Terms and Conditions
Terms and Conditions.
1. By using the 1heluvadeal.com site, the user accepts the following General Terms and Conditions, as well as the manner in which 1heluvadeal and its “(BidBots”TM Pending). operate as described on the website 1heluvadeal.com Variations or alterations in the following Terms and Conditions shall only be binding upon 1heluvadeal Inc. if agreed to in writing.
Eligibility Requirements/ Registration with “1heluvadeal”
2. By placing a bid on 1heluvadeal, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. Employees, including friends and relatives of employees of 1heluvadeal, or of those clients who have items listed for sale on 1heluvadeal.com are not eligible to participate in 1heluvadeal penny auctions under any circumstances.
3. All new products are sold with the manufacturer's limited warranty only. The warranty period and service varies by manufacturer and OR SELLER OF THE PRODUCT PURCHASED. Warranty is excluded for the sale and delivery of any used Products, except for those used items sold under the “Private Listings” category in which it will be at the selling clients sole option at time of listing if they wish to offer a warranty to the purchaser.
4. Temporarily halted auctions are clearly indicated. Once the auction re-opens, all bids submitted up to and including the time the auction closed will be considered submitted as if no halt in service had taken place. Each client who owns a fully paid for bid position prior to the halt of service will be notified 24 hours in advance of the auction re-opening to allow them the opportunity to commence with bidding. The client further covenants and agrees that 1heluvadeal.com is not responsible for any missed opportunities by client to attend and bid on any auction. Once the 24 hour prior notice has been given, it is the clients responsibility to make sure that they are present to attend the items opening. If the auction has commenced or has ended, no refunds of any kind will be given unless it is in compliance with the terms as outlined and provided for in paragraph 17 governing "Refund Policy".
5. The client understands and agrees that 1heluvadeal provides no guarantee that the availability of its website and technical systems will remain constant and uninterrupted. In addition, but not limited to other provisions herein, 1heluvadeal shall not be liable for any damage whatsoever incurred by auction users or third parties when using 1heluvadeal’s services. In particular, 1heluvadeal shall not be liable for damage or losses that may occur due to bids submitted by auction users not being received by 1heluvadeal or not being received promptly or not being considered submitted, as a consequence of technical faults.
Trademarks
6. 1heluvadeal logos are trademarks are the property of 1heluvadeal and any of its subsidiaries with all rights reserved. All other trademarks appearing on the 1heluvadeal site are the property of their respective owners.
“BIDBOT’S” and “BIDBOT” WARS:
7. The client understands and agrees that 1heluvadeal.Com does not allow its “BidBot” users (computer generated bidding) to compete with single bidders. In order to accomplish this, 1heluvadeal “Single Bidders”, compete only with single bidders and for those who choose to participate in our (“BidBot Wars” (computer generated bidding) then BidBots TM pending will compete only with BidBots. We feel that this is the fair and equitable way to ensure that everyone has a fair chance at winning.
SHILL BIDDERS:
8. 1heluvadeal.com Penny Auctions Guarantees all users of its site and auctions that SHILL BIDDERS will never knowingly be allowed to take part in the bidding process of any item.
Private Listings:
9. Any Registered users (clients) of 1heluvadeal.Com may list their own merchandise for sale under the following terms and conditions.
(a) The item you are selling may be new or used but cannot be broken or in disrepair and its condition of poor, fair, good, above average, like new, excellent must be prominently displayed within the title description of the item being listed for sale. If the item is used, you MUST display the age of the item or its approximate age within the body and close to the beginning of its description.
(b) The client covenants and agrees that their item(s) being offered for sale cannot be in direct competition with any other 1heluvadeal items listed for sale or about to be listed for sale, or with any items waiting for the auction to open, (future or pending auctions).
(c) 1heluvadeal.Com Registered users whose item’s have been approved for listing on the 1heluvadeal site, covenant and agree that 1heluvadeal will be the sole authority which determines whether or not an item submitted for private listing will be approved.
