Terms and Conditions

Terms and Conditions

General / Overview

The following Terms & Conditions shall apply to the relationship between HappyBids Holdings LLC, all subsidiaries of HappyBids LLC, www.happybids.com ("HappyBids"), and the end user ("You" or "Your"). By using HappyBids' services, you accept the following Terms and Conditions, as well as the manner in which HappyBids operates. These Terms & Conditions constitute the entire agreement between HappyBids and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and HappyBids with respect of your use of HappyBids.

Information on HappyBids, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. HappyBids 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.

HappyBids will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.

HappyBids reserves the right to change these Terms & Conditions at any time without notice to you. Consequently, you should review these Terms & Conditions for changes each time you visit HappyBids. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at  support@happybids.com.

Acceptance of Terms & Conditions

By accepting the Terms & Conditions and/or registering with HappyBids, You confirm that you are eligible (as specified in the "Eligibility" section) to use HappyBids. If you do not agree to the Terms & Conditions, do not use HappyBids. If you access, use, or download in any way, any service from HappyBids, You agree to and are bound by these Terms & Conditions.

Eligibility

By accepting the Terms & Conditions and/or registering with HappyBids, You confirm that you are at least 18 years of age and therefore can engage in a binding contract. By using HappyBids, 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 HappyBids, You agree to and are bound by these Terms & Conditions.

You must reside in the 50 states of the United States (excluding the U.S. sovereign territories including, Guam, Puerto Rico and the U.S. Virgin Islands).

HappyBids employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in HappyBids auctions.

HappyBids products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

HappyBids reserves the right to limit the number of user accounts per household and the number of won auctions per user account. (Exceptions may apply - contact support for any questions). HappyBids will not allow a single credit card to be used in conjunction with multiple user accounts. The number of auctions that a single user account can win in a 28 day period to a maximum of eight, excluding bid voucher auctions. In addition, a single user account may only win or be winning a maximum of three auctions per 24 hour period. HappyBids also limits the number of times a user account can win an item over $285 in value during a 28 day period to one. In addition, a user account may only win one item over $999.99 in a 28 day period.

Registering

You can only register once and you must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). In addition, you must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging or intended to deceive or mislead other HappyBids users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If HappyBids receives information that your username is illegal or in breach of these Terms & Conditions, Your user account may be frozen until you change the username or HappyBids may choose to permanently close your account without prior notice. You are responsible for keeping your user account password confidential. HappyBids will never ask for Your password apart from login, nor should it ever be provided to anyone, including HappyBids' employees. User accounts are non-transferable. You agree that your user account may be used only by you and not by anyone else. Any abuse of user accounts shall result in the termination of the user. In general, you agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Referrals

You may refer friends to HappyBids using the form on the HappyBids website. HappyBids offers free bids to any user who refers new users that purchase a bid pack. HappyBids reserves the right to review each referral for possible fraud. You cannot refer pets.  Any abuse of the referral system will result in the deduction of bids awarded and/or the termination of the users account.

Account Termination

TERMINATION BY YOU: You have the right to terminate your account at any time. You may do so either by not returning or by closing your account in accordance with HappyBids standard procedure.

TERMINATION BY HAPPYBIDS: HappyBids reserves the right to temporarily or permanently terminate your account at its sole discretion if it determines you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if HappyBids suspects fraudulent account activity or behavior. You agree that if HappyBids, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, HappyBids may withhold, cancel or otherwise retain any and all of your pending deliveries and/or refunds for bids.

Bidding / Bid Purchases / Happy Trigger

You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Happy Trigger function. Happy Trigger is an automated feature which lets you bid on an auction even when you are not online or logged in. Happy Trigger automatically places bids according to your instructions. You can read about how the Happy Trigger operates in the "Help" section.

HappyBids reserves the right to offer different size Bid Packs at different times. Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are refundable. Should you not honor a payment, you will be charged a returned payment fee. HappyBids 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 expire after six (6) months. The expiration of Bid Vouchers varies based on type. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.

A maximum of 20 seconds will be added to the timer and one bid will be deducted from your account with each bid placed. An auction ends when the timer on the HappyBids server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the HappyBids server(s) hit zero.

