Terms and Conditions

The following Terms and Conditions apply exclusively to the business relationship between Cent Auction Live, Ltd., its Site www.PoshBid.com ("PoshBid") and our users. By using PoshBid, you accept the following Terms and Conditions, as well as the manner in which PoshBid and its “AutoBidder” operate as described on the website www.PoshBid.com.

What do I need to participate in auctions?

By opening a user account, you confirm that you are at least 18 years old and have the legal capacity to enter into a contract, which is applicable in the Customers jurisdiction. You also confirm that you are not an agent or employee of PoshBid as employees and agents of PoshBid are not allowed to participate in PoshBid Auctions.

You may participate in the Auctions held on the Site as described by making bids and paying any applicable fees through Pay Pal.

The Pay Pal payment service is available to you if you registered as a user of the Site and wish to purchase the right to make bids via Pay Pal. “PayPal is the faster, safer way to pay and get paid online. The service allows members to send money without sharing financial information, with the flexibility to pay using their account balances, bank accounts, credit cards or promotional financing” (PayPal, 2009).

We recommend all our users to monitor their bidding practices. Placing bids online frequently or repeatedly can result in higher costs. Users should therefore pay attention to their bidding practices and check their charges regularly. We advise all parents to keep a close check on their children’s online activities.  PoshBid is not a website suitable for children under the age of 18.

Who is eligible to participate? / to register with “My PoshBid”? / for disqualification?

In accordance with these terms and conditions PoshBid assists the winning bidder in purchasing items and delivering the purchase (directly or via third party).

Anyone who opens a user account with the Site in any manner permitted by PoshBid on the Site becomes a Customer of the Site. Customers agree to abide by these Terms and Conditions upon opening a user account.

You must register as a user of the Site by completing and confirming a registration form in order to become a customer. You will become a customer and a contract between you as the customer and PoshBid will come into affect upon registration.

During the registration process, you will be required to select a username and password. Two users per household is allowed. Duplicate user names will not be permitted, and individual usernames will be awarded on a first-come, first-serve basis. It is illegal to create multiple accounts. PoshBid reserves the right to refuse to issue or to cancel any username that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever.

You agree that you will not disclose any information necessary to access your user account to others. Any third party using your account does so at his or her own risk, and acknowledges that PoshBid does not owe them any duty.

To the fullest extent permissible under the law, the Customer agrees to use the Services offered on the Site, subject to these Terms and Conditions.

PoshBid shall not be liable for damages caused by your unlawful activities. Any user of the Site who engages in unlawful activities shall be liable to PoshBid for any losses or expenses caused by such activity, including reasonable collection fees, attorney’s fees and court costs.

You agree that you may not damage, interfere with, or corrupt the Site or its normal functioning in any way.

You agree that you may not collect information about other users of the Site, including e-mail addresses, without the consent of such users.

When using the Services offered on the Site, you agree to disclose only truthful and correct information.

You agree that you may not use the Site to distribute spam, personal ads, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by PoshBid. PoshBid reserves the right to take any measures deemed appropriate to stop you from misusing the Site.

You understand that PoshBid is not an agent, employee, broker, or representative of the Customer. PoshBid does not owe the Customer any duties other that those expressly set forth in these Terms and Conditions.

PoshBid reserves the right to revoke any contract entered into with you if you engage in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of the site, as well as the use of the site to harass others. In responding to inappropriate conduct, PoshBid may close the account that is the source of the inappropriate conduct in question, may refer the matter to the corresponding authorities, may seek relief from a court of competent jurisdiction, and may take any other action deemed appropriate.

The customer may not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or site marks used in an infringing fashion.

You may not interfere with other users' use of the site.

You may not submit or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.

You may not collect by any means contact information from the site for use related to commercial e-mail.

Terms of Use

There are two different types of auction at PoshBid: Penny Auction and Flash Auction. You will need credits to bid at PoshBid. One credit costs $1.00- $0.50 and each bid raises the price by $ 0.01. Read more from Help to get the idea if you are a new to PoshBid.

Winning Limits

Users may not win more than 3 auctions per week. So in any 7 day period (Monday-Sunday) user must only have won 3 or less auctions. Users can win up to 1 featured auction within a 7 day period. Auctions are counted from Monday.

If a user reaches the limit (During the 7 day Period Mon-Sun), they will be sent an e-mail notification, stating their limit has been met and they are suggested to continue bidding from Monday, new week.

