Terms and Conditions
General / Overview
The following Terms & Conditions shall apply to the relationship between CareToBid.com, and the users. By using CareToBid.com's services, the user accepts the following Terms and Conditions, as well as the manner in which CareToBid.com operates. Variations or alterations in the following Terms & Conditions shall only be binding upon CareToBid.com if agreed to in writing.
Information on CareToBid.com, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. CareToBid.com 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.
CareToBid.com will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.
CareToBid.com reserve the right to change these Terms & Conditions at any time.
Acceptance of Terms & Conditions
By accepting the Terms & Conditions and/or registering with CareToBid.com, the user confirms that he/she is eligible (defined in the "Eligibility" section) to use CareToBid.com. If you do not agree to the Terms & Conditions, do not use CareToBid.com. If you access, use, or download in any way, any service from CareToBid.com, you agree to and are bound by these Terms & Conditions.
Eligibility
By accepting the Terms & Conditions and/or registering with CareToBid.com, the user confirms that he/she is 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 CareToBid.com, 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 CareToBid.com, you agree to and are bound by these Terms & Conditions.
Users 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) and Washington D.C.
CareToBid.com products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
CareToBid.com reserves the right to limit the number of users per household and the number of won auctions per user. In addition, CareToBid.com does not allow the same credit card to be used on multiple user accounts. CareToBid.com limits the number of accounts per user to one.
Registering
Each user can only register once, and must provide a postal address for which he/she resides (P.O. boxes or similar arrangements are not permitted) and can only have one account. In addition, users must not provide misleading information on registering. Users may not collude to exchange information. The chosen user name must not be offensive, rude or intended to deceive or delude other users. Nor may a user name advertise for other websites or services. Users are responsible for keeping their passwords confidential.
If CareToBid.com receives information of a username that is illegal or in breach of these Terms & Conditions, this user account will be frozen until the user changes the username, or CareToBid.com may permanently close the account without prior notice for violating the Terms & Conditions.
The corresponding user password is to be kept secret by the user. CareToBid.com will never ask for a user's password, nor should it ever be provided to anyone, including CareToBid.com' employees. User accounts are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage CareToBid.com, shall result in the termination of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Referrals
Users may refer friends to CareToBid.com using the form on the CareToBid.com website. CareToBid.com offers free bids to any user who refers new users that purchase a bid pack. CareToBid.com reserves the right to review each referral for possible fraud. No users may refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.
Account Termination
User's have the right to terminate their account at any time. CareToBid.com reserves the right to temporarily or permanently terminate a user's account at its sole discretion. Users will be disqualified when in the reasonable opinion of CareToBid.com, a member has violated any laws or the rights of our users or other third parties. A user will be disqualified for any illegal activity or violation of these Terms & Conditions. Examples of such unauthorized usage include, but are not limited to, use of unauthorized third-party bidding software or set up of multiple accounts by the same individual ("Multiple Account Violation"). In case of a breach of these Terms & Conditions, CareToBid.com reserves the right to withhold deliveries and/or refunds for bids.
Bidding / Bid Purchases / Autmatic Bidding
Users can place bids by manually clicking an auction's "Bid" button and/or by using the Automatic Bidding function. Automatic Bidding lets users bid on an auction even when they are not online or logged in. Automatic Bidding automatically places bids according to the user's instructions. The user can read about how the Automatic Bidding operates in the "FAQ's" section.
Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are refundable. Should a user not honor a payment, a returned payment fee will be charged. The user will be responsible for these fees. CareToBid.com 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.
Bid Packs and Bid Vouchers expire after one year. Free Bids are only valid until the expiration date stated in the promotion, in general only seven (7) days. Upon expiration, the bids become void and can no longer be placed. Once a Bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded.
How the Auctions Work
With each bid placed the price of the item on which the user is bidding increases by a pre-set amount that is specified on each auction. When the auction timer reaches below 15 seconds, each new bid resets the remaining time to 15 seconds. When a bid is placed it is deducted from the user's bids account. Placed bids are not refundable. The auction ends when the time on CareToBid.com' servers reaches zero. The last user to place a bid wins the auction. Sometimes the time may differ from our servers to our users' web browsers. A user's timer should therefore only be viewed as an indication of the auction time. A slow Internet connection or an old web browser may cause the possible time difference. The auction is only over when the time on the CareToBid.com server reaches zero and no other bids have been placed. The user who was the last to place a bid wins the auction and will then have the option to purchase the product for the winning price plus shipping & handling and taxes (if applicable).
Bids become valid when they are entered into the CareToBid.com database and registered in CareToBid.com's system. CareToBid.com is not responsible for disruptions in the user's connection and/or any errors that may occur as a result of this. This includes, but is not limited to, incorrect timer display, outdated information on bidders, and bids. If CareToBid.com suspects a disruption in operations, CareToBid.com reserves the right to pause all auctions and/or change the bidding time of on-going auctions. CareToBid.com reserves the right to cancel auctions that end due to, but not limited to system error, bot bidders, technical problems, or any other reasonable reason.
The retail Price of the product is based on prices provided by the suppliers. CareToBid.com cannot guarantee that a corresponding product is available elsewhere at a lower or higher price.
CareToBid.com is not responsible for changes in legislation that affect the auction and its execution.
Buy It Now
Some auctions offer the "Buy It Now" option, which provides the user the ability to purchase the auctioned product during the auction or for a limited time after the auction ends. When a user clicks on the "Buy It Now" button, the user agrees to buy the product for the indicated purchase price plus shipping & handling and any taxes (if applicable). This price is based on the user's number of bids placed at that particular auction. Voucher or Free Bids do not count towards the personalized purchase price. After buying the product with the Buy It Now option, the user may no longer participate in that particular auction. Refunds will not be issued for bids placed in an auction.
