Terms & Conditions
WELCOME TO BARGAINWIZZ.COM
Bargainwizz LLC and/or its affiliates ("Bargainwizz") provide website features and other products and services to you when you visit or shop at Bargainwizz or Bargainwizz.com, use Bargainwizz products or services, use Bargainwizz mobile applications, or use software provided by Bargainwizz LLC in connection with any of the foregoing (collectively, "Bargainwizz Services").
Bargainwizz from time to time seek to improve its services and improve the functionality of the website for the benefit of our membership. As such the Terms and Conditions are subject to change to reflect legal and business development applicable to Bargainwizz LLC. Bargainwizz reserves the right to modify or change the Terms and Conditions at any time. Please review the following Terms and Conditions carefully and visit this page periodically for changes. Your continued use of the Website following the posting of changes constitutes your acceptance and agreement to the changes.
- INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in the Website and the content and the materials contained in the Website (Website Content), including all copyrights, trademarks, patents and or other proprietary rights therein, belong solely and exclusively to Bargainwizz and/or its licensors. You are granted a limited license only for the purposes of viewing the Website Content when you use this Website and only to the extent that your use does not violate these Terms and Conditions.
You are specifically restricted from ALL of the following:
- publishing any Website Content in any other media;
- selling, sublicensing and/or otherwise commercializing any Website Content;
- publicly performing and/or showing any Website Content;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way which may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and Bargainwizz may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential and you are responsible for maintaining the confidentiality of your account and password.
- USER CONTENT
In these Terms and Conditions, “User Content” shall mean any audio, video, text, images or other material you choose to post or display on this Website or on Bargainwizz owned or maintained websites and social media channels such as Facebook, Twitter, YouTube, Instagram, Pinterest and/or Snapchat, or in Bargainwizz emails, e-blasts, newsletters, advertising, promotional and other marketing materials (together, “Bargainwizz Channels”), or that you tag with or about which you respond to Bargainwizz using the hashtags #bargainwizz, #bw4life, #bwauctionexpert, or other hashtags as developed by or for Bargainwizz. By posting or displaying User Content to the Website or Bargainwizz Channels, or by tagging Bargainwizz, you grant Bargainwizz a perpetual, royalty-free, non-exclusive, worldwide, irrevocable, sublicensable license to use, reproduce, adapt, publish, translate and distribute the User Content as well as your name, persona and likeness included in the User Content and your social media account handle, username, profile picture and/or any other information associated with the User Content, in whole or in part, for commercial or noncommercial purposes in any and all media whether now known or hereafter developed. Bargainwizz reserves the right to remove any User Content from this Website or from Bargainwizz Channels at any time without notice.
You represent and warrant that: (i) you are at least eighteen (18) years of age and have the full power and authority to agree to these Terms and Conditions; and the User Content is your own original creation and does not contain false or misleading information or infringe the intellectual property, privacy rights, or other legal rights of any third party. You hereby waive any claim of any nature you may have against Bargainwizz for the use of your name, image, and/or likeness, including, without limitation, any use that might be deemed to be a misrepresentation of you, your character, or your person. You acknowledge and agree that you will not receive any payment, royalties or other consideration for Bargainwizz’ use or non-use of your name, image, and/or likeness.
- BUSINESS USER TERMS
If you are registering to use the website and receive Bargainwizz Services on behalf of a company, partnership, sole proprietor, limited liability partnership or any other person (your "Business") you warrant, represent and undertake that you have authority to (i) act on behalf of your Business; (ii) bind your Business to these Terms: and (iii) bind your Business to any contract or arrangement entered into as a result of receiving Bargainwizz Services. You acknowledge that where you do not have the authority to act on behalf of your Business and bind your Business in accordance with (i) through (iii), above, you will remain personally, liable to Bargainwizz LLC.
- NO WARRANTIES
This Website is provided “as is,” with all faults, and, to the maximum extent permitted by law, Bargainwizz and its officers, directors, employees, agents, representatives, subcontractors and suppliers hereby disclaim all warranties of any kind, whether express or implied, related to this Website or the materials contained on this Website.
- LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Bargainwizz, nor any of its officers, directors, employees, agents and representatives be held liable for any special, incidental, direct, punitive, indirect, consequential or any other damages of any kind arising out of or in any way connected with your use of this Website or the Bargainwizz Channels, under any theory of liability, even if Bargainwizz has been expressly advised of the possibility of such damages.
To the fullest extent permitted by law, you hereby agree to indemnify and hold harmless Bargainwizz and its officers, directors, employees, agents and representatives from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms and Conditions.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
- CHANGES TO TERMS
Bargainwizz is permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis and agree to the current Terms and Conditions as posted here and updated from time to time.
Bargainwizz is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notice to you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations hereunder.
- ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between Bargainwizz and you in relation to your use of this Website and supersede all prior agreements and understandings.
- GOVERNING LAW & JURISDICTION
These Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Ohio and you submit to personal jurisdiction of the state and federal courts located in Hamilton County for the resolution of any disputes.
All products are sold as-is and where-is. Items listed on auctions will be described as accurately as possible. If you are not certain of the condition or use of an item, it is highly suggested that you contact us via email at email@example.com prior to placing your bid. Please bid accordingly. A winning bid is a contract; winning bidders are responsible for the payment and removal of all items won, NO EXCEPTIONS. Please do not bid if you are unable to pay for the items and/or unable to pick the items up; or arrange and pay* for delivery; or arrange and pay* for shipping by the stated removal date. All sales are final unless otherwise stated.
- Shipping and delivery fees will be assessed upon checkout. Please refer to your membership, which can be assessed through your personal dashboard, to determine if there is any discounts on delivery and shipping fees.
“NEW” items purchased through Buy Now may be returned. Please note that ‘open box’ or any condition listed other than ‘New’ is NOT eligible for return. ‘New’ is any item that is unopened and unused in its original packaging. Please purchase accordingly. All returns must be within three (3) business days from the time of purchase. There will be a 15% restocking fee on all returns. Customer is responsible for any return fees including shipping, delivery and insurance associated with the return. All returns require a Return Authorization Number which can be obtained at firstname.lastname@example.org
Some pictures may show more than one item. Do not assume a lot consists of more than one item simply because items are connected, grouped or pictured together. Please read the descriptions thoroughly. Place bids based on the description of the item, not the photo.
Catalog inaccuracies can occur and occasionally the wrong photo is displayed for an item. Sometimes a catalog or stock photo is used that shows the item in ‘New’ condition; this does not mean the item is in ‘New’ condition. You must purchase or place your bid based on the item description which will include the condition of the item, not the photo(s). For more information on the designation of conditions of products available on Bargainwizz.com click here.
Summary of Bidder Terms
We highlight some key terms below:
What We Do for You
We provide online auction services that facilitate online bidding. We also provide a ‘Buy Now’ purchasing service.
Bargainwizz is a membership-based auction and Buy Now website. Each customer upon registration on Bargainwizz.com will be provided a member dashboard which allows the user to access personal account information.
We offer three different memberships to our users as follows:
- Bargain Seeker – an always, free membership with basic benefits for both the buy now and auction functionalities.
- Bargain Hunter – a paid membership that include the Bargain Seeker benefits along with upgraded benefits.
- Bargainwizz Pro – a paid membership that include both the basic benefits, the Bargain Hunter benefits along with additional upgrades.
Bargainwizz.com reserves the right to remove and/or cancel any membership as necessary to assure Terms and Conditions herein. If membership is cancelled, member reserves the right to appeal by contacting Bargainwizz in writing within 15 business days of notice at: 3606 Park 42 Drive, Suite 4, Cincinnati OH 45241.
Available for all memberships. General Pickup times are provided for each auction and Buy Now purchase. Pickup options are dependent on types of membership and will be shown in your personal dashboard. If you are unable to pick up your items on the assigned pickup date, you must notify email@example.com to make alternate pickup arrangements.
Pickup is available at Bargainwizz locations ONLY.
Upon arriving follow the signs to the General Pickup Location. Park your vehicle in the designated parking spaces. Follow the directions posted to retrieve your items. The Bargainwizz Team member will provide an itemized list of items for pick up. A signature will be required at this time. You are responsible for making sure the list of items picked up is complete.
