2. Term. This agreement will remain in effect for as long as you use the site and/or remain a member of BargainAuctions.com. You may terminate your membership at any time by notifying the Site online at Support. BargainAuctions.com may terminate your membership at any time for any reason, upon written notice to the email address you provided when registering. You may also use the Cancel Button on the members page to terminate your membership.
3. Intellectual and Property Rights. All content contained on the Site is copyrighted material and all rights are reserved by Serrf Corp. Users cannot copy, modify, publish, transmit, distribute, perform, display, or sell any information provided by the Site.
4. No Reserve Auctions. No Reserve Auctions are auctions of items that are auctioned directly by Serrf Corp. via the BargainAuctions.com website.
The items offered in our auctions are sold on a strictly "as is" basis. Items that are new may sometimes include a manufacturer's warranty. If a manufacturer's warranty is applicable, and it becomes necessary to use it, you must contact the manufacturer directly. BargainAuctions.com is not responsible for Manufacturer's failure to honor its warranty.
All item descriptions and photos are thought to be accurate, but are not guaranteed. In cases, where a description or photo is inaccurate, In cases, where a description or photo is inaccurate, the customer shall be entitled to a full refund upon return of the item, not including original outbound shipping charges. BargainAuctions.com does not refund original outbound or return shipping under any circumstances, so please factor that into your bidding and buying strategies.
BargainAuctions.com is not required to send an item to the customer that the customer won through auction when the physical item does not match the description. In such cases, the sale is null and void and BargainAuctions.com shall refund the amount paid by the customer for the item to the customer. In no event shall BargainAuctions.com assume any liability for the item that is beyond the amount paid by the customer to BargainAuctions.com. BargainAuctions.com does not provide substitute items when there is a problem with the item matching description. Return Merchandise Authorization (RMA) number is required for all returns, so call to make arrangements before sending items back. We also highly recommend sending items individually, insured, with signature required for proof of delivery as we are not responsible for lost or stolen items. BargainAuctions.com does not pay for return shipping. All items must be returned within 15 days of issue of RMA or no refund is due.
In order to save money on handling costs that would normally be passed on to the users, many items posted on the site use a stock photo or a photo that has been provided by the manufacturer instead of a photo of the individual item up for auction.
Return Merchandise Authorization (RMA) number is required for all returns, so call to make arrangements before sending items back. We also highly recommend sending items individually, insured, with signature required for proof of delivery as we are not responsible for lost or stolen items. All items must be returned within 15 days of issue of RMA or no refund is due.
BargainAuctions.com reserves the right to exclude any member of BargainAuctions.com from any auction for any reason. BargainAuctions.com reserves the right to reject any bid on any item on BargainAuctions.com for any reason, including but not limited to bids placed by users it suspects of fraudulent bidding. Any member of BargainAuctions.com shall be excluded from future auctions for providing false or misleading information, fraudulent or deadbeat bidding activity, repeated bid retraction requests, or non-payment. BargainAuctions.com reserves the right to impose first-time buyer limits on all users of BargainAuctions.com. While the first-time buyer limit is imposed on user, that user shall not be allowed to bid on any auctions, until the first-time buyer limit is removed. The first-time buyer limit is typically removed once the user has received and signed for a previously won item. BargainAuctions.comreserves the right to impose first-time buyer limits on purchase amounts that exceed an average dollar value for new users, until such time as BargainAuctions.com is able to establish that the purchases are not made through use of fraudulent credit cards. Any attempt to circumvent first-time buyer limits by the user constitutes breach of BargainAuctions.com's terms of service and will result in the permanent exclusion of the user from the site and it's auctions.
Payment for items must occur within 48 hours of the close of the auction or the item is forfeited by the bidder and subject to new auction. Payment for auction items by check results in bidding suspension for user until funds are received and cleared, minimum of two weeks from date of receipt if paid by personal check. Please note that items paid by credit card can only be shipped to the credit card billing address or an address that is verified by the credit card issuer, no exceptions. If you need to add a verified address to your credit card, use the 800 number on the back of your credit card to make the addition. Items paid by PayPal can only be shipped to a PayPal verified address, no exceptions. Use of any 3rd party software to facilitate bidding or to engage in sniping of auctions is strictly prohibited.
BargainAuctions.com may make Second Chance Offers (offers to purchase at a fixed price) to bidders who didn't have the winning bid on an item, when additional inventory of that item is available. This does not change or affect the original auction item or it's terms of sale in anyway. It is the sole discretion of BargainAuctions.com to set the price on Second Chance Offers and the price set is not necessarily lower than or equal to the winning bid of the original auction. Second Chance Offers may be set at a lower price than the original winning bid. Second Chance Offers are only good while supplies of that item last. Supplies of the item may run out before the offer expires. When this happens, the offer is null and void. Users who receive the offer must accept and pay for the item within 48 hours or the item is forfeited.
