TERMS AND CONDITIONS

ACCEPTING THE TERMS

1. You may not use the Services if you do not accept the Terms.

You can accept the Terms by: 1.1 clicking to accept or agree to the Terms, where this option is made available to you by Bidmos in the user interface for any Service; or 1.2 by actually using the Services. In this case, you understand and agree that Bidmos will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Bidmos, or you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Terms for your records.

2. LICENSE AND SITE ACCESS

Bidmos grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bidmos. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not utilizing Bidmos's name or trademarks without the express written consent of Bidmos. Any unauthorized use terminates the permission or license granted by Bidmos. You may not use any Bidmos logo or other proprietary graphic or trademark as part of the link without express written permission.

3. USER CONTENT, LINKS, THIRD-PARTY SELLERS

We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk. We are not obligated to be involved in any disputes between you and any such third parties. When you leave our site, our Terms (including our Privacy Policy) no longer govern. You should carefully review the applicable third party privacy statements and other terms and conditions of use. Without limiting the forgoing, if you have a problem with a link from any one of our sites, please notify us at support@bidmos.com . You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

4. REGISTRATION AND PARTICIPATION

Employees and relatives of employees of Bidmos are not eligible to participate in Bidmos auctions under any circumstance. Products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Bidmos reserves the right to exclude commercial resellers from the participation in the auctions and to close such user accounts at any time. You may register only once using your postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Bidmos will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service and that your user account may be used only by you and not anyone else. Accordingly, you agree that you will be solely responsible to Bidmos for all activities that occur under your account. User accounts created during registration are non-transferable.

5. RULES, RESTRICTIONS, SUSPENSION

Without limiting other remedies, we may limit, suspend, or terminate our Service and user accounts, prohibit access to our sites and their content, services, and tools, delay or remove hosted content, including any User Content and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Bidmos sites, services, or tools.

5.1 You agree to the following conditions:

You also agree not to engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any user experience of our Services including but not limited to the following: using any unauthorized third-party bidding software; accessing any of the Services by means other than through the interface provided by Bidmos (e.g. no use of scripts or web crawlers); manipulating our fee structure, the billing process, bidding, auctions or fees owed to Bidmos; distributing spam,, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or collecting information about users, including email addresses, without their consent. You agree that you are solely responsible for (and that Bidmos has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bidmos may suffer) of any such breach. In case of a breach of these Terms, Bidmos reserves the right to withhold deliveries or refunds for Bids.

6. BIDS

Bidding rights or bids ("Bids") must be purchased and paid for by you prior to online bidding. Bids can be purchased in packages ("BidPacks") as further described under "Bidding" in the "Help" Section of the Bidmos Site. Prices for Bids or BidPacks may change in Bidmos discretion from time to time. Bids must currently be placed online through our website. In the future Bidmos may allow Bids to be placed through third party websites or through use of your mobile phone. In such cases, you will be required to disclose your mobile phone number and be responsible for ensuring it is accurate and up to date. For information on when such opportunities may be available in the future, check the “Help” Section of the Bidmos site.

7. THE AUCTION PROCESS

We do not represent or warrant that your Bid will be timely received or accepted by Bidmos site and you understand that our receipt of your Bid depends on several factors, some of which we have no control over, including your Internet connection, the equipment you are using to access our site, and other technological and/or telecommunication-based factors. You agree that Bidmos shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which your Bid is not received, delayed or otherwise rejected by Bidmos. Bidmos reserves the right to add, reschedule or remove products from the Bidmos website at anytime without notice. An auction is deemed to have closed when the timer on the auctioned item counts "closed" and no users have placed a Bid. Users should be aware that the timer available to the user is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Bidmos servers. Bidmos reserves the right to limit the number of auctions you can win within a specific time period. Please refer to the Auctions topic of the “Help” Section for further information. A Bid submitted by you constitutes your offer to enter into a binding contract with Bidmos and in the event of winning an auction, you will receive a purchase offer for the item of the auction under the conditions set out in the related auction.

8. PAYMENT

Unless otherwise stated, all fees and prices are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with products or our sites and services in a timely manner with a valid payment method. 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, and for accounts over 90 days past due, deducting the amount owed from your PayPal account balance.) Bidmos reserves the right to withhold any outstanding deliveries and block your access to your account until payment in full of any amounts owed are received in full. If you win an auction, you must actively confirm your win and purchase the auction item (including shipping costs) within 14 days of the auction end date. If an auction win has not been confirmed and purchased within the 14 day period, Bidmos reserves the right to withdraw the offer to conclude a purchase contract and your right to pay for and receive delivery of the auction item will be revoked. No auctions items will be delivered until the total price has been received by Bidmos. Bidmos reserves the right to charge you reasonable storage fees for items not paid for. Remember, all Bids placed in that auction expire and are non-refundable.

9. DELIVERY

All items purchased from Bidmos are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item to the carrier. Unless otherwise stated, delivery will be made directly from our third party suppliers or from our warehouse to the shipping address provided by you. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department at support@bidmos.com if an item is not delivered within the indicated time so that we can work with you to address the issue. Bidmos 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 Bidmos upon taking delivery. Should Bidmos not be able to deliver the item ordered, Bidmos shall be entitled to substitute the item with a comparable replacement product with the similar or better features, or provide a refund of the auction end price to you based upon your preference.

10. RETURNS/REFUNDS

If, within 7 days of delivery of an item, you decide you no longer want the item, Bidmos will refund you with the amount that you paid for the item as well as original delivery costs, provided that you have returned the item to Bidmos, the item is still in its original packaging and the item is not damaged or used. Returns or refunds must be first initiated by contacting the Bidmos customer service team in writing (by letter or email) within the 7 day period in order to be executed. Please note that we cannot offer you a refund on the cost of the Bids that you placed on that auction or the return shipping cost. Should Bidmos incur additional costs for insufficient postage on the return 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 whatsoever paid to you. Sets/boxes can only be returned in their entirety. Exceptions to the right to return are audio or video recordings, computer software that you have unsealed and other items noted by Bidmos on the Bidmos site. Such items are not eligible for return or refund.

11. INFORMATION INACCURACY DISCLAIMER

Bidmos reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

12. DISCLAIMER OF WARRANTY

We will pass through to you a manufacturer`s limited warranty for any item that you purchase when we can reasonably do so; however, you understand and agree that we do not control or participate in warranty-related activity, and all warranty repairs or replacements must be made through the relevant manufacturer. Please be aware that some manufacturers will not honor warranties of products sold through auctions.

13. SYSTEM OUTAGE/TEMPORARILY HALTED 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 halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and additional minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user`s account and are not eligible for a refund for bids used or other costs incurred. Bidmos provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition to the provisions of limited liability set forth above, Bidmos shall not be liable for damage that occurs due to Bids submitted by you not being received by Bidmos or not being received promptly or not being considered as a consequence of technical faults.

14. INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bidmos or its third party suppliers/licensors and may be protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Bidmos and protected by U.S. and international copyright laws. All software used on this site is the property of Bidmos or its software suppliers/licensors and may be protected by United States and international copyright laws.

15. CHANGES TO THE TERMS

Bidmos may make changes to these Terms from time to time. When these changes are made, we will make a new copy of the Terms available to you from within, or through, the Bidmos services. You understand and agree that if you use the Services after the date on which the Terms have changed, Bidmos will treat your use as acceptance of the updated Terms.