Buy Now and Auction items may be eligible for shipping. If an item is not available for shipping, it will be indicated in the item description. All shipments are sent ‘signature required’. Shipping options will be available for select purchases at normal shipping rates. Shipping availability will be indicated in the item description. A 7% handling fee may be included on each shipment.
What You Agree to Do
To become a bidder or purchaser on Bargainwizz.com or a member of Bargainwizz Services, you must be 18 years of age or older. Our services are available to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are not of legal age, do not use our services.
Use the Bargainwizz.com website and the Bargainwizz Services in accordance with the Terms and Conditions listed herein. Specifically, you agree that we can change, modify, or remove any of the Services without notice and without reason at any time. You also agree that the liability of Bargainwizz and that of its affiliates shall be limited to the refund of the purchased item or the bidder(s) purchase price, no exceptions.
Items become the full responsibility of the Buyer at the time items leaves Bargainwizz premises. The Buyer must make arrangements for pickup, shipping or delivery (as applicable) within 7 calendar days of purchase, where that date becomes the final removal date. If the item(s) is not removed within three calendar days after the final removal date, the ownership of the merchandise will revert back to Bargainwizz and Bargainwizz may dispose of or resale the item at its discretion. Bargainwizz offers shipping, pickup and delivery options for its buyers.
No adjustment will be made after an item/lot has been removed from the premises or after the removal date posted by Bargainwizz, whether or not the property has been removed. Bargainwizz reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the auction or sale.
In the event an item is not available for pickup at the scheduled date and time, the buyer must, notify onsite staff and file a claim or by replying to the original emailed invoice noting the items not available, within 48 hours of the pickup date. After 48 hours, Bargainwizz and Buyer agree that no adjustment or refund will be made. If Bargainwizz cannot locate the item within three business days, Bargainwizz will issue a refund of the purchase amount.
Any item NOT picked up or arranged for shipping or delivery by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Bargainwizz will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser. Any Items not paid for and/or removed by specified time more specifically, left 3 calendar days after the scheduled removal date WITHOUT notification to Bargainwizz.com may be considered ‘abandoned’ and ownership will revert back to Bargainwizz.com. No refunds will be given for abandoned items. The purchaser agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
Returns and Refunds
All auction sales are final unless otherwise stated. There are NO returns or refunds available for auction items. NO exceptions.
Buy Now Sales:
‘New’ items purchased through “Buy Now” are eligible for returns. Note: Auction Items, Open Box, Refurbished or ‘As Is’ items are NOT eligible for returns. All return requests must be submitted within 3 business days of pickup or delivery.
To return an item:
- Log into your personal dashboard
- Go to the Return Center
- Complete your return request
- Click “Send Form” at bottom.
Returns must be ‘New’ and returned in the original unopened packaging. All parts must be present. Returns will be accepted in the same manner the item was originally secured, i.e. curbside, delivery or shipped. Customer is responsible for any return fees including shipping, delivery and insurance associated with the return. There may be a 15% restocking fee on returns. Returns will be processed within 7 business days. To initiate a return, complete a the requested information in our Returns Center which can be found in your personal dashboard or in the footer of the Home page. Upon receiving your completed Return request we will review your information providing any additional return instructions as needed. All returns must be accompanied with authorization from our Returns Center, no exceptions. A refund will be issued upon approval of a return. Any fees will be subtracted from the refund. Refunds can be viewed in your personal dashboard.
If an item cannot be located after winning an auction or purchasing through Buy Now, a refund will be issued. If a refund must be granted, we will notify you of a credit within 5 business days from the time we were made aware of the missing item(s). Refunds can be viewed in your personal dashboard.
Warranty or Guarantee
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Cancellation of Bids or Purchases
Bargainwizz strives to provide accurate product and bid information, however typographical or system errors may occur. Note that there may be certain bids and purchases that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to cancel or refuse any bid or purchase for any reason. This includes pricing errors that may occur on the website. We reserve the right to cancel any auctions or orders resulting from such pricing errors.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
All trademarks reproduced on this website which are not the property of, or licensed to, Bargainwizz are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Before placing a bid or bids, potential bidders will remember the following:
• Read the item listing thoroughly, especially the item description and additional information. View the pictures but keep in mind that sometimes, listing errors are made, and sometimes pictures can get switched. Your bid should be based on what you read about the item and not solely on the pictures.
