Terms and Conditions

 
Elegant-Shopper.Com

Formally 1heluvadeal.com   

1.  By using the Elegant-Shopper.com.com site, the user accepts the following General Terms and Conditions, as well as the manner in which Elegant-Shopper.com and its “(BidBots”TM Pending). operate as described on the website Elegant-Shopper.com. Variations or alterations in the following Terms and Conditions shall only be binding upon Elegant-Shopper Inc. if agreed to in writing.
Eligibility Requirements/ Registration with “Elegant-Shopper”
2.  By placing a bid on Elegant-Shopper, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years of age. Employees, including friends and relatives of employees of Elegant-Shopper, or of those clients who have items listed for sale on Elegant-Shopper.com are not eligible to participate in Elegant-Shopper Penny Auctions or list their personal merchandise for sale under any circumstances. 
3.  Selling clients hereby covenant and agree that All new products listed on the elegant-Shopper.com website are being sold with the manufacturer's limited warranty only. The seller agrees that if such warranty has e3xpired, then it shall be so stated prominently within the items listing. 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/winner.
4.  Temporarily halted auctions are clearly indicated. Once the auction re-opens, all bidding regulations will apply and 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  participated in the bidding 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 Elegant-Shopper.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 herein".
5.  The client understands and agrees that Elegant-Shopper 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, Elegant-Shopper shall not be liable for any damage whatsoever incurred by auction users or third parties when using Elegant-Shopper’s services.  In particular, Elegant-Shopper shall not be liable for damage or losses that may occur due to bids submitted by auction users not being received by Elegant-Shopper or not being received promptly or not being considered submitted, as a consequence of technical faults.
Trademarks
6. Elegant-Shopper logos are trademarks and are the property of Elegant-Shopper.Com LLC and any of its subsidiaries with all rights reserved. All other trademarks appearing on the Elegant-Shopper site are the property of their respective owners.  
“BIDBOT’S” and “BIDBOT” WARS:
7.  The client understands and agrees that Elegant-Shopper.Com does not allow its “BidBot” users (computer generated bidding) to compete with single bidders. In order to accomplish this, Elegant-Shopper “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.  Elegant-Shopper.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 Elegant-Shopper.Com may list their own merchandise for sale under the following terms and conditions as provided for in sub paragraphs (a) through ( i ) inclusive.
(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 Elegant-Shopper items listed for sale or with any items waiting for the auction to open, (future or pending auctions).
(c) Elegant-Shopper.Com Registered users whose item’s have been approved for listing on the Elegant-Shopper site, covenant and agree that Elegant-Shopper 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) in JPEG format 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 Elegant-Shopper.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 Elegant-Shopper Staff.
(e) The client covenants and agrees that their items listing will be for the initial duration of 14 (Fourteen) calendar days.
(f)  The client further covenants and agrees that if their listing expires, after the time allowed for in item (e) herein, it will be at Elegant-Shopper.Com sole discretion whether to continue the items listing for an extended period.  
(g) The client covenants and agrees that the sole function of the Elegant-Shopper.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 Elegant-Shopper staff to edit their listing as they deem necessary prior to inclusion on its website.
(i)  Client covenants and agrees that any item which qualifies under the “private listing” category will be governed by the policies and procedures of Elegant-Shopper.Com wherever they may apply.
Costs to listing client:
10.  When establishing the price of their item, the selling client covenants and agrees to provide and prominently display a realistic and current value of their item in U.S. Dollars as of the date of listing on the Elegant-Shopper.Com web site.  The listing client further agrees that in the event their merchandise is new, to lkist it at the MSARP value or less.  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 that Elegant-Shopper will for the use of its web site and administrative personel collect and retain the end selling price of the item from the auction winner.  The listing client will receive all cash proceeds from their bid sales without penalty or deduction.   
12.  The Selling client authorizes Elegant-Shopper.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 and as further described in paragraphs 28 & 29 herein.  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 Elegant-Shopper.com. website,  both seller and purchaser jointly and severally agree and authorize Elegant-Shopper.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 Elegant-Shopper.com accounting department will require  written permission and instructions from both buyer and seller collectively as to whom to release the held funds to.  Elegant-Shopper 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 Elegant-Shopper.com, Elegant-Shopper Inc, their  officers, owners, agents, employees, successors and assigns as a third party defendant in any dispute.
Reserve Bids. 
15.  The client agrees that it is at Elegant-Shopper.com sole discretion to refuse to list the clients item on the auction if the client attempted to place a reserve price on any item less than $250.00 in value,  or if it feels that the listed price of the item being sold by the client, regardless of its price is unrealistic, or not conducive to good business practice.  Elegant-Shopper.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 Elegant-Shopper to cancel the clients account with no refunds given. 
16.  Client Agrees that no auction which has a reserve price included will open until the Reserve Price has been met as outlined and provided for in each items listing details
REFUND POLICY:
17.  Providing the auction has not opened, (gone live) IMMEDIATE FULL CASH REFUND OF YOUR BID MONEY, NO QUESTIONS ASKED. You understand, covenant and and agree that payment gateways such as, but not limited to, PayPal, Google, Visa, Master Card etc may charge a transaction fee.  Any such charges are beyond the control of  Elegant-Shopper.com  If any such charges are levied, your refund will reflect those charges and at Elegant-Shopper.Com's sole discretion 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.
