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Terms and Conditions
General / Overview
The following General Terms and Conditions apply exclusively between www.dfwbid.com ("DFWBid") and our users.
By participating in DFWBid, the user accepts the following General Terms and Conditions, as well as the manner in which DFWBid as described on the website www.dfwbid.com. DFWBid does not recognise any Terms and Conditions set by the user that differ from these unless DFWBid has agreed to their validity in writing. You should check these terms and conditions and the FAQ section each time you revisit or use the DFWbid as we may amend, update and/or modify these terms and conditions and DFWbid.com from time to time without notice to you.
Any auctions run by DFWBid shall only be valid if announced on DFWBid website or in its corresponding email newsletter. Certain auctions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter.
Participation and Disqualification
Users may only participate in DFWBid and place bids if they are 18 years or over.
DFWBid.com is offered to users residing in the United States.
Employees and relatives of employees of DFWBid are not eligible to participate in DFWBid services.
During the registration process, the user must choose a username. The username must not be offensive, or have the intent to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If DFWBid becomes aware of a username which is illegal or in breach of these Terms, the username can be amended or account deleted by DFWBid without prior notice.
Only one account may be created per person, per household. Creating mulitple accounts is strictly prohibited and will result in the account being disabled and any auctions won voided.
User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of DFWBid, shall result in the disqualification of the user, closure of the account and any wins voided.
DFWBid reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, at its sole discretion and/or without reason. DFWbid.com reserves the right to disable or disqualify a user for conduct that DFWbid.com at its sole discretion deems as being detrimental to DFWbid.com, e.g. engaging in an uncompetitive manner, spamming an auction, having unauthorized username etc.
Any use of 3rd party software, scripts or attempts to bypass these Terms and Conditions on DFWbid.com will result in your account being disabled and auctions won voided.
Users will be disqualified, any auction wins voided and their account closed when in the reasonable opinion of DFWBid, a user has violated these Terms and Conditions.
DFWBid has the right to verify the identity of each individual user. In the event of DFWBid being unable to verify or authenticate user identity using reasonable endeavors, then DFWBid may ask users to provide photo ID, proof of address and other documentation as DFWBid requires. Should such proof not be provided, DFWBid has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.
Furthermore, DFWBid reserves the right in its absolute discretion to restrict the number of auctions in which a user may participate or may win.
Users will not hold DFWBid responsible for any losses they may incur as a result of DFWBid taking any of the actions outlined above.
No person may particpiate in the auction for commercial purposes.
Purchasing Credits and Payment
Credits must be purchased and paid for by users prior to joining an auction. Credits can be purchased in packages (“Credit Packages”) at the currently applicable prices, which can be viewed under the “My Credits" and/or “Pricing” link.
Payment can be made by credit/debit card via PayPal.
Purchased Credit Packages are non-refundable and hence users should buy only as many credits as they are willing to spend. When the credits are purchased and deposited into the User’s DFWBid account, an agreement for the purchase of the credit is created. If your account remains inactive for 6 months your unused credits will expire after this time. For example, if you purchase 6 credits on 1st January, and use 3 credits on the same day, but do not use the remaining 3 credits for 6 months, these credits will expire on June 30th. An account becomes inactive if you do not join at least one auction within a 6 month period.
Should a credit payment not be honoured by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by DFWBid. DFWBid reserves the right to block access to the user account until payment is made in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment is made in full. DFWBid also reserves the right to temporarily block access to unverified user accounts that appear to be abusing the spirit of DFWBid by purchasing large volumes of credit until identification has been verified.
How the Auctions Work
Each Auction on DFWBid lasts for the allocated time as indicated on the website. DFWBid reserves the right to change the auction times at any time. DFWBid can add or remove products from the website at anytime without notice, including auctions which are already in progress.
In order for a user to bid in an auction, the user must first 'Join' the auction. This is done by clicking the 'Join' button as shown on each available auction. By joining an auction, the user is debited 3 credits from their account and these 3 credits are non refundable whether the user wins or not. Once a user has joined an auction they have two options, 'bid' and 'Penny Buy'. If the user clicks the 'bid' button on an auction the price is incremented by 1 penny only and the auction timer is reset. The user can bid as many times as they wish for the duration of the auction, however the user must wait 30 seconds between bids. The winner will be the last (highest) bid placed when the allocated time reaches zero or the first person to answer the Penny Buy questions correctly or the highest bidder at the end of the 30 minute auction whichever comes first.