Bids placed by user who have reached their winning limits will not be accepted and their bids wont be given back by PoshBid.com

If a user who has reached winning limits has participated on an auction and won, than the user will not be counted as a winner. The auction will be set to run from the point it was closed day before and bids won’t be refunded.  User will be notified and may not participate on the auction after reset.

Winning Limits for bid packages- User may not win more than 1 bid package per week.

Notice! Total Wins Per Week Allowed four (4) Including one (1)Bid Package.

PoshBid.com may temporarily Block/Delete/ user(s):

PoshBid.com reserves the right to temporarily or permanently block a user, or delete their account at any time, and at its sole discretion. Users will be blocked when in the reasonable opinion of PoshBid.com; a member has violated any laws or the rights of third parties. A user will be blocked if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of PoshBid.com.

In case of a breach of these Terms, PoshBid.com reserves the right to withhold deliveries or refunds for bids.

Examples of such unauthorized usage include:

-use of multiple accounts (duplicate user names)

-use of unauthorized third-party bidding software

-use of misleading, obscene or otherwise inappropriate user name

-use of false information (name, address, identification)

-user has interfered with other users of the site

-user has broken the Winning Limits, (3) three times or more

-subsection of using PoshBid.com as business (winning same products multiple time)

What is the Autobidder?

Users can bid in two ways. Bids can be placed manually by clicking on the relevant Bid Buttons, or can be placed automatically using the AutoBidder.

The AutoBidder assists bidders to bid on an auction even if they are not online at that time. The AutoBidder automatically submits bids according to the specifications set in advance by the user.  For more information please view Help

Notice! Autobidder placed bids automatically after someone else has placed a bid.

What is the product or auction price?

The price for a product/auction is the price shown as the “Total Price to be paid” on an auction product page. The final price includes shipping and bids made at the auction.

In some cases, the auction price exceeds the Retail Price shown in the PoshBid auction; in such cases you will get 100% off the auction price.

How do I accept my winnings / How do I pay?

At PoshBid.com winners receive invoices for the winnings once a week. Invoices are sent on Monday for previously ended week (MONDAY-SUNDAY).

After the invoice is paid, we will set up shipping for the item won.

If you have won a Gift Certificate from PoshBid.com you will be sent an invoice latest one day after the winning. After the invoice is paid, you will be sent a Discount Code to claim your Bids Won.

Notice! Please make sure, you have entered your shipping address. This is needed for invoices and shipping out your winnings.

The item will not be shipped to the user until the total price has been paid to PoshBid. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. If the user has not paid the total price to be paid within 30 days after receiving the invoice user will not have right for claiming their winnings.

If the user has problems with their payments, they shall contact PoshBid.com support immediately.

PoshBid will usually ship products won in an auction within 3-5 days of receiving the Payment invoiced to the auction winner. However, PoshBid has the right to send the product within 30 days of receiving the Payment invoiced to the auction winner.

How is the product delivered

UNITED STATES OF AMERICA and CANADA

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within the 50 states of the United States (explicity excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the details pages of the auctions in advance.  

Most items can be shipped to Alaska, Hawaii and Canada addresses, except:

- grocery items

- gourmet food items

Additionally, some items from our Tools & Hardware and Outdoor Living stores cannot be shipped to Alaska, Hawaii or Canada if they are extremely heavy, oddly-shaped, or considered hazardous. Check the item's product details page for eligibility and available shipping options. Only specific shipping options may be available for some addresses. Available shipping options will appear at the checkout when you enter a shipping address.

Most items can be shipped to APO/FPO addresses, except:

- cell phones and services

- computers

- furniture

- outdoor living items

Additionally, some apparel, camera and photographic, electronic, health and personal care, house wares, jewelry, software, sports, and tools and hardware items cannot be shipped to APO/FPO addresses. Therefore, we suggest using non-APO/FPO address or after winning from an APO/FPO address, provide us with an address we can send the winning(s) without any limitations.

Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. PoshBid 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 PoshBid upon taking delivery.

Should PoshBid not be able to deliver the item ordered, PoshBid shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user’s preference.

EUROPEAN UNION

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user.

Baby, Beauty, Clothing, DIY & Tools, Electronics, Health (excluding medicine), Home & Garden, Jewellery, Kitchen, Office Products, Shoes, Sports and Watches items:United Kingdom (England, Northern Ireland, Scotland and Wales), Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland (Republic of), Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Mobile Phones and Magazine Subscriptions: United Kingdom (England, Northern Ireland, Scotland and Wales), Estonia, Finland, France, Germany, Latvia, Lithuania and Sweden.