• Double check your bid amount. Bargainwizz.com will not be responsible for erroneous bids. Examples of erroneous bids include bidding on the wrong item, misplaced decimal points, or extra zeroes.
• When you place a bid, you are agreeing that you will pay for the item if that bid becomes the winning bid. You are also agreeing that you will either (a) schedule pick up of the item(s), or (b) you will arrange and pay (where applicable) for shipping of the item(s) or (c) arrange and pay (where applicable) for local delivery of the item within 7 calendar days of the purchase or auction end date. Any items left 3 calendar days after the scheduled removal date may be considered to be ‘abandoned’ and ownership will revert back to Bargainwizz.com. No refunds will be given for abandoned items.
- As a Bidder you are responsible for any bids placed under your bidding number and password. The security of your Bidder information is your sole responsibility as you, the Bidder, will be responsible for any, and all bids placed under your number. If at any time you feel that your Bidder number and/or password have been compromised due to lack of security on your part, you must notify Bargainwizz by email immediately at firstname.lastname@example.org.
- Failure to make arrangements to pay for item/lots won on Bargainwizz.com for two times in a 6-month period may result in forfeiture of your ability to use the services at Bargainwizz.com and your membership.
You will be contacted by text or email (based on your registration), if you have won an item or items. You are responsible for checking your text messages or email for any communication. You will be furnished an electronic receipt that shows ‘PAID IN FULL” at the end of the auction or sale. If unable to find in email, check your spam folder. Emails will be sent to the email address provided when registering your member account. Contact us immediately if you feel that there has been a mistake.
The final highest purchaser shall be designated at the end of each auction sale. If a dispute arises between two or more Bidders, Bargainwizz reserves the right to reopen bidding. Bargainwizz designation of the Buyer shall be final.
Increasing your own Bid/Bidding Errors
Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids prior to submitting. Note: Bids require a 2-step process to allow the buyer the opportunity to review prior to submission. Once bids are submitted, due to the fast pace and protection of bids by other buyers, we do not reverse, cancel or retract bids, NO exceptions.
If you have been outbid, you will be notified by email or text until the auction closes. To quickly review your bids and see if you have won, you can utilize the 'View Your Bids' feature in your personal dashboard. Outbid items will be clearly marked.
Staff bidding is allowed on Bargainwizz.com. Anyone from our staff is welcome to participate in any auction. Staff can bid on or purchase items through Buy Now.
Bidding by the consignor seller of item(s) is allowed on Bargainwizz.com. The consignor seller may buy back an item for the highest winning bid amount or place a bid to cover their reserve price. The consignor seller can also buy back an item through our Buy Now option.
Bargainwizz, an Ohio Corporation is governed by Ohio Revised Code (O.R.C.) §1302.41.
Bargainwizz auctions are conducted within the rules listed below plus any other provisions that may be added from time to time by Bargainwizz LLC. By using this Website, you are expected to review these Terms and Conditions on a regular basis and agree to the current Terms and Conditions as posted here and updated from time to time. To register as a bidder, create an account at www.bargainwizz.com/account.
All registration information the Bidder and Seller provides to Bargainwizz shall be current, complete, and accurate. Bidders and Sellers must be 18 years of age or older. Bidder and Seller agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of or any transaction being conducted on, before, during or after the auction sale or Buy Now sale. Bargainwizz LLC reserves the right to suspend a Bidder or Seller membership for violation of the Terms and Conditions herein.
Modifications to Auctions
Bargainwizz LLC reserves the right to modify any auction. This includes the right to:
• Add or remove items.
• Split or combine lots.
• Add minimum bids or reserve prices.
• Cancel, suspend, extend or reschedule an individual item and/or auction event.
• Make changes to the auction start times, closing times or removal times.
Our online auctions do not close instantly – unless otherwise stated. Items will close with so many items per minute as determined by Bargainwizz.com. This feature will close the bidding on intervals. This process begins at the auction’s stated end time and works with the auto-extend feature to closely emulate a ‘live’ auction.
If a bid is placed within the last one (1) minute of an item’s closing time, the closing time will be automatically extended by two (2) minutes.
