all taxes and shipping charges within 30 days. If any product
has not been fully paid within such time Bidito’s confirmation and acceptance
will be deemed withdrawn and the winner will have forfeited any right to
purchase and receive the product. All bids placed in that auction expire and are
non-refundable.
Products will be shipped no later than 7 days after payment confirmation is
received. The buyer must also provide an accurate delivery address and telephone
number on the account before shipment can be arranged. It may take a few days
from shipment from Bidito to delivery to the buyer. Bidito reserves the
right to charge the winner reasonable storage charges for items not paid for.
An invoice containing the auction price and shipping costs will be sent to the
user by Bidito once delivery has been arranged.
8. Deliveries, Returns and Cancellations
Products will be delivered to the address specified by the user under My
Account. Except for audio or video recordings and computer software, any product
purchased from Bidito may be returned within seven (7) days after delivery,
in original condition with all original packaging, instructions, manuals and
other material. See the "Returns" section of our website for Return details.
Unless otherwise stated, all delivery will be made directly from our suppliers
or from our warehouse to the address provided by the user. Deliveries are made
only 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. Bidito reserves the right to involve third
parties to satisfy its contractual obligations hereunder without any notice to
the buyer. Any product damaged during shipment or any packaging damaged during
shipment must be reported by the purchaser to Bidito immediately upon
delivery.
If Bidito shall be unable to deliver the exact item purchased,
Bidito shall be entitled to substitute such item with a comparable or better
replacement product with the same or better features, or provide a full refund
of the auction end price plus all taxes and shipping charges to the purchaser.
9. 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.
10. Disruptions in Operations and Temporarily Paused Auctions
Bidito’s service is normally always available 24 hours per day, 7 days a week.
However, we cannot promise or guarantee constant and uninterrupted service.
Without limitation to any other disclaimer set forth herein, Bidito shall not
be liable for any damage or loss that may occur or be suffered by anyone due to
circumstances beyond Bidito’s control, including any technical disruption or
malfunction or system outage, or overload. In any such event, the current
auctions will be temporarily paused and the highest bid will remain. The
auctions will continue as soon as the problem has been rectified. Bidito
reserve the right to postpone the date and time of an auction’s close as a
result of unexpected disruptions in operations. Bidito is not responsible for
the site becoming overloaded and the consequences thereof.
Bidito shall not be responsible for any damages or losses as a result of any
malfunctions or problems in our or our licensors’ equipment and/or software and
without any fault of Bidito’s.
11. Trademarks
Bidito’s logos are registered trademarks of Bidito and licensed to
Bidito. All other trademarks appearing on Bidito website are the
property of their respective owners.
12. Disclaimer of Warranty and Limitation of Liability
USER EXPRESSLY AGREES THAT USE OF BIDITO WEBSITE IS AT USER'S SOLE RISK.
NEITHER BIDITO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT BIDITO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIDITO, OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH BIDITO.
BIDITO IS PROVIDED ON AN "AS IS" BASIS; TO THE
MAXIMUM EXTENT PERMITTED BY LAW, BIDITO 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, BIDITO 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 BIDITO 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
BIDITO, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A BIDITO 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 BIDITO. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON BIDITO’s WEBSITE.
IN ADDITION TO
THE TERMS SET FORTH ABOVE NEITHER, BIDITO, NOR ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, 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 ON BIDITO’s WEBSITE, 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, BIDITO, 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.
13. Disclaimer of Warranty and Limitation of Liability regarding Purchases
All new products are sold with the manufacturer's limited warranty only.
BIDITO warrants solely that the products sold to user under these terms shall
have the characteristics specified in Bidrival’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 BIDITO. Warranty is excluded for the delivery of any used
Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDITO MAKES NO OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY
RELATED SERVICES PERFORMED BY BIDITO 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.
BIDITO 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 BIDITO. IN
NO EVENT SHALL BIDITO 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.
14. Applicable Law; Consent to Jurisdiction; Timely Filing of Claims
This Agreement and your use of the Bidito website shall be governed by the
laws of the United States of America and the State of New York, without regard
to its conflicts of laws principles. Any legal action or proceeding relating to
any matter under this Agreement shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in the Borough of Manhattan, City
of New York, the State of New York.
The parties waive any and all objections to
venue in such courts and hereby submit to the jurisdiction of those courts. The
UN Convention on the International Sale of Goods shall not apply. Any claim by a
user under this Agreement and terms must be brought within one (1) year after
the cause of action arises, or such user’s claim or cause of action is barred.
No recovery may be sought by a user 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
Bidito 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. Indemnity
The user hereby agrees to indemnify and hold Bidito, its subsidiaries, directors, officers, employees and agents, lawyers, affiliates,
accountants, licensors, and other partners, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, suffered by Bidito,
or made or suffered by any third party due to or arising out of your use of the
Website or any of the Services in violation of these terms of use and this
Agreement; arising from your breach of these terms; arising from your violation
of applicable law or court order; and/or arising from your negligence.
16. Void Where Prohibited
Bidito administers and operates the website from its location; other
Bidito sites may be administered and operated from various locations outside
the United States. Although our website is accessible worldwide, not all
features, products or services discussed, referenced, provided or offered
through or on the website are available to all persons or in all geographic
locations, or appropriate or available for use outside the United States.
Bidito reserves the right to limit, in its sole discretion, the provision and
quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on Bidito is void where
prohibited. If you choose to access the Website from outside the United States,
you do so on your own initiative and you are solely responsible for complying
with applicable local laws.
17 U.S. Export Controls
Certain software and other products on or sold on our website may be subject to
United States export controls. No such software may be downloaded or sold from
the website or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using any such software,
you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
18. Other Information; Warning
Placing bids often on www.Bidito.com
can lead to high costs to the user. We advise all users to monitor their bidding habits and
regularly check on their bidding costs.
For other questions, please contact us.