(d) Each client vis a vis registered user, covenants and agrees to provide and submit a high quality resolution picture(s) of the item they are selling and to provide a detailed and accurate description of the item being sold when posting their item on the 1heluvadeal.Com web site. The client further covenants and agrees that once they have listed the item for sale it will only appear for all to see once it has been approved by 1heluvadeal.
(e) The client covenants and agrees that their items listing will be for the duration of 7 (Seven) calendar days in order to generate the sale of its bid positions allocated for that item.
(f) The client further covenants and agrees that if their listing expires before all bid positions are sold for that item the 1heluvadeal Penny Auctions refund policy will be in effect from date of listing of their item. Once the auction has become active and available to accept bids it will remain on the site until sold.
(g) The client covenants and agrees that the sole function of the1heluvadeal.Com private listing program is to provide listing services only and a sales venue only for the client to sell their goods and services.
(h) In the interest of clarity, continuity, presentation and good grammar, the selling client authorizes 1heluvadeal staff to edit their listing as they deem necessary prior to inclusion on its website.
(i) Client covenants and agrees that any item which falls under the “private listing” category will be governed by the policies and procedures of 1heluvadeal.Com wherever they may apply.
Costs to listing client:
10. There will be a nominal (non-refundable) listing fee of $5.00 payable at time of listing, for each item listed and approved, regardless of the value of the item being listed. If, in 1heluvadeal’s sole discretion your item is not accepted, your listing fee will immediately be refunded to you. When establishing the price of their item, the selling client covenants and agrees to provide and prominently display a realistic suggested value of their item in U.S. Dollars as of the date of listing on the 1heluvadeal.Com web site. Under no circumstances is the suggested value of the item being offered for sale to be represented as the final selling price.
11. Once the item is sold, the client covenants and agrees to equally share with 1heluvadeal any amounts in excess of the clients suggested selling price of their item. Example only, If the client lists their item for sale for $200.00 and receives that price for it, plus the final end selling price of $50.00 when the auction ends bringing the combined selling price of the item to $250.00, the proceeds from the sale will be distributed as follows...
The client will receive his/her initial listing price of $200.00 plus 1/2 of the $50.00 dollar final end selling price amount, for a total of $225.00 payable to the listing client and 1heluvadeal will receive the remaining $25.00 or 50% of the amount generated from the final end selling price.
12. The Selling client authorizes 1heluvadeal.com, its officers, owners, employees, agents, successors and assigns to hold either jointly or severally, and for the benefit of the seller, any and all funds obtained from any sale of its listed merchandise until such time that the purchaser has acknowledged satisfactory receipt of their purchased merchandise. It is highly recommended that the selling client obtain a proof of delivery receipt signed by the purchaser or their agent at time of delivery.
13. In the event of a dispute between the purchaser and the seller of any privately listed item on the 1heluvadeal.com website, both seller and purchaser jointly and severally agree and authorize 1heluvadeal.com to hold any funds received from the sale until such time as the dispute between the buyer and the seller has been resolved to the satisfaction of both buyer and seller. Buyer and Seller further covenant and agree that 1heluvadeal.com accounting department will require written permission and instructions from both buyer and seller collectively as to whom to release the held funds to. 1heluvadeal staff will not release any funds based upon the request or demand of only one party involved in the dispute.
14. Buyer and seller covenant and agree not to name 1heluvadeal.com, 1heluvadeal Inc, their officers, owners, agents, employees, successors and assigns as a third party defendant in any dispute.
Reserve bids are not allowed.
15. The client agrees that it is at 1heluvadeal.Com sole discretion to refuse to list the clients item on the auction if the client attempted to place a reserve price on the item which is prohibited, or if it feels that the listed price of the item being sold by the client is unrealistic, or not conducive to good business practice. 1heluvadeal.Com reserves the right to change any unrealistic suggested value of the item to what it feels is a more realistic amount, or in the alternative refuse to list the item for sale. The client covenants and agrees that the listing, or attempted listing of any pornographic material such as but not limited to child pornography, sexually explicit art, photographs, sculptures, offensive or racially offensive literature of any kind, is instant cause for 1heluvadeal to cancel the clients account with no refunds given.
16. Client Agrees that no auction will open until each of the designated number of bidders as outlined and provided for in each items listing details have purchased their bid position for that item.