Send us an e-mail to admin@ your USERNAME and Item Number notifying us of your request for refund along with an explanation  behind such request. The client further understands, covenants and agrees that there is a 14 day time limit within which to excercise your refund rights. Call us Toll Free at 1-877-705-3531 .
SUBSTITUTION OF MERCHANDISE:
18.  The client understands, covenants and agrees that Elegant-Shopper Penny Auctions its officers, owners, employees, agents, successors and assigns have no control over any of the suppliers of merchandise to the Elegant-Shopper Penny Auction system. 
Suppliers may from time to time, suddenly and without prior notification to Elegant-Shopper, discontinue or be out of stock on the item actually won by the Elegant-Shopper client, even though the item was available at the time of listing.  In the event such an occurrence takes place, the client agrees that Elegant-Shopper or the selling private client 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, Elegant-Shopper 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 Elegant-Shopper.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 cancellation of their account(s) with Elegant-Shopper.com wherever written.
21.  The client covenants and agrees that Elegant-Shopper.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 Elegant-Shopper 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 Elegant-Shopper.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 Elegant-Shopper.com Penny Auctions, Elegant-Shopper staff do not have any control over the delivery schedules that its suppliers or listing clients 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, Elegant-Shopper.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, Elegant-Shopper.com and or the selling client will provide the purchaser/winner with that tracking number.  If no tracking number is assigned to the item, Elegant-Shopper.com will provide the client with copies of any correspondence which takes place between Elegant-Shopper.com and the shipper as it pertains to the clients order. 
24.  The client understands and agrees that Elegant-Shopper.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 Bids, or the incremental rate in which the price of the item increases with each bid placed. 
25.  The client understands and agrees, that Elegant-Shopper.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 end selling price shown and for the bids they submitted during the bidding process.  As long as the auction timer has NOT counted down to 0 (zero). The timer will increase by a few seconds  which is determined and displayed within the auctions listing. 
"BidClicks".
26.  The client understands,covenants and agrees, that once a registered client has selected an item they wish to bid on and submitted their Credit Card information with the Elegant-Shopper.Com administration department, Elegant-Shopper.com will deposit  the designated amount of"BidClicks" into the clients account that can be used for bidding purposes for that item only.    Since the client only pays for the BidClicks they actually use, any BidClick balances left over in the clients account after the auction has ended for that item, will be removed in their entirety. 
27. The client covenents and agrees, that with the exception of conditions beyond our control, once the auction goes live, Elegant-Shopper.com is committed to all users to complete the auction to its final end time and ship the item to the winner.  Shipping & Handling will be the responsibility of the seller who listed their private merchandise for sale.
28.  Each selling client hereby covenants and agrees that they will provide to Elegant-Shopper and the Purchaser/Winner a verifiable tracking number that was provided by the shipper of all merchandise being shipped where the listed MSRP value is $200.00 or higher excluding cost of shipping.
29.  Each selling client hereby covenants and agrees that Elegant-Shopper may hold any and all funds received by them and belonging to the seller pending the sellers performance as described in paragraph 28. herein.  The seller further covenants and agrees that Elegant-Shopper may hold any funds received by them and belonging to the seller on all merchandise where the listed MSRP value is  $199.00 or less, until such time as the purchaser acknowledges to Elegant-Shopper that they are in receipt of the purchased merchandise, or in the alternative a shippers verifiable Tracking Number has been provided to both Elegant-Shopper and the purchaser.
Auction Clock Timers: 
30. The client understands, covenants and agrees that Elegant-Shopper.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 the Elegant-Shopper 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:
31.  The client understands and agrees that Elegant-Shopper.com Penny Auctions employs the use of two separate timers for each item being auctioned.  Count down 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 Elegant-Shopper 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 Elegant-Shopper.com Penny Auctions may at its sole option, display or hide from view the Final Auction End time set for Timer #2.
Win Limits: 
32.   Bidding strategy excepted, Elegant-Shopper 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, anyone who commences bidding on the item of their choice will have the exact same number of  BidClicks allocated to them as other participants.   Elegant-Shopper represents and warrants that the banking of BidClicks beyond those that are issued to each participant 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 and the auction closed with a winner declared, 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". 
33.  All members of Elegant-Shopper.com hereby covenant and agree that any violations such as but not limited to Teaming with or colluding with friends, family members whether immediate or extended, co-workers on any single item will be immediate cause to have their membership cancelled.  Upon discovery of any violations, Elegant-Shopper.com through its authorized officers and legal council will commence with any necessary legal action to take any offending party(s) to task for Breach of this herein paragraph or any other terms or conditions violated as provided for herein. 
34.  The client hereby understands, covenants and agrees that their bidding, buying and selling activities will be in accordance with the herein content described as and titled... How Bidding Works...