The user may use the 'Penny Buy' feature to win the auction. The 'Penny Buy' feature allows the bidder to purchase the item for $0.01. By clicking the 'Penny Buy' button the bidder is presented with 2 multiple choice questions which they must answer within 15 seconds. The first bidder to correctly answers the questions within 15 seconds can purchase the item for $0.01 and the auction will end. The 'Penny Buy' feature randomly appears once for 5 minutes during an auction. The user is open to use the 'Penny Buy' feature as many times as they want for the duration that it is enabled. The
first
bidder to answer 2 multiple choice questions correctly wins the auction item for a penny and the auction ends. There is a 6 second interval in between clicking the Penny Buy button.
When the auction timer reaches zero, we perform a final check to collate any outstanding bids, if there are valid bids the timer resets, however if there are no more bids the last and highest bidder wins the auction for that amount. If after 60 minutes the auction has not closed we perform a final check to collate any outstanding bids. The winner of the auction is the final bid placed on the 30 minute mark.
All other bids on the item expire and credits for joining the auction will not be refunded.
When a user bids on an auction or uses the 'Penny Buy' feature this constitutes willingness of the user to enter into a binding contract with DFWBid and in the event of successfully finishing 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 winner has followed all the steps in clause below, to complete the sale.
Auctions are active from 9.00pm-10pm CST however from time to time this may vary.
Acceptance of the Win / Payment
After an auction has ended, the winner must go to 'Claim Prizes' to claim their item. Information such as total price (including shipping costs) and payment options will be displayed to the winner.
The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page.
Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 7 days of the auction end date, DFWBid can set aside and rescind the purchase contract with the user, and the user’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of credits. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid in full to DFWBid.
Cancellation and Returns
If a user wishes to cancel an acceptance/confirmation of a win, they must inform DFWBid in writing by email, within 3 working days of their acceptance/confirmation of a win.
The following form must be used to
contact
us
In order to complete a valid 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 (unless goods are found to be faulty). 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 amount refundable will be reduced proportionately and as applicable.
Should DFWBid incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.
Delivery
Unless otherwise stated, delivery will be made 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. DFWBid 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 DFWBid upon taking delivery.
Should DFWBid not be able to deliver the item ordered, DFWBid shall be entitled to substitute the item with a comparable replacement product.
DFWBid will only deliver to the address associated with the credit card used to make payment. The billing and shipping address must be the same. For further information please
contact
us
If an auction item is returned back to DFWbid.com for non-delivery then the bidder will be required to pay the shipping and processing fee in order for it to be re-delivered to them.
Offsetting, Withholding Payment and Retention of Title
The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by DFWBid.
The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.
Any items delivered shall remain DFWBid's property until payment in full of the total price and the bids used in the sales activity.
System Outage / Temporarily Halted Auctions
With the currently available technology, it is not possible to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). DFWBid, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, DFWBid shall not be liable for any damage whatsoever incurred by auction users or third parties from using DFWBid's services. In particular, DFWBid shall not be liable for damage that occurs due to bids or Penny Buys submitted by users not being received by DFWBid or not being received promptly or not being considered, as a consequence of technical faults, or internet lag times.
Damages, Reimbursement of Expenses and Limits on Liability
Claims for damages by the user against DFWBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, DFWBid shall not be liable for faulty operation of the computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the Internet service provider. Should such an event occur, the bidder shall have no legal rights over the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of DFWBid, its legal representatives, or parties assisting it in performance. This shall also not apply if DFWBid expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.
Insofar as DFWBid is insured for its liability for any damage, DFWBid can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.
Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
Liability for damage arising from loss of life and limb, health, or well being, and that according to product liability law shall not be affected hereby.
Guarantee and Return policy
The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them but subject as provided all other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
The item descriptions on DFWBid.com are provided according to the best of DFWBid’s knowledge and belief do not constitute contractually stipulated features and characteristics, but rather serve only to provide a brief informative description to the user. Images of products on DFWBid.com may differ from those actually supplied.
In the event that the user is sent a replacement product for an item already delivered, the user shall be obligated to return to DFWBid the item already delivered within 7 days at DFWBid’s expense. DFWBid reserves the right to assert damages under the conditions set down by law.
The user have the right to return a faulty item within a reasonable period of time. The user must keep all the manufacturer’s warranty information that accompanies the item as this may be needed should there be a fault. In the unlikely event that you have a faulty item, the user may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem.
If the user chooses to return the item to us, please contact us using the online form
Contact
.
Marketing And Newsletters
From time to time we will email our members about DFWid.com about auctions, prizes, promotions and much more. Upon registering you will be automatically added to our mailing list however there is an option to unsubscribe from these mailings.
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