The presence of the Buy Direct link allows you to check to see if an additional quantity of an auction item is available for sale at the Buy Direct price. No guarantee of available inventory is made, and the presence of the Buy Direct Price does not constitute an offer of the item at that price if no additional inventory is available. If no additional unit is available, then the Buy Direct link will return a message stating there is none available at this time. No guarantee is made that items will be available in the future at the Buy Direct Price. Because many items will be bought and sold during the course of an auction, the quantity of items available via the Buy Direct link is constantly changing, so check back often if you wish to use this feature. Please note: Immediate Payment is required upon use of Buy Direct link. Use of the Buy Direct link does not end or affect the auction. Once an item is allocated to auction, it remains at auction until the auction is ended.
Listing of a strikethrough price or Buy Direct Price (BDP) are not statements of value and no value is implied by either strikethrough or BDP, or any fraction thereof. Presence of a brand name does not imply or guarantee value. We make no claim to any value of items listed on this site whatsoever. In general, we do not comment on values because values are too subjective.
Many brand name manufacturers have their manufacturing operations in China and other Pacific Rim countries.
The items for sale on BargainAuctions.com in our $1 No Reserve Auctions are made available directly to the public, and as such, no assumptions should be made as to the viability of reselling the items sold here at profit somewhere else. Resellers operate entirely at their own risk. BargainAuctions.com does not guarantee reseller profits and is not responsible for lost profits and/or other expenses should a reseller fail to make a profit on an item purchased on BargainAuctions.com.
Our auctions have a short duration and notice of these auctions may not be timely. BargainAuctions.com is not responsible for time synchronization, server failure, loss of email, corrupted data, or any other reason that might prevent the user from gaining timely notice of and access to the auction. BargainAuctions.com retains the right, without obligation, to immediately halt any auction, prevent or restrict access to the site or service or take any other action it deems necessary to prevent inaccuracies, technical problems, or fraud. Use of any third party software, including but not limited to security software, that causes web pages to constantly refresh are strictly prohibited and are not to be used anywhere on BargainAuctions.com. BargainAuctions.com is not responsible for browser compatibility or operating system compatibility with BargainAuctions.com. More information on our auctions can be found in our FAQ section.
Customer service hours are Monday through Friday, 8-4 pm, pacific time. You can contact us at the toll-free number at the top right of the page. We want you to have a very positive auction experience. We are happy to help you and answer any other questions you might have.
5. Fraudulent Bidding. Bidding on an item without intent to pay the bid amount for an item is fraudulent. Fraudulent bidding is not allowed and is considered an unauthorized use of BargainAuctions.com and its computer systems. Any unauthorized use of BargainAuctions.com's computer systems is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.) and Section 502 of the California Penal Code. Such violations may subject the user and his or her agents to civil and criminal penalties. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for BargainAuctions.com to pursue legal action to enforce these terms, you will be liable to pay BargainAuctions.com the following amounts as liquidated damages, which you accept as reasonable estimates of BargainAuctions.com damages for the specified breaches of these Terms:
a. If you place bids on an item without intent to pay your bid amount for the item, your bid is fraudulent. Should your bid be the highest and therefore the winning bid, you agree to purchase the item within 48 hours of the winning bid or pay BargainAuctions.com $100 per bid. In cases where you have placed a high bid and the computer has auto bid your bid up against legitimate bidders, you agree to pay $100 for each instance of your bid, whether the computer places it on your behalf or not.
b. If you use multiple user accounts to circumvent First-Time Buyer limits in concert with Fraudulent bidding, you agree to pay BargainAuctions.com $1000 per user account.
Otherwise, you agree to pay BargainAuctions.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, BargainAuctions.com retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof.
6. Member Disputes. You are soley responsible for all interaction between yourself and other Users. BargainAuctions.com reserves the right to intervene at its own discretion. Do not use this Site to threaten the safety of others. All such incidences will be reported to the appropriate law enforcement channels.
8. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will BargainAuctions.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit arising from your use of the Site or service. Serrf Corp.'s liability to you for any cause whatsoever will be limited to one month's membership fee if such fee was paid by member or the product purchase price and one-way shipping costs (not return shipping). Under no circumstances shall refunds exceed the amount paid by the customer for the items. All products sold through auction by Serrf Corp. are sold "as is", with no warranty by Serrf Corp. To see all auction terms, read the auction terms in each listing and follow the appropriate links. Further notice on returns is listed toward the bottom of this page. Serrf Corp. does not guarantee the products sold through auction as having a fitness for use and does not warrant against product defects that may cause harm or injury or death. Buyer assumes all responsibities for proper use and storage of items purchased on BargainAuctions.com. In no event shall Serrf Corp. be held liable for injury or death arrising from purchase and use of products listed on BargainAuctions.com.
9. Disclaimers. The Site and service are provided on an "As-Is" basis. BargainAuctions.com disclaims any warranty of fitness and any warranty for a particular purpose or non-infringement. BargainAuctions.com makes no guarantee whatsoever about any specific results from the use of the Site or service. BargainAuctions.com makes no guarantee whatsoever about the accuracy of the information listed in its directories. BargainAuctions.com is not responsible for incorrect or inaccurate content posted on the Site. BargainAuctions.com assumes no responsibility for technical difficulties, including computer malfunctions, disconnects, and server failure. Under no circumstances will Serrf Corp. be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any Content posted on the Site or transmitted to BargainAuctions.com Users. BargainAuctions.com does not assume any responsibility or liablity for any 3rd party advertisers or any other 3rd party offer. User agrees to indemnify and hold Serrf Corp.., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, for any dispute due to or arising out of your use of a 3rd party offer or advertisement or promotion.
10. Miscellaneous Disclosures. BargainAuctions.com includes exclusive content that is proprietary and not available anywhere else on the Internet, but it also includes links to content that is available on the Internet for free. BargainAuctions.com's content is updated many times throughout the month, and is archived through a database that updates itself on a daily basis, so that only auctions that are current and pending will be displayed, and this is what we mean when we say "Updated Daily," not necessarily adding new content to the database on a daily basis. In some cases, Serrf Corp. earns money from referring its users to other websites. We recommend users research jewelry values before bidding on items in the auction. Many products sold on BargainAuctions.com are imported from China or other foreign countries, and as such no guarantee is made by Serrf Corp. as to the quality or durability or safety standards of these items. Many brand name manufacturers for handbags, watches and jewelry have their manufacturing operations in China and other Pacific Rim countries. Watches labeled "Swiss Movement," including brand names, contain movement parts made in Switzerland but also contain casings and bands made in other countries such as China and Thailand and are assembled in other countries such as China and Thailand. The testimonials that appear on BargainAuctions.com have been selected to appear on the site by the staff. We do not publish negative testimonials as we prefer to work on statisfying the customer through customer service instead. Serrf Corp. employees and relatives are strictly prohibited from bidding on our Auctions. Serrf Corp., publisher of BargainAuctions.com is a for profit corporation and is in business to make a profit.
11. Disputes. You agree that all disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of American Arbitration Association ("AAA") by one or more arbitrators appointed in accordance with said Rules. The place of arbitration shall be Orange County, California. The parties hereby renounce any right of recourse that they may have before the court of any jurisdiction except to obtain preliminary or injunctive relief or enforce an award of the arbitrator. If any award rendered by an arbitrator in accordance with this arbitration clause would not be capable of being executed in the jurisdiction of a party against whom a claim for payment is made or where that party resides or carries on business, neither the award nor said arbitration clause shall bar a party hereto from taking action before the courts that have jurisdiction over such other party.
13. Refund Policy. A 15% restocking fee is charged for all returns, except in cases of damage or if the description does not match the item. Do not bid if you are not serious about keeping the item. Please note that returns must be requested and RMA# obtained within 7 days of receipt of item by bidder or no refund is due. Refunds on products purchased through BargainAuctions.com's No Reserve Auctions must be requested within 7 days from receipt or no refund is due, no exceptions. An RMA# is required for all returns, no exceptions. To obtain an RMA#, call customer support toll-free at (877) 677-3040 or (714) 556-4900 for international bidders or those outside the toll-free zone, Monday through Friday 8-4 PM Pacific Time. Please note support is not open on weekends and holidays. Refunds on products are only issued once the product is returned to Serrf Corp. to the following address:
3182 Pullman Street
Costa Mesa, CA 92626
Item must be returned within 15 days from issue of RMA number or no refund will be due. Items must be shipped signature confirmation required for proof of delivery, insurance recommended as we are not responsible for lost or stolen items. To facilitate the processing time of your refund, place the RMA# on the outside of your package. The cost of shipping the item to Serrf Corp. is to be paid by the customer. International bidders please note that customs and duties fees are paid by the bidder and are not refundable. Items that are incomplete will not be refunded and will be promptly returned to the customer.