Penny Auctions - Rockybid Terms/Privacy
1. General / Scope
The following General Terms and Conditions shall apply exclusively to the business relationship between ROCKYBID.COM INC and its internet platform ROCKYBID.COM (hereinafter "ROCKYBID") and our users in the version applicable on the date of use. By participating in ROCKYBID, the user accepts the following General Terms and Conditions, as well as the manner in which ROCKYBID and its "Bid Buddies" operate as described on the website ROCKYBID. ROCKYBID does not recognize any terms and conditions set by the user that differ from these unless ROCKYBID has agreed to their validity in writing.
Any special promotions presented by ROCKYBID shall only be valid if they are announced on ROCKYBID’s website by newsletter, official ROCKYBID email, Radio, and or Television. Any promotions of a limited duration shall likewise be announced on the website, newsletter, official ROCKYBID email, Radio, and or Television. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.
Commentary and other materials posted on the ROCKYBID website are not intended to amount to advice on which reliance should be placed. ROCKYBID 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 ROCKYBID website or by anyone who may be informed of any of its contents.
2. Eligibility to Participate
By placing an order through the ROCKYBID site the user warrants that they are legally capable of entering into binding contracts, they are at least 18 years old.
Each user may register only once under their postal address (only the actual residence, no post office boxes, etc.). Each user may only have one account at ROCKYBID. During the registration process, the user must choose a user name. The user name may not offend common decency, be misleading or infringe upon the rights of third parties. The associated password is to be kept secret by the user. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of ROCKYBID, shall inevitably result in the disqualification of the user and the report of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
ROCKYBID is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when in the reasonable opinion of ROCKYBID a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if ROCKYBID has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user. ROCKYBID reserves the right in its absolute discretion to not accept users or to disqualify users from using all ROCKYBID services.
All usernames must be appropriate by normal standards as determined by ROCKYBID. Usernames may NOT contain ROCKYBID, ROCKY, ADMIN, ADMINISTRATION, and or anything that implies the users is connected to and or works for ROCKYBID.COM. Any violation of these rules will result in immediate cancelation of the users account with no refund or compensation for lost bids and or auctions.
Furthermore, ROCKYBID limits the number of auctions that any single user can win.
3. Bid Purchasing for Online Bidding / Payment
Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called “BidPacks”) at the currently applicable prices, which can be viewed in “My Account” under “Buy Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s ROCKYBID account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately.
Payment can be made via Credit Card. All payments for bid packages are non-refundable.
Should a payment not be honored for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. ROCKYBID reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full.
Once a bid is placed the credits will be deducted from the users account. Bid credits are non refundable.
Each package purchased contains the corresponding number of reward points these points may be used to purchase items on the rewards page Of the Rockybid.com site.
4. Bidding / Bid Buddy
For online bidding, an individual bid can be submitted by clicking, or the “Bid Buddy” can be used. Once a bid is submitted it is no longer valid and is deducted from the user’s account accordingly.
The Bid Buddy assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more Bid Buddies. The Bid Buddies automatically submits bids according to the specifications set in advance by the user. The user can read about precisely how the Bid Buddy operates in the “Help” section. The user is prohibited from using bidding software not authorized by ROCKYBID, and doing so will result in immediate disqualification from use.
Bids used on lost auctions may be used to pay for future purchases on auctions which the user has won within 30 days of use.
5. How the Auctions Work
With each bid submitted the price of the item on which the user is bidding increases by $0.15 except where otherwise noted i.e. Penny Auctions. A bid submitted by the user constitutes an offer from that user to ROCKYBID to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in clause number 6 and will be the user who has submitted the highest bid (auction price) as the last bidder.
Each new bid starts off a new “remaining time” for the auction. The remaining time for each of the auctions is shown on the screen. The auction ends when no more bids are submitted within the remaining time stated. The user who submits the highest bid and is the last to bid wins the auction.
All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in ROCKYBID’s database and ROCKYBID’s decision regarding who is the last bidder shall be final (save in the case of manifest error).
ROCKYBID reserves the right to create reserves on selected auctions. These reserves will be a maximum of 15% of the retail price. If the reserve is not met ROCKYBID will return the bids to the users from these auctions.
6. Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the last bidder (“winner”), who is logged on with “My Account”, will see a “congratulation page” displayed with all of the important information such as the total price, the payment details, etc. The user must actively confirm the win by following the steps indicated on that page or elsewhere on the website. As soon as the winner has clicked on “Confirm” on the “congratulation page”, the win is accepted. In the event that the winner has not confirmed the auction he or she won within 2 days shall be entitled to deem that the winner has revoked the contract, ROCKYBID can withdraw from the contract. The winner’s right to delivery of the item will then be permanently revoked. There is likewise no entitlement to replacement of the bid used.
The winner will also receive a notification of the win by e-mail with a request for payment.
The user must pay the total price (auction price) no later than 48 hours after the notification of the win is sent. After this deadline has passed, ROCKYBID can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked.
There is likewise no entitlement to replacement of the bid used.
The item is not sent to the user until the total price has been paid to ROCKYBID. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid for in full.
An invoice containing the auction price may be sent to the user by ROCKYBID upon delivery this will be sent either via mail with the item and/or through e-mail.
7. Cancellation / Rescission
ROCKYBID grants to the user ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, electronic devices, and/or any other product sold on Rockybid if and to the extent that the seal on the delivered item and/or media has been broken by the consumer but this does not affect the consumer’s other rights.
Contracts with parties who are not consumers are treated by ROCKYBID as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by ROCKYBID or required by law).