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on HappyBids 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.

Acceptance of the Win / Payment

After an auction has ended, you must actively confirm and pay the total price for the won auction. Once you have 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, Happy Bids reserves the right to withdraw the bid permanently and revoke winner’s rights on future auctions. All bids placed in that auction expire and are non-refundable. After confirming the win an invoice containing the total price will be sent and after paying the total amount due, item will be shipped.

Special Promotions

Any special promotions run by HappyBids shall only be valid if they are announced on HappyBids or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on HappyBids or in our newsletter. 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.

HappyBids reserves the right to show additional and/or different auctions to you at HappyBids’ sole discretion.

Returns / Cancellations

HappyBids allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the the auction has finished. If you cancel the opportunity to purchase your item to which the cancellation provisions apply, you are entitled to a refund of the auction end price (including shipping costs) you have paid even if the goods are not defective in any way. However, 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. If you are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, you are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.

If you wish to cancel the a purchase you must inform HappyBids by email that you want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used:

support@happybids.com

In order to complete a cancellation or return, you must return the received product or products in new condition. Shipping expenses for returns will be paid by you (unless goods are found to be defective).

Should HappyBids not be able to deliver the product ordered or the product won, HappyBids shall be entitled to substitute the item with an equivalent product acceptable to both HappyBids and You, or provide a refund of the auction end price?

Delivery

Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories including 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. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by you. Delivery times vary obvious damage to the item from transport or packaging damaged during transport is to be reported to Happy Bids upon receipt. If there is damage to any item that has been delivered, Happy Bids will open a support ticket and attempt to resolve it immediately. .

Disclaimer of Warranty and Liability Regarding Use of HappyBids

YOUR USE OF HAPPYBIDS IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY HAPPY BIDS LLC.

HAPPYBIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF HAPPYBIDS, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF HAPPYBIDS, 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, HAPPYBIDS 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.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAPPYBIDS 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.

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.YOU NEED TO CHECK THE LAWS IN YOUR AREA TO FIND OUT.

If you are dissatisfied with any portion of HappyBids, You should discontinue your use of HappyBids.

Disclaimer of Warranty and Liability Regarding Purchases from HappyBids

HappyBids LLC hereby disclaim any and all liability from claims arising from trip packages offered on the HappyBids site. HappyBids will not be liable for any damages or injuries, whether physical or emotional, that occurs or is received during a trip purchased on the HappyBids site. HappyBids is not liable for flight delays, loss of baggage or other losses that occur during a trip offered on the HappyBids site.

All new products are sold with the manufacturer's limited warranty only. HappyBids warrants solely that the products sold to you under these terms shall have the characteristics specified in HappyBids 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 HappyBids or you can obtain warranty information by contacting the manufacturer.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, HAPPYBIDS MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY HAPPYBIDS OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT HAPPYBIDS SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, AND MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY HAPPYBIDS.

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 temporarily paused auctions will be credited back to your account; if the customer is still logged on and has knowledge an outage has occurred after placing a bid, the customer should check back regularly to see if rebidding is available to be able to rebid. If an outage occurs after the customer signs out and the bid is credited back and they do not win the bid because of an outage, Happy Bids is not liable and not responsible for any other costs incurred by You due to a system outage. HappyBids 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. HappyBids, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, HappyBids shall not be liable for any damage incurred by auction users or third parties from using HappyBids services. In particular, HappyBids shall not be liable for damage that occurs due to bids not being received by HappyBids, not being received promptly, or not being considered as a consequence of technical errors.

Trademarks

HappyBids logos are trademarks of HappyBids, LLC. All rights reserved. Any trademarks appearing on HappyBids are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on HappyBids 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 HappyBids shall be governed by the laws of the United States of America and the State of Oklahoma 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 Michigan.

You are subject to the laws of the Jurisdiction in which you reside and/or from which you access HappyBids 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 HappyBids 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 HappyBids 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 Policy.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. 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 you and HappyBids 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 by HappyBids of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by HappyBids.

Note:

Placing bids online at www.Happybids.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.