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
info@orangebidz.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.
Eligibility 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. Win Limits· 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. FirstViolation 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. Registering 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. Referrals 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. Account Termination 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. 4. Bidding 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. Bid Purchases 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.Any
payments made that are returned will be subject to any fees OrangeBidz
incurs. It is the users responsibility to honor all payments made.
OrangeBidz will withhold all pending wins and block access to the user account
until all fees are paid in full. DalPay Retail is an authorized
retailer of goods and services supplied by OrangeBidz.com.
dalpay.is/orngbidz +18778657746 may appear on your card statement. The
user's bank may or may not charge the user an international service fee
in connection with a credit or debit card payment on the OrangeBidz
site. It is the sole responsibility of the user to be familiar with the
Terms of Use of his or her bank for such fees. OrangeBidz is not
responsible for additional payment fees of any kind issued to the user
by the user's bank (see intlservicefee.com).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 daystime following an auction or revocation of the item won will occur as well as revocation of bids placed in said auction. Product DescriptionsOrangeBidz
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. Special Promotions
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: support@orangebidz.com. 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.
Delivery
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.
Trademarks
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
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.
External Links
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.
Entire Agreement
These
Terms and Conditions constitute the entire agreement between you and
Orangebidz with respect to the subject matter hereof and supersede and
replace all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any
provision by Orangebidz of the Terms and Conditions or Privacy Policy
will be effective only if in writing and signed by Orangebidz.