Odds of Winning Auctions
Every auction is unique and the results of all auctions offered on CareToBid.com 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. The winner will be posted on CareToBid.com immediately following each auction.
Acceptance of the Win / Payment
After an auction has ended, the last bidder must confirm the win and pay for the auction in the "My Account" section. Here information such as total price (including shipping costs and any applicable taxes) and payment options will be displayed. Bid Packs and products can be paid for by using a payment method displayed on a payment page. The user must actively confirm and pay the total price for the won auction by following the steps indicated on that web page. Once the user has 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, careToBid.com 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. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail. The item will not be sent to the user until the total price has been paid to CareToBid.com. An invoice containing the auction price and shipping costs will be sent to the user by CareToBid.com once delivery has been arranged. CareToBid.com is not responsible for technical problems at the supplier of the payment solution. The buyer must also provide an accurate delivery address on the account before CareToBid.com can ship the product.
Special Promotions
Any special promotions run by CareToBid.com shall only be valid if they are announced on CareToBid.com or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such time frames will be announced on CareToBid.com. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Returns / Cancellations
CareToBid.com allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply the user is entitled to a refund of the auction end price (including shipping costs) they have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end 21 days after the day the winner received the goods or a notification that the goods are ready for collection.
Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. Users who are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.
If a user wishes to cancel the contract, they must inform CareToBid.com by email that they want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used:
support@caretobid.com
In order to complete a cancellation or return, a user must return the received product or products in the same condition as when they received it. Shipping expenses for returns will be paid by the user (unless goods are found to be defective). CareToBid.com will not accept a return if the user is unable to return the service or product received or only able to return it in part or in a depreciated condition.
Should CareToBid.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by the customer.
Should CareToBid.com not be able to deliver the product ordered or the product won, CareToBid.com shall be entitled to substitute the item with an equivalent product acceptable to both CareToBid.com and the user, or provide a refund of the auction end price, Buy It Now payments, and all bids placed by the user on that particular auction.
Delivery
Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers to the address provided by the user. Delivery times vary; therefore any time provided should be used as a guide. CareToBid.com shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to CareToBid.com upon taking delivery.
Withholding Payment / Retention of Title
The item delivered shall remain the suppliers property until payment is received in full of the total price, including the shipping and bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it.
Disclaimer of Warranty and Liability Regarding Use of CareToBid.com
User agrees that use of CareToBid.com is at the user's sole risk. Neither CareToBid.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by CareToBid.com, or the like, warrant that websites affiliated with CareToBid.com, including but not limited to, CareToBid.com, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on CareToBid.com may contain inaccuracies or typographical errors. CareToBid.com makes no warranty as to the results that may be obtained from the use of CareToBid.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through CareToBid.com. Furthermore, CareToBid.com shall not be responsible for any opinions, views, advice or statements posted on CareToBid.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized CareToBid.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized CareToBid.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF CareToBid.com IS AT THE USER'S SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY CareToBid.com 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.
CareToBid.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CareToBid.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF CareToBid.com, 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, CareToBid.com 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.
CareToBid.com DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CareToBid.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER 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 LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM CareToBid.com 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 CareToBid.com 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 CareToBid.com.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON CareToBid.com SERVICES OR ITEMS PURCHASED THROUGH CareToBid.com, FROM INABILITY TO USE CareToBid.com's SERVICES OR ITEMS PURCHASED THROUGH CareToBid.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF CareToBid.com's 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.
If you are dissatisfied with any portion of CareToBid.com, you should discontinue your use of CareToBid.com.
Disclaimer of Warranty and Liability Regarding Purchases from CareToBid.com
All products are sold with the manufacturer's limited warranty only. CareToBid.com warrants solely that the products sold to user under these terms shall have the characteristics specified in CareToBid.com's specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to the supplier. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE CareToBid.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY CareToBid.com OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
CareToBid.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY CareToBid.com. IN NO EVENT SHALL CareToBid.com BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
System Outage / Temporarily Paused Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. 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 paused auctions are clearly indicated. Bids placed on a temporarily paused auction shall be credited back on a user's account; however, CareToBid.com is not responsible for any other costs incurred by the user. CareToBid.com reserves the right to cancel auctions that end due to, but not limited to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. CareToBid.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, CareToBid.com shall not be liable for any damage incurred by auction users or third parties from using CareToBid.com's services. In particular, CareToBid.com shall not be liable for damage that occurs due to bids submitted by auction users not being received by CareToBid.com or not being received promptly or not being considered, as a consequence of technical errors.
Trademarks
Any trademarks appearing on CareToBid.com are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on CareToBid.com should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and your use of CareToBid.com shall be governed by the laws of the United States of America and the State of Minnesota without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court sitting in Minnesota.
You are subject to the laws of the Jurisdiction in which you reside and/or from which you access CareToBid.com and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in auctions offered by CareToBid.com while located in a prohibited Jurisdiction, you will be in violation of the law and these Terms & Conditions, and subject to having your account suspended or closed permanently. You agree that CareToBid.com cannot be held liable if laws applicable to you restrict or prohibit your participation.
The UN Convention on the International Sale of Goods shall not apply.
Protection of Data: Collection, Processing, and Use of our Customers' Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Privacy Statement.
External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite carefully checking these links, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Entire Agreement
These Terms & Conditions constitute the entire agreement between the user and CareToBid.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by CareToBid.com.
Note:
Placing bids online at CareToBid.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.