REFUND POLICY:
17. Any client who purchased a bid position on the 1heluvadeal.com Penny Auction hereby understands, covenants and agrees that If the required number of bid positions for any item have not been reached (sold) within 3 (three) days of the FIRST bid position sale, the auction will not open. In which case, they will have the following 3 options available to them for the next 14 days only.
1. IMMEDIATE FULL CASH REFUND OF YOUR BID POSITION MONEY, NO QUESTIONS ASKED. Note: By selecting option 1. You understand, covenant and and agree that payment gateways such as, but not limited to, PayPal, Google Checkout, Visa, Master Card etc may charge a transaction fee. Any such charges are beyond the control of 1heluvadeal.com If any such charges are levied, your refund will reflect those charges and be deducted from your refund accordingly. If NO charges are levied by the payment Gateways, your refund will be PAID IN FULL without any penalty or deduction.
2. YOUR CASH FUNDS WILL BE RE-APPLIED TO THE RE-SCHEDULED OPENING OF THE ITEM.
3. YOUR CASH FUNDS WILL REMAIN IN YOUR ACCOUNT TO BE APPLIED TOWARDS THE PURCHASE OF ANOTHER AUCTION OF YOUR CHOICE.
The client further understands, covenants and agrees that the 14 day time limit to excercise any of the above 3 options will commence immediately after the first bid position for a particular item was sold.
Call us Toll Free at 1-877-705-3531
SUBSTITUTION OF MERCHANDISE:
18. The client understands, covenants and agrees that 1heluvadeal Penny Auctions its officers, owners, employees, agents, successors and assigns have no control over any of the suppliers of merchandise to the 1heluvadeal Penny Auction system. Suppliers may from time to time, suddenly and without prior notification to 1heluvadeal, discontinue or be out of stock on the item actually won by the 1heluvadeal client, even though the item was available at the time of listing. In the event such an occurrence takes place, the client agrees that 1heluvadeal may substitute the item won, for another item equal in value or of higher quality to the winning client even if it is under a different brand name.
19. The client understands and agrees that any NSF, returned Check, Dishonored Credit Card, or Debit Card or Credit Card charge back will be charged $35.00 per occurrence. The client further understands and agrees that if any of the herein mentioned events take place that 1heluvadeal Penny Auctions will immediately suspend all spending, purchasing and bidding activity of the clients account. No auction activity will be allowed until such time as their account has been returned to good standing including payment of the $35.00 administration fee.
20. The client covenants and agrees, that any use of the 1heluvadeal.com site is their irrevocable agreement to conform to the herein terms and conditions in their entirety as if signed with their original signature and agree to be bound by such terms and conditions. Client’s covenants and agreements shall survive the cancelation of their account(s) with 1heluvadeal.com wherever written.
21. The client covenants and agrees that 1heluvadeal.com may change, edit, add, delete, cancel temporarily or permanently any of the terms and conditions in whole or in part at any time or times. The client further covenants and agrees that any changes posted within the body of these terms and conditions or wherever they may appear on the site in whole or in part, shall be deemed as sufficient notice to the client of said changes.
22. The client covenants and agrees that 1heluvadeal Penny Auctions may, under extenuating circumstances and in the interest of good business practice temporarily change the terms of any portion or portions of the herein terms and conditions, including the content of any of its auction listings if it feels that the interests of itself and those of its clients will be better served. The client further covenants and agrees that in the event such changes take place that 1heluvadeal.com Penny Auctions, its officers, owners, employees, agents, successors and assigns will not be considered in breach of any of the terms and conditions as provided for herein now or in the future.
Delivery Schedules:
23. The client understands and agrees that with the exception of any merchandise actually owned by or under the care custody and control of 1heluvadeal.com Penny Auctions, 1heluvadeal staff do not have any control over the delivery schedules that its suppliers have set for themselves as it pertains to their merchandise and respective businesses. If the normal or expected delivery of an item does not occur as advertized, 1heluvadeal.com Penny Auctions will use its best efforts to keep the winning client fully informed about the status of their delivery. If a tracking number is assigned to the item by the shipper, 1heluvadeal.com will provide the client with that tracking number. If no tracking number is assigned to the item, 1heluvadeal.com will provide the client with copies of any correspondence which takes place between 1heluvadeal.com and the shipper as it pertains to the clients order.
