General / Overview
The following Terms & Conditions shall apply to the relationship between dakinepennyauction, llc. subsidiaries of dakinepennyauction, Inc., www.dakinepennyauction.com ("dakinepennyauction"), and the end user ("You" "you" or "Your" "your"). By using dakinepennyauction' services, you accept the following Terms and Conditions, as well as the manner in which dakinepennyauction operates.These Terms & Conditions constitute the entire agreement between Pdakinepennyauction and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and dakinepennyauction with respect of your use of dakinepennyauction.
Information on dakinepennyauction, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. dakinepennyauction is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material. Penny Auction will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.
dakinepennyauction reserves the right to change these Terms & Conditions at any time without notice to you. Consequently, you should review these Terms & Conditions for changes each time you visit dakinepennyauction. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at firstname.lastname@example.org.
Acceptance of Terms & Conditions
By accepting the Terms & Conditions and/or registering with dakinepennyauction, you confirm that you are eligible (as specified in the "Eligibility" section) to use Penny Auction. If you do not agree to the Terms & Conditions, do not use dakinepennyauction. If you access, use, or download in any way, any service from dakinepennyauction, you agree to and are bound by these Terms & Conditions.
By accepting the Terms & Conditions and/or registering with dakinepennyauction, You confirm that you are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using dakinepennyauction, You warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If you access, use, or download in any way, any service from dakinepennyauction, You agree to and are bound by these Terms & Conditions.
You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C. dakinepennyauction products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
dakinepennyauction reserves the right to limit the number of user accounts per household and the number of won auctions per user account.dakinepennyauction will not allow a single credit card to be used in conjunction with multiple user accounts. dakinepennyauction limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions).
Account Limitations and Winning Restrictions
Any user that continues to bid on items while in violation, or bid on items that will cause them to be in violation of the account limitations and winning restrictions will be penalized for each bid placed during the auction by forfeiting all bids placed. Limitations are placed on the account the moment an account reaches one or any combination of our limits. It is the user's responsibility to cease bidding on items until their accounts are within the Terms of Service again.Users should pay close attention to any bid-butlers that have been set up on future auction closings and remove themselves from these auctions so they are not in violation of these terms of service. If an auction is bid on and won by a user in violation, the user forfeits the win and may (at the sole discretion of Penny Auction) be penalized by forfeiting all bids placed on the auction(s). Willful violations of these account limitations and winning restrictions may be grounds for account suspension or termination.
You are responsible for keeping your user account password confidential. dakinepennyauction will never ask for your password apart from login, nor should it ever be provided to anyone, including dakinepennyauction employees. User accounts are non-transferable. You agree that your user account may be used only by you and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage dakinepennyauction, shall result in the termination of the user and the reporting of a crime. In general, you agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.
Creating and Maintaining Accounts
You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify dakinepennyauction immediately of any breach of security or unauthorized use of your Account. Although dakinepennyauction will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of dakinepennyauction or others relating to any such unauthorized use.
To request an Account and/or participate in any Auction (including the placing of a bid or purchasing a Product), you must be legally capable of entering into binding contracts and be at least 18 years old.dakinepennyauction Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers.
Each User shall be liable for all activities that are undertaken using his or her Account.
Purchase of Bids
Each bid placed by a User with an authorized and active Account in connection with an Auction ("Bids"), must be purchased and paid for by users prior to initiating such Bid. Bids are purchased only in packages comprised of a minimum quantity ("Bid Packs") at the currently applicable price(s).Payment for Bid Packs shall be made by credit/debit card or such other payment solutions identified on the Website.By entering your credit card information on the Website you are authorizing Penny Auction to charge your card for the amount stated at time of purchase.
All sales on dakinepennyauction are final and nonrefundable.When a Bid is placed in an Auction, the Bid is deducted from the User's Account and can no longer be used. Neither Bids nor Bid Packs are transferable. If there are any questions regarding bids or Bid Packs purchases please contact customer service.Purchased Bid Packs and Free and promotional Bids are valid until the earlier of (i) six months after credited to an Account, (ii) the termination of your Account, either by us or by you, and/or (iii) the period allocable to such free or promotional Bid.