PC & Video Games and Software items and accessories: United Kingdom (England, Northern Ireland, Scotland and Wales), Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland (Republic of), Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Delivery Estimates to Countries in the Europe Shipping Region with Shipping Rates

-Standard shipping 10-30 Business Days (Additional charge $5-10)

-Expedited shipping 10-20 Business Days (Additional charge $6-12)

-Priority shipping 2-4 Business Days (Additional Charge $10-20)

Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. PoshBid 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 PoshBid upon taking delivery.

Should PoshBid not be able to deliver the item ordered, PoshBid shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user’s preference.

Can I return a product or cancel my order?

PoshBid grants winners the right to cancel 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 they are entitled to a refund of the auction end price they have paid in relation to the contract 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 14 days after the day on which a winner received the goods or a notification that the goods are ready for collection.

Audio or video recordings or computer software that the customer has unsealed are not eligible for return or refund.

If a user wishes to cancel the contract, they must inform PoshBid in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.

The following contact details must be used:

Cent Auction Live Ltd (USA)
47-47 36th Street
Suite 23976
Long Island City, NY 11101

Cent Auction Live Ltd (Estonia)
Kõrtsu tee 2
Tabasalu,76901
Harjumaa,
Eesti

General Information: Info@PoshBid.com
Technical Support: Support@PoshBid.com

Skype ID: PoshBid

In order to complete a valid cancellation or return, a user must return the received product or products in an un-used condition with the original package intact. The cost of postage for returns will be paid by the user (unless the goods have been found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.

Should PoshBid 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 remitted by the customer. Sets/boxes can only be returned in their entirety.

Can I offset, withhold payment, or retain title?

The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by PoshBid.

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.

The item delivered shall remain PoshBid’s property until payment in full of the total price has been made, including the 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. PoshBid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

Can I claim for damages, reimbursement of expenses, or a limit on my liability?

Claims for damages by the user against PoshBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.

In particular, PoshBid shall not be liable for the faulty operation of the computer during bid submission or for incorrect or overly slow transmission of bidding data by the internet provider. Should such an event occur, the bidder shall have no legal right to the purchase or receipt of the item.

This shall not apply in the case of damage that is due to deliberate or grossly negligent conduct on the part of PoshBid, its legal representatives, or parties assisting. This shall also not apply if the warranty for an item's features was expressly provided by PoshBid in writing or a defect was fraudulently concealed.

Insofar as PoshBid is insured for its liability for any damage, PoshBid can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.

Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.

Liability for damage arising from loss of life and limb, health, or well-being, and that according to product liability law shall not be affected hereby.

Warranty

All products are sold with the manufacturer's limited warranty only. PoshBid warrants solely that the products sold to the user under these terms shall have the characteristics specified in PoshBid’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. Warranty is excluded for the delivery of any used products.

Service and support for products purchased

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

Processing your personal data

Upon opening a user account, you give PoshBid consent to process, in accordance with the applicable laws of these Terms and Conditions, any information communicated by you.

PoshBid shall use the data collected from you to deliver advertisements and offers to the e-mail address, the Customers fax, telephone, voice mail, and other appropriate means.

PoshBid shall not forward the Customers data to third parties, except in the course of cooperation with third parties for securing and developing the quality and availability of the Services and for collecting debts, including to credit rating agencies, in response to a valid subpoena issued by a court of competent jurisdiction, and to other customers like you who have bid at an auction featured in the Site. 

Intellectual Property

The PoshBid logos are the trademarks of Cent Auction Live, Ltd. and any of its subsidiaries. All rights reserved. All other trademarks appearing on PoshBid are the property of their respective owners.

In the event of a breach of copyright subject to these Conditions, PoshBid may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorney’s fees, and injunctive relief.  

PoshBid advertising and promotional campaigns clause

Products and prices in PoshBid advertisements and promotional campaigns may be different from the actual prices and products, which may vary from auction to auction.

Applicable Law / Severability Clause / Protection of Data

In addition to these Terms and Conditions, the relationship between you and PoshBid shall be governed by the Site price list for Services and the Privacy Policy.

The Terms and Conditions at PoshBid and your use of the website shall be governed by the laws of the United States of America without regard to its conflicts of law in principles.

Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. The UN Convention on the International Sale of Goods shall not apply.

PoshBid can/may stop/pause services in case of an attack to protect the site and its data. Stopped/Paused auctions will be restored and notice will be sent to all customers of PoshBid.

The protection or your data is very important to us, for more information on the collection, processing and use of personal data, please read our Privacy Policy.

Changes
We may amend this Privacy Policy/ Terms and Conditions at any time by posting the amended terms on this site. All amended terms automatically take effect 2 days after they are initially posted on the site.