| Terms & Conditions |
Please read the following pages carefully, as they contain the Terms and Conditions of Use that will govern your use of the RunLiveAuctions Website. These Terms and Conditions constitute a legally binding agreement between you and RunLiveAuctions. Use of the RunLiveAuctions Website at http://www.runliveauctions.com will be considered acceptance of these Terms and Conditions. It is your responsibility to carefully read these Terms and Conditions before using this Website. If you do not wish to be bound by the Terms and Conditions contained in the following pages, please do not use the RunLiveAuctions Website.
1. Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the copyright laws, and is the property of RunLiveAuctions.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place a bid on products displayed at RunLiveAuctions.com. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RunLiveAuctions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
2.Trademarks
All trademarks, service marks and trade names used in this site are trademarks or registered trademarks of RunLiveAuctions.com.
3.Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RunLiveAuction disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RunLiveAuctions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RunLiveAuctions does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
4. Eligibility to Participate / Registration / Disqualification
By placing an order through the RunLiveAuctions site the user warrants that they are legally capable of entering into binding contracts, they are at least 18 years old.
Only registered users can use the full functionality of “My Runliveauctions”, in particular the BidRobot and the other RunLiveAuctions options. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of TeleBid, shall inevitably result in the disqualification of the user and the report 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.
RunLiveAuctions is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when in the reasonable opinion of RunLiveAuctions a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if RunLiveAuctions has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user. Please also see our separate acceptable use policy.
RunLiveAuctions also reserves the right in its absolute discretion to restrict the number of auctions in which a user may participate or may win.
5. Buying Bids
Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called “BidPackages”) at the currently applicable prices, which can be viewed in “My RunLiveAuctions” under “Buy Online Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately.
Payment can be made by credit card or via payment agent.
Should a payment not be honoured for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. RunLiveAuctions reserves the right to block access to the user 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 in full.
6. Bidding / BidRobot
For online bidding, an individual bid can be submitted by clicking, or the BidRobot can be used. Once a bid is submitted it is no longer valid and is deducted from the user’s account accordingly.
The BidRobot assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more BidRobots. The BidRobot automatically submits bids according to the specifications set in advance by the user. The user can read about precisely how the BidRobot operates in the “Help” section. The user is prohibited from using bidding software not authorized by RunLiveAuctions, and doing so will result in immediate disqualification from use.
7. How the Auctions Work
With each bid submitted, the price of the item on which the user is bidding increases by 10 cents. A bid submitted by the user constitutes an offer from that user to RunLiveAuctions to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder will be the user who has submitted the highest bid (auction price) as the last bid.
Each new bid starts off a new “remaining time” for the auction. The remaining time for each of the auctions is shown on the screen. The auction ends when no more bids are submitted within the remaining time stated. The user who is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in RunLiveAuctions’s database and RunLiveAuctions’s decision regarding who is the last bidder shall be final (save in the case of manifest error).
8. Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the last bidder (“winner”), who is logged on with “My RunLiveAuctions”, will see a “congratulation page” displayed with all of the important information such as the total price (auction price plus shipping costs), the bank details, etc. The user must actively confirm the win by following the steps indicated on that page . As soon as the winner has clicked on “Confirm” on the “congratulation page”, the win is accepted. In the event that the winner has not confirmed the auction he or she won within 21 days shall be entitled to deem that the winner has revoked the contract, RunLiveAuctions can withdraw from the contract. The winner’s right to delivery of the item will then be permanently revoked. There is likewise no entitlement to replacement of the bid used. The winner will also receive a notification of the win by e-mail with a request for payment.
The user must pay the total price (auction price plus shipping costs) no later than 7 days after the notification of the win is sent. After this deadline has passed, RunLiveAuctions can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked. There is likewise no entitlement to replacement of the bid used.
The item is not sent to the user until the total price has been paid to RunLiveAuctions. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid for in full. RunLiveAuctions reserves the right to charge the winner reasonable storage charges for the items not paid for.
An invoice containing the auction price and shipping costs will be sent to the user by RunLiveAuctions upon delivery.
9. Cancellation
RunLiveAuctions grants to the user ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the consumer but this does not affect the consumer’s other rights.
Cancellation Instructions:
* Right to cancel
You may cancel your contract within two weeks in written form (e.g. letter, fax, e-mail) or by returning the items, without stating your reasons. This period is extended to one month if you are not informed of these instructions until after you have concluded the contract.
The period begins no earlier than when the item and these instructions are received. To meet the deadline, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation requests need to be sent to the follwoing email address - info@telebid.com
* Consequences of Cancellation
In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived therefrom (e.g. interest) as applicable. If you are unable to return to us the service or product you received or are only able to return it in part or only in a depreciated condition, you will have to pay compensation to us, as applicable, unless the deterioration resulted from proper use. In the case of use of items, this shall not apply if the deterioration of the item is attributable solely to it being tested as it would be possible for you to do in a retail store. In other respects, you may avoid this duty to pay compensation by not using the item(s) as you would your own property, and by refraining from any action that would detract from its value. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for you. Items that cannot be shipped in packages will be picked up upon coordination with you. You must satisfy obligations to refund payments within 30 days after sending your notice of cancellation.
When you cancel by the deadline, you are not obligated to take delivery. RunLiveauctions will refund any purchase price already paid. There is no entitlement to replacement of the bid used.
The customer is to pay the costs for the return shipment if the item delivered matches that ordered and the price of the returned item does not exceed a sum of $ 50.00, or if, in the case of a higher price for the time, the consideration or contractually stipulated partial payment has not yet been remitted by the date of cancellation.
Should RunLiveauctions incur additional costs for insufficient postage on the return, for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment remitted by the customer. Sets/boxes can only be returned in their entirety.
10. Delivery
If nothing to the contrary has been stipulated, delivery will be made from our supplier’s warehouse to the address provided by the user. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the supplier upon taking delivery.
Withholding Payment / Retention of Title
The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.
11. Limitation of Liability
RunLiveAuctions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if RunLiveAuctions has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Term
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or bidding process. These terms and conditions, or any part of them, may be terminated by RunLiveAuctions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
13. Notice
RunLiveauctions may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to he address you have provided at RunLiveAuctions.com.
14. Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Texas. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. RunLiveAuctions's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
15. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a RunLiveAuctions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
16. Participation Disclaimer
RunLiveAuctions.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. However, RunliveAuctions.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RunLiveAuctions.com in its sole discretion.
17. Third-Party Links
In an attempt to provide increased value to our visitors, RunLiveAuctions.com may link to sites operated by third parties, mainly for payment purposes. However, RunLiveAuctions.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RunLiveAuctions. Nonetheless, RunLiveauctions.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well.
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