Terms and Conditions
Terms and Conditions – User Agreement
The following Terms and Conditions apply to any access to our products, services, and programs available from www.orangebidz.com and the relationship between www.orangebiz.com (“Orangebidz”) and the end user (“you” or “your”). By using the services of Orangebidz, you are agreeing to the following Terms and Conditions, as well as the way in which Orangebidz operates. Before becoming a member of OrangeBidz, you must read and accept all of the Terms and Conditions.
Your use of our services is governed by the following terms and conditions, (“User Agreement”). Before you can become a member of Orangebidz, you must read and accept all of the terms and conditions of this User Agreement. Orangebiz recommends that you read through all the terms carefully. This User Agreement constitutes a legally binding agreement between you and Orangebidz.
Orangebidz reserves the right to change these Terms & Conditions at any time without any notice. Therefore, you should review these Terms & Conditions for changes each time you visit. If you have any questions or concerns about our Terms and Conditions, please contact us at email@example.com.
Information on the Orangebidz website is intended only as recommendations and is not intended as amount to advice on which reliance should be placed. Orangebidz disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Orangebidz website or by anyone who may be informed of any of its contents.
By accepting these Terms and Conditions and/or registering with Orangebidz, you are validating that you are at least 18 years of age and at least the age of majority subject to the laws of the state, city or other legal entity and therefore eligible to engage in a contract. Any service of OrangeBidz you use in any way, you are agreeing to and are bound by these Terms and Conditions.
You must reside in the United States. Orangebidz employees and their family members may not participate in Orangebidz auctions. Orangebidz products and services are offered to private users only and not to commercial or semi-commercial retailers.
Orangebidz reserves the right to limit the number of user accounts per household and the number of won auctions per user account. A single credit card may not be used with more than one user account.
· A single user account may only win a maximum of eight auctions in a calendar week, Sunday through the following Saturday.
· A single user account may only win or be winning a maximum of two (2) auctions in a 24-hour period.
· A single user account may only win any one item over $150.00 in value two (2) times in a 7-day period.
* Bid packs, Midnight Auctions, and special promotional events are excluded from win limits at OrangeBidz discretion and are subject to change. Additionally, a user may win up to one Midnight Auction per night (excluding bid packs).
It is the user’s responsibility to cease bidding on items until their accounts are within the Terms and Conditions again.
Any user that bids in violation of these terms and conditions will forfeit the win. First
Violation will result in forfeit of win. User will be credited bids placed.
Second Violation will result in forfeit of win and all bids placed during auction. Account will be under review for suspension.
You may not register for more than one account on Orangebidz.com. There is a limit to one account per household/IP address. Persons that register more than one account on Orangebidz.com are subject to immediate closure of all their accounts without warning and without refund of any bid credits or won auctions that have not been checked out. In registering and using Orangebidz, you are agreeing not to have more than one account.
Usernames must not be offensive, selected to deceive other users, may not convey the appearance of affiliation with Orangebidz, may not offend common decency or infringe upon the rights of third parties. Orangebidz reserves the right to amend any username without prior notice if it is reasonably believed to be in contravention of these aforementioned terms.
Providing any misleading information when registering, or colluding to exchange information is in violation of this agreement.
If Orangebidz has information that your username is in breach of these Terms and Conditions, it is up to the discretion of Orangebidz to freeze until the name is changed or close your account without notice for violating these Terms and Conditions.
Orangebidz will not ask for your password except when logging in. You are responsible for keeping your user account password confidential and will not ever be provided to anyone. User accounts are nontransferable. You agree that your user account may only be used by you and not by anyone else. Any misuse of user accounts to the detriment of third parties or to Orangebidz, will result in the termination of the use and the reporting of the crime. You agree to be liable for all unlawful or offensive activities that take place using the user account together with the associated password.
Orangebidz has a referral program offering free bids to a user who refers new users who purchase a bid pack. You agree that Orangebidz has the right to review each referral for possible fraud. Abuse of the referral program will result in the termination of the user’s account.
You have the right to terminate your account at any time. This can be done by either not using Orangebidz or by closing your account as stated in Orangebidz procedures.