24. The client understands and agrees that 1heluvadeal.com Penny Auctions may from time to time and at its sole option, change any of the pricing for such things as but not limited to the pricing of its Bid Positions, or its fees governing private listings.
25. The client understands and agrees, that 1heluvadeal.com Penny Auctions is not a lottery, a raffle, sweepstakes or any other method or form of gambling. It is an auction where it is certain that the winning bidder buys the item at the price shown once the auction timer has counted down to 0 (zero). The timer starts again once someone places a bid.
Free "BidClicks".
26. The client understands, covenants and agrees, that once a Bid Position has been purchased, 1Heluvadeal.com will deposit free "BidClicks" into the clients account that can be used for bidding purposes for that item only. The client further understands, covenants and agrees, that a bidClick is not to be considered a part of the clients bid position purchase. BidClicks do not have any monitory value. A BidClicks sole purpose is to activate the auction software and record the clients bid when a bid is placed. Any BidClick balances left over in the clients account after the auction has ended for that item will be removed in their entirety. BidClicks cannot be purchased or sold under any circumstances.
27. The client covenents and agrees, that with the exception of conditions beyond our control, once the auction goes live,1heluvadeal.com is committed to all bid position holders to complete the auction to its final end time and ship the item to the winner. Option 1 of the refund policy will expire if you do not excercise any of the 3 options within the time specified above and no cash refunds will be given. Your remaining choices on how your funds will be disbursed will apply to options 2 & 3 only.
Auction Clock Timers:
28. The client understands, covenants and agrees that 1heluvadeal.com, its Owners, Agents, Employees, Successors and Assigns cannot be held responsible for any time differences that may occur between its own computers and servers and those of its clients during the clients bidding process. The client understands and agrees that the Ram and CPU's contained in different computers run at different speeds. The client further understands and agrees that ADSL or Cable connection will always run faster than Dial up connections, including but not limited to the wide variety of Internet Plans. Internet Service Plans will also be an influencing factor with the bidding clock timers, as such, these factors may cause differences between the clients computers and the1heluvadeal computers and servers because each service provider sets out what speed a computer will be allowed to run at and that alone changes a few times a day.
Auction (END) Timer:
29. The client understands and agrees that 1heluvadeal.com Penny Auctions employs the use of two separate timers for each item being auctioned. Timer #1. records and displays the amount of time the auction is increased by as each bid is placed. If timer #1. is allowed to reach zero without any subsequent bids being placed, the auction will end and the last recorded bid will win the auction. Timer #2. is the final end time that 1heluvadeal in its sole discretion sets for the auctioned item to finally end regardless of any continuing bidding. The Auction #2 timer is the over riding (master) timer, which, when its set time has been reached, will LOCK IN the last time set by the Timer #1. bid clock and no further bids will be accepted. The client understands and agrees that 1heluvadeal.com Penny Auctions may at its sole option, display or hide from view the Final Auction End time set for Timer #2.
Win Limits:
30. Bidding strategy excepted, 1heluvadeal guarantees that everyone has an equal chance at winning, therefore, no win limits are necessary. Whether a client is a Power Bidder, Experienced Bidder or Novice Bidder, everyone who has purchased a Bid Position on the item of their choice will have the exact same number of BidClicks allocated to them as other bid position holders. Once all bid positions have been sold on any item, the bidding will commence and no more BidClicks will be issued, traded, given or allowed to be purchased for that item during the bidding process. 1heluvadeal represents and warrants that the banking of BidClicks beyond those that are issued with each bid position purchase will never be allowed to accumulate in a clients account. The client covenants and agrees that their account balance will always end with a zero balance once the bidding has ended regardless of whether they used all of their allocated and issued BidClicks or not during the bidding process. Any unused BidClicks will be deleted from the clients account when the auction ends. Available upon request for FREE is our "BIDDING STRATEGIES AND TACTICS THAT WORK".
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