35.   Any client who previously registered and established an account with 1heluvadeal.com Penny Auctions hereby understands, covenants and agrees that due to a name change from 1heluvadeal.com to Elegant-Shopper.Com their previous registration with 1heluvadeal.com is now transfered in its entirety over to Elegant-Shopper.Com  The client further covenants and agrees to conform to all "terms of use" and "terms and conditions" of Elegant-Shopper .com as provided for herein.

36.  The client hereby covenants and agrees that Elegant-Shopper.Com its Officers, Owners, Agents Successors and Assigns entered into company client arrangement based upon the full and accurate representationa and warranties of the client without which Elegant-Shopper et al would not have entered in to any working relationship between the parties.

37.  The client understands, covenants and agrees that any ambiguities appearing in any portion or portions of the herein Terms and Conditions including any portion of the Elegant-Shopper.Com website, that said ambiguities shall serve to the benefit of Elegant-Shopper.Com, its owners, officers, agents, successors and assigns. 

38.  How Bidding Works:

(a.  Register for free to open your account, REGISTER Once registered, Browse the listings to see if there is anything you would like to bid on.  Once you have selected an item you will see that it prominently displays a number of BidClicks that will be deposited into your account. 

(b).  Elegant-Shopper.Com Penny Auctions is an auction with a twist.  Each of our items is listed with these features... a "Hidden Reserve" Price, A "SNEAK PEEK" at the reserve feature and a "Buy It Now" price.

(c).  Tell us which item you would like to bid on and we will immediately deposit the number of bids into your account that the item calls for. Contact us at admin@elegant-shopper.com or call us TOLL FREE at 1-877-705-3531

(d).  Once the BidClick funds are in your account, go ahead and immediately start bidding on the item.  Everyone who joins you in the bidding will each start out with the same number of BidClicks.

(e).  All BidClicks submitted by all users will automatically be totalled in the aggregate until the reserve bid amount has been reached at which time the auction will become live and all BidClicks used will be charged to the clients credit card.

(f).  Neither Elegant-Shopper or the selling client will charge for any  "BidClicks" submitted prior to the reserve price being met. 

(g).  By clicking the EXIT BUTTON you may exit the auction at any time prior to the reserve being met, and you will not be charged for any of the BidClicks you submitted up to that point. It is the bidding clients sole responsibility to make sure that when deciding to exit the auction to click the exit button prior to the reserve price being met, not to do so you run the risk of being charged for all bids you submitted.   Once you have exited the auction you may not re-enter and your account will be re-set to a zero balance.

(h).  Regardless of whether you exited the auction or not, once the reserve price has been reached the auction will go live and you will be charged for ALL bids starting with the first bid you submitted up to when the auction closes and a winner is established. 

(i).  There will be a nominal charge displayed within each items listing for you to take a SNEAK PEEK at the reserve price.  Having this knowledge will give you an advantage over those who do not wish to use this feature.

(j).  The selling client hereby covenants and agrees that Elegant-Shopper will collect and retain the end selling price from the winner as its fee.   The selling client further covenants and agrees that in the event of a dispute between the selling client and any or all participants taking part in the auction whereby Elegant-Shopper is unable to collect its end selling price fee from the winner, the selling client covenants and agrees that Elegant-Shoppers online Web Site, Staff and Facilities will have been used by the seller regardless of any dispute and is therefore entitled to receive a minimum payment of $15.00 for any item listed with an MSRP under $300.00 and $25.00 for any item listed with an MSRP in excess of $300.00 from the selling client for use of its Web Site, Staff and Facilities.

(k).  If you are not sure of the bidding procedures, please contact us prior to taking part in any auction.

*****  PRIVATE LISTINGS: 

With the exception of no reserve price being allowed on items less that $250.00 in value, The procedures outlined above in "HOW BIDDING WORKS" will also apply to all private listings.  Elegant-Shopper.Com does not charge you anything to list or to sell your personally owned merchandise.  All cash proceeds obtained through the selling of submitted "BidClicks" will go to the owner/seller of the sold merchandise without deduction.  As its fees for the use of its web site facilities and the administrative functions of its staff, Elegant-Shopper.Com will collect and retain from the auction winner the end selling price of each private listing sold .