Orangebidz reserves the right to terminate your account at its discretion if it determines that you have violated its Terms and Conditions, including but not limited to, the use of unauthorized third party bidding or software that tracks bids, the creation of multiple accounts by the same person or if fraudulent behavior or account activity occurs. By using Orangebidz, you are agreeing that if Orangebidz in good faith and with its sole discretion, determines that you have violated these Terms and Conditions, it may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds of bids.
Acceptance of the Win / Payment
After an auction has ended, you must confirm and pay the total amount due for the closed auction. Once you have confirmed, the win is accepted. If an auction has not been confirmed (by clicking on the confirmation button) and paid within seven (7) days of the auction end date, Orangebidz reserves the right to withdraw the offer, conclude the contract and the winner’s right to pay for and receive delivery has been permanently revoked. All bids placed in the auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive an e-mail confirming the payment has been received. The item will be sent to you after the total price has been paid to Orangebidz. An invoice with the auction price and shipping costs will be sent you by Orangebidz as soon as delivery has been arranged.
Users can place bids by manually clicking the relevant bid button or by using the “autobidder.” No user may use any bidding software not authorized by Orangebidz, and any breach thereof will result in the users immediate disqualification from any further use of our services, and immediate closure of your account.
Bids must be purchased and paid for in advance in the form of bid packages, at the current prices listed on our website. Bids held in user accounts must be used within 365 days from the day that the bids have entered the account through purchase, item exchange or auction win. If the bids have not been used within that time, they will expire and be permanently removed from the account.
Free/promotional bids are subject to expire at any time without prior notice. OrangeBidz will honor a full or partial refund on any unused paid bids in a users account within 90 days. No refunds whatsoever will ever be issued after 90 days of payment for the bids. Users who have won an auction and paid for a product are not eligible for a refund on either bid purchases, account activation fees or product fees if their product has been shipped by the time of request. Under no circumstances will bids that have been placed be refunded, including, but not limited to, bids won, bids returned using the buy now option, free bids, bids returned for promotions or any other bids OrangeBidz deems ineligible. The user is under no circumstances eligible for a refund of a larger amount than the total amount the user has spent on the site, minus the total amount won in product value on the site determined by the Buy Now price.
Orangebidz strictly prohibits any form of bidding with the intent to artificially manipulate the bidding process on Orangebidz or the bid price of any product listed on the site, or influencing user behavior on Orangebidz. A daily spending limit can and will be enforced if we consider that someone has a effected any type of prohibited bidding or winning by intimidating other members, and we reserve the right to suspend the member without any prior notice. This will result in automatic suspension due to fraud, and the account will be suspended for investigation. Other restrictions may apply.
Any form of team play is strictly prohibited. You are not allowed to bid in the same auction with your family members, friends, etc. This, or any other form of collusion may result in immediate disqualification from any further use of our services, and immediate closure of your account.
Orangebidz reserves the right to add, reschedule or remove products from the Orangebidz website at anytime without notice. An auction is deemed to have closed when the timer on the auctioned item counts "ended" and no users have placed a Bid. Users should be aware that the timer available to the user is an approximation, which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Orangebidz servers. Auctions may offer the “Buy Now” option which allows the user to buy the item at the store price. The option to “Buy Now” will be offered for a limited period of time (six days after the auction ends) after which the option to “Buy It Now” is revoked.
Auction Checkout Deadline
Items won in a auction or otherwise offered for purchase must be purchased within 7 days
time following an auction or revocation of the item won will occur as well as revocation of bids placed in said auction.
OrangeBidz strives to ensure accuracy of all content and listings on its website. However, OrangeBidz does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by OrangeBidz is not as described, your sole remedy is to return the item in unused in its original condition and packaging. OrangeBidz must be contacted before any item is sent back to prevent further delay.
Any special promotions by Orangebidz will be valid only if they are announced on Orangebidz.com and or facebook.com/orangebidz. Certain promotions may be valid for a limited time only, with details announced on Orangebidz and or its official Facebook fan page. Once the advertised time limit of any such promotion has passed, or the relevant auction or auctions have ended, the promotion is also finished.
Orangebidz reserves the right to show additional auctions to you at its sole discretion.
