Terms & Conditions

Introduction

These Terms and Conditions, and all policies posted on our site set out the terms on which Best in the World Auctions offers you access to and use of our site. You agree to comply with all Rules and Regulations when accessing and using our Website.

The entity you are contracting with is Best in the World Auctions, 470 Stanton St, Wilkes-Barre Pa. 18702.

These Terms and Conditions are effective upon acceptance for users who accept it through registration of a Best in the World Auctions account.

About Best in the World Auctions

Best in the World Auctions is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. As a marketplace, BITWA does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. BITWA is not a traditional auctioneer.

While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, BITWA has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using Best in the World Auctions

While using or accessing the Services we provide you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.
  • fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with other user's listings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the ratings system
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose;
  • harvest or otherwise collect information about users, including email addresses, without their consent.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Abusing BITWA

Without limiting other remedies, we may suspend or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account or take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of these Terms and Conditions or our policies;
  • despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
  • you fail to pay us all fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our Website. We reserve the right to alter or change our fees from time to time by posting the changes on our site 7 days in advance, but with no advance notice required for temporary promotions.

You must have a payment method on file when selling on BITWA and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you will be subject to late fees. BITWA, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported to a credit bureau regarding your BITWA  account, you must contact the collection agency directly.

Listing Conditions

Return Policy:  Seller's should accept returns of merchandise within 14 days of receiving the item.  

 

  If an item has been received not as described, please send a message so a solution can be worked out.  

**Please note: Items sold as "New In Box" that are in factory sealed packages are not returnable once they have been opened. Unless the seller's policy is different than this default policy**

When listing an item, you agree to comply with the listing rules and selling rules:

  • You are responsible for the accuracy and content of the listing and item offered.
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • number of listings matching the buyer's query.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • Some advanced listing upgrades will only be visible on certain Services.

Purchase Conditions

When buying an item, you agree to the rules for buyers and that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
  • For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
  • We do not transfer legal ownership of items from the seller to the buyer.
  • Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

International Buying and Selling

Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

You may list your items directly BITWA

Content

When providing us with content or posting content using BITWA Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.

You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Service, and our use of such content (including of works derived from it) in connection with the Service.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from BITWA at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

  • To contact you for reasons relating to your account or your use of our Service (such as to collect a debt, resolve a dispute, or to otherwise enforce our Terms and Conditions) or as authorized by applicable law
  • We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Admin.

 


Disclaimer of Warranties; Limitation of Liability

We try to keep our Service safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in BITWA applications may not occur in real time. Such functionality is subject to delays beyond BITWA control.

You agree that you are making use of our Service at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold BITWA responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any BITWA  Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms and Conditions and/or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of BITWA's Services or your breach of any law or the rights of a third party.

Legal Disputes

You and BITWA agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the BITWA Terms and Conditions  your use of or access to BITWA’s site. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

A. Applicable Law

You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern the Terms and Conditions and any claim or dispute that has arisen or may arise between you and BITWA , except as otherwise stated in the Terms and Conditions.

 

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the BITWA site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

BITWA 's Counterfeit program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us.

The Terms and Conditions, Privacy Policy, and all polices set forth the entire understanding and agreement between you and BITWA and supersede all prior understandings and agreements of the parties.

 

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