Auctions and Purchases
Upon a User placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such User to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, Penny Auction will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such User and Penny Auction, under the terms and conditions of such Auction.
Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The User with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion.
The successful bidder of each Auction must acknowledge all of the applicable Auction and purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The User must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid with seven (7) days of the Auction end-date, Penny Auction reserves the right to reject the offer to purchase the Product.
In the case of an obvious malfunction due in part by the users computer,phone or other device used to access the site and or this websites server.The Auction in question can be stopped and or restarted this includes auctions that have ENDED due to malfunction in timer or bidding process.In such case all bidders will be returned any used bids and all times will be reset and the auction will be restarted.These decisions are made solely at the discretion of this websites administrator.
Dakinepennyauction reserves the right to change the time extension activation and or time extension increment on any auction at any time even during a current bidding cycle.This is to ensure the auction will end in a timely manor.If we decide to change it we will contact anyone using autobid during the current auction and will post a notice on the entry page at http://www.dakinepennyauction.com 3 hours prior to changing of the extension activation or extension increment stating the time change paramiters.
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such instance, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. 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 halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user's account and are not eligible for a refund for bids used or other costs incurred.
dakinepennyauction provides no assurance or promise for the constant and uninterrupted availability of the Website and technical systems. Without limitation to any other disclaimer set forth herein, Penny Auction shall not be liable for any damage that occurs due to Bids submitted by Users not being received by dakinepennyauction or not being received promptly or not being considered, as a consequence of technical faults.
dakinepennyauction reserves the right to offer different size Bid Packs at different times. Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are refundable. Should you not honor a payment, you will be charged a returned payment fee. dakinepennyauction reserves the right to block access to the user's 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 is received in full.
Delivery of goods
All the winners of auctions will be sent a final payment email.Once this is paid through OBOPAY or otherwise arranged payment.Dakinepennyauction has 24 hrs to contact the winning bidder and make arrangements for delivery on Oahu or shipping to anywhere other than Oahu.
Odds of Winning Auctions
Every auction is unique and the results of all auctions offered on dakinepennyauction depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.
Acceptance of the Win / Payment
After an auction has ended, you must actively confirm and pay the total price for the won auction. Once you have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, dakinepennyauction reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to you until the total price has been paid to dakinepennyauction. An invoice containing the auction price and shipping costs will be sent to you by dakinepennyauction once delivery has been arranged.Refunds/returns Policy Should you, for any reason, wish to cancel your purchase you will be liable for a 20% handling fee as well as the cost of return shipping. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. Upon receipt of your request dakinepennyauction will advise you of the appropriate return address by email. The goods must be returned to us undamaged in the original packaging within 14 calendar days of the transmission date of our delivery instructions * Note: The Site recommends that you use a shipping service that offers a track and trace facility for all returns. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered. Items purchased at dakinepennyauction cannot be exchanged or redeemed for a cash value. No refunds will be made on any bid-Packages secured on auction. bid-Packages secured on auction (outright win or on the Buy Now option) cannot be exchanged for a cash value or refunded. No refunds can or will be processed for bids purchased to take part in auctions under any circumstances: This includes credits that have been returned to customer accounts after an auction has been cancelled and credits returned to accounts after securing any "100% off for the Winner" auctions.
YOUR USE OF DAKINEPENNYAUCTION IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY DAKINEPENNYAUCTION, LLC., 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.
DAKINEPENNYAUCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PENNY AUCTION, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF DAKINEPENNYAUCTION, 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, DAKINEPENNYAUCTION 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 DAKINEPENNYAUCTION 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 DAKINEPENNYAUCTION 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 DAKINEPENNYAUCTION 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 DAKINEPENNYAUCTION.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON DAKINEPENNYAUCTION SERVICES OR ITEMS PURCHASED THROUGH PENNY AUCTION, FROM INABILITY TO USE PENNY AUCTION SERVICES OR ITEMS PURCHASED THROUGH DAKINEPENNYAUCTION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF DAKINEPENNYAUCTION 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.
Return policy We do not refund purchases on bids for any reason. All items bought on the site can be refunded the full purchase amount and not the retail value of the item.