Returns / Cancellations
Orangebidz winners have the right to cancel or return an order. This right is unconditional and begins the moment the contract is concluded. If you cancel a contract to which the cancellation provisions apply, you are entitled to a refund of the auction end price (including shipping costs) you have paid. This is true 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 14 days after the day the winner received the goods or a notification that the goods are ready for collection.
Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If you are found not to be in good standing due to fraudulent behavior, excessive refund requests and other such behavior, you are deemed to be a breach of the Terms and Conditions and will not be eligible for a refund.If you wish to cancel the contract, you must inform Orangebidz by email that you wish to cancel within the time period stated above. Cancellations by phone will not be accepted. The following contact must be used: firstname.lastname@example.org.
In order to complete a cancellation or return, you must return the received product or products in new condition. Shipping expenses for returns will be paid by you unless goods are found to be defective. Orangebidz will not accept a return if you are unable to return the service or product received or are only able to return it in part or in a less than new condition.
Should Orangebidz incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by you.
Should Orangebidz not be able to deliver the product ordered or the product won, Orangebidz shall be entitled to substitute the item with an equivalent product acceptable to both Orangebidz and you, or provide a refund of the auction end price, Buy It Now payments, and all bids placed by you on that particular auction.
Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by you. Delivery times vary; therefore any time provided should be used as a guide. Orangebidz shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Damage to the item from transport or packaging damaged during transport is to be reported to Orangebidz upon receipt.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Orangebidz' property until payment is received in full (the total price,) including the shipping and bids used in the auction.
Disclaimer of Warranty and Liability Regarding Use of Orangebidz
You agree that use of Orangebidz is at your sole risk. Neither Orangebidz nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Orangebidz, or the like, warrant that websites affiliated with Orangebidz, including but not limited to, Orangebidz, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Orangebidz may contain inaccuracies or typographical errors. Orangebidz makes no warranty as to the results that may be obtained from the use of Orangebidz or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Orangebidz. Furthermore, Orangebidz shall not be responsible for any opinions, views, advice or statements posted on Orangebidz (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Orangebidz spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Orangebidz spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF ORANGEBIDZ IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY ORANGEBIDZ ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
ORANGEBIDZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ORANGEBIDZ, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF ORANGEBIDZ, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, ORANGEBIDZ DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ORANGEBIDZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM ORANGEBIDZ OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT ORANGEBIDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH ORANGEBIDZ.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ORANGEBIDZ SERVICES OR ITEMS PURCHASED THROUGH ORANGEBIDZ, FROM INABILITY TO USE ORANGEBIDZ' SERVICES OR ITEMS PURCHASED THROUGH ORANGEBIDZ, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ORANGEBIDZ' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of Orangebidz, you should discontinue your use of Orangebidz.
Disclaimer of Warranty and Liability Regarding Purchases from Orangebidz
All new products are sold with the manufacturer's limited warranty only. Orangebidz warrants solely that the products sold to you under these terms shall have the characteristics specified in Orangebidz' 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 Orangebidz. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ORANGEBIDZ MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY ORANGEBIDZ OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT ORANGEBIDZ SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY ORANGEBIDZ. IN NO EVENT SHALL ORANGEBIDZ BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction will be credited back to your account; however, Orangebidz is not responsible for any other costs incurred by you due to a system outage. Orangebidz reserves the right to cancel auctions that end due to, but not limited to, system error, autobidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Orangebidz, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Orangebidz shall not be liable for any damage incurred by auction users or third parties from using Orangebidz' services. In particular, Orangebidz shall not be liable for damage that occurs due to bids not being received by Orangebidz, not being received promptly, or not being considered as a consequence of technical errors.
Orangebidz' logos are trademarks of Consumer Interactive, LLC. All rights reserved. Any trademarks appearing on Orangebidz are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Orangebidz should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability Clause
This Terms and Conditions Agreement and your use of Orangebidz shall be governed by the laws of the United States of America and the State of California without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in California.
You are subject to the laws of the jurisdiction in which you reside and/or from which you access Orangebidz and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in auctions offered by Orangebidz while located in a prohibited Jurisdiction, you will be in violation of the law and these Terms and Conditions, and subject to having your account suspended or closed permanently. You agree that Orangebidz cannot be held liable if laws applicable to you restrict or prohibit your participation.
The UN Convention on the International Sale of Goods shall not apply.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
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