Cancellation Instructions:
Right to cancel
You may cancel your contract within 7 days in written form (e.g. letter, fax, e-mail) or by returning the items so long that they were not removed from the box and/or packaging and the original box and/or packaging has no damage, without stating your reasons.
The period begins no earlier than when the item are received. To meet the deadline, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following address:
ROCKYBID.COM INC,
61-23 190th ST Suite 456
Fresh Meadows, NY 11365
Consequences of Cancellation
In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived therefrom (e.g. interest) as applicable. If you are unable to return to us the service or product you received or are only able to return it in part or only in a depreciated condition, you will have to pay compensation to us, as applicable. In other respects, you may avoid this duty to pay compensation by not using the item(s) as you would your own property, and by refraining from any action that would detract from its value i.e. not removing it from the original box and/or packaging. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for you. You must satisfy obligations to refund payments within 2 days after sending your notice of cancellation. All items must be in their original box and/or package. The customer is to pay the costs for the return shipment if the item delivered matches that ordered. All returns must be insured to the full retail value of the item, not what the user paid. All items must be shipped through one of the three major carriers, UPS, FEDEX and the USPS.
When you cancel by the deadline, you are not obligated to take delivery. ROCKYBID will refund any purchase price already paid. There is no entitlement to replacement of the bid used.
Should ROCKYBID incur additional costs for insufficient postage on the return, for a COD shipment, 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 remitted by the customer. Sets/boxes can only be returned in their entirety.
ROCKYBID will replace any defective item within 7 days from the time the item is received.
Bid Packages are non-refundable and non-transferable. All sales are final.
End of the cancellation instructions
8. Delivery
Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier’s warehouse or from our warehouse to the address provided by the user. Deliveries are made solely within the United States, Canada, the United Kingdom, and Australia. However, additional shipping fees may apply for delivery outside of the US. Statements regarding delivery deadline are not binding insofar as the delivery date has not been committed to as an exception. ROCKYBID 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 the supplier upon taking delivery.
Should ROCKYBID not be able to deliver the item ordered, and this is not the fault of ROCKYBID due to the fact that the supplier has not satisfied its contractual obligations to ROCKYBID or does not do so in a timely manner, ROCKYBID shall be entitled to declare rescission to the user or to substitute the item with a comparable replacement product with the same or better features. The user’s rights under the law shall not be affected hereby.
USERS OUTSIDE THE
9. Offsetting / Withholding Payment / 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 ROCKYBID.
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.
The item delivered shall remain ROCKYBID’s property until payment in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it. ROCKYBID shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
10. Damages / Reimbursement of Expenses / Limits on Liability
Claims for damages by the user against ROCKYBID, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, ROCKYBID shall not be liable for faulty operation of the telephone or computer during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of ROCKYBID, its legal representatives, or parties assisting it in performance. This shall also not apply if the guarantee for an item's features was expressly provided by ROCKYBID in writing or a defect was fraudulently concealed.
Insofar as ROCKYBID is insured for its liability for any damage, ROCKYBID 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.
11. Guarantee
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 below 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 provided according to the best of ROCKYBID’s knowledge and belief do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the user. Images of products can differ from the original.
Should subsequent correction be undertaken by way of delivery of a replacement, the user shall be obligated to return to ROCKYBID the item already delivered within 14 days at ROCKYBID’s expense. ROCKYBID reserves the right to assert damages under the conditions set down by law.
12. System Outage / Temporarily Halted Auctions/ Closed Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such case, the remaining times for the auctions and the established amounts of bids and the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
With the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). ROCKYBID therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 11, ROCKYBID shall not be liable for any damage whatsoever incurred by auction users or third parties from using ROCKYBID’s services. In particular, ROCKYBID shall not be liable for damage that occurs due to bids submitted by auction users not being received by ROCKYBID or not being received promptly or not being considered as a consequence of technical faults.
ROCKYBID retains the right to close any auction at any time by its sole discretion. Should an auction be closed before a winner is declared ROCKYBID will return all the bids to the users involved.
ROCKYBID reserves the right to reverse any auction due to any technical issue or any other issue that would effect the integrity of the auction at anytime without notice. Bids will be returned to a users account accordingly and any money collected by ROCKYBID for shipping and or the sale price of the auction will be returned.
No cash refund will be granted.
13. Applicable Law / Severability Clause
US law shall apply and shall exclude application of the UN Convention on the International Sale of Goods.
14. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of your data is very important to us. ROCKYBID will not share your personal information with a third party without your full consent.
15. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the ROCKYBID website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
16. General
The contract between ROCKYBID and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without ROCKYBID’s prior written consent.
ROCKYBID has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting ROCKYBID’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in ROCKYBID’s system’s capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the ROCKYBID website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or ROCKYBID notifies its users of the changes to such policies or General Terms and Conditions before ROCKYBID sends information relating to dispatch (in which case ROCKYBID has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
ROCKYBID is the owner or licensee of all intellectual property rights on the ROCKYBID website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the ROCKYBID website for commercial purposes.
17. Reward Points
Reward Points are provided to Users who purchase bid packages at a predetermined rate. In order to redeem Reward Points you must buy at least one (1) bid package. Reward Points and the reward system is a customer loyalty program. This program is subject to change or be eliminated without notice.
18. Collusion
Collusion with other users in order to manipulate auctions in anyway is strictly prohibited. This includes, but is not limited to two users from the same household bidding on the same auction even if the bids are placed hours or days apart. Acts of collusion are strictly up to the discretion of RockyBid.com and will result in forfeit of all won auctions and all bids.
Note:
Due to the billing of charges, we would like to advise all users to monitor their bidding practices.