Please note that ALL auctions are presumed to be with a reserve unless explicitly stated as absolute or without reserve. There is no requirement that at an auction with reserve, must announce when the reserve is met. Auctioneer may bid on their own behalf provided that this has been fully disclosed to the bidders and
the seller. ORC §1302.41
Item Description Inaccuracies
For demonstration purposes, assorted equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
You are bidding on the described item, not the photo. Occasionally the wrong photo is displayed. Please always read the item description.
Warranty & Condition of Items Sold
All items are sold "AS IS, WHERE IS” with NO WARRANTY expressed or implied. Descriptions are believed to be accurate but not guaranteed. Use caution bidding on items, when you are not certain of the condition or use of an item. You are bidding on the described item, NOT the photo. Viewing days are available at the discretion of Bargainwizz.com. When available viewing days assist in bidding and purchase decisions. It is encouraged to view items prior to auctions or Buy-it-Now purchases. Be mindful, that upon viewing many items may be in brown boxes and may not be complete. Use caution when bidding and purchasing.
Bargainwizz Services accepts Visa, MasterCard, Discover, American Express and more as forms of payment. Options will be provided at checkout. Credit cards will ALWAYS be charged at the end of an auction transaction unless otherwise specified. You must have available balance on your credit card for your online purchases. Buy Now purchases are completed by the buyer. Please note items left in your shopping cart are subject to being purchased by another buyer. At the conclusion of the auction or Buy Now purchase you will be sent an email with a total of the items you won or purchased. A history of purchases can also be found on your personal dashboard. For more information concerning user dashboards please visit www.bargainwizz.com/mydashboard.
Credit Card Declined
If the credit card on file is declined at the time of processing, buyer is responsible for providing another credit card and updating with a new credit card in the personal dashboard within 24 hours. If the item goes unpaid, Bargainwizz reserves the right to resell any unpaid item within 48 hours of the sale or online auction item/lot's closing date. Failure to pay for item/lots won or purchased on Bargainwizz.com for 2 times in a 6-month period may result in forfeiture of your membership. Bargainwizz.com reserve the right to reject any and all bids or sales, if it so chooses.
Buyers Auction Premium
Most memberships will not incur a Buyer’s Auction Premium. BargainSeeker™ members will have an additional 12% Buyer’s Auction Premium added to the final price for auctions. The Buyer’s Auction Premium does not apply to Buy Now purchases.
A $1.00 pre-authorization amount may be applied against your account for each auction you place a bid. This charge is a pending-only charge meant to verify your credit card on file and will drop off. It will not post permanently to your account. If you have any questions, please contact our support team by email at email@example.com. If you feel this charge was mistakenly posted to your account, you must provide a bank statement showing that the charge was POSTED, not pending, to your account.
For all memberships, applicable sales taxes will be added to all auction and Buy Now purchases.
Ohio – 7.8% sales tax will be collected which is 5.75% Ohio state tax and 2.05% Hamilton County tax.
IMPORTANT TAX EXEMPT OR RESELLER STATUS: If you are tax exempt, prior to bidding on an online auction or completing a purchase you must email a copy of your states tax exempt certificate or submit a completed copy of the Universal Sales and Use Tax Resale Certificate. Applications must be approved before allowing tax exemption. Auction purchases or Buy Now purchases requiring tax exemption status but transacted prior to approval will require you applying to the state for a refund. Completed tax exempt forms must be emailed to firstname.lastname@example.org. We will notify you within 2 business days of the status of your request.
Site User Agreement
By registering to utilize our Auction services through a bid and/or placing a bid and/or making any purchase through our Buy Now sales, you acknowledge that you have read, understand, and agree to these Terms and Conditions.
This Site User Agreement and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Ohio applicable to contracts entered into within the State of Ohio. Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Hamilton County, Ohio.
If any provision of this Site User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Bargainwizz LLC failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. This Site User Agreement sets forth the entire understanding and agreement between Bargainwizz.com and the buyer with respect to the subject matter hereof.
Bargainwizz liability shall be limited to the refund of the buyer(s) or bidder(s) purchase price.
The Terms and Conditions as provided herein cannot be altered except in writing by Bargainwizz.com
Your use of this website, Bargainwizz.com, indicates your acceptance in full of these Terms and Conditions.