1. Overview

The following General Terms and Conditions shall apply exclusively to the business relationship between Double Thank You Inc, (here referred to as “Bonbids”) its internet platform www.bonbids.com and our users. By using Bonbids the user accepts the following General Terms and Conditions, as well as the manner in which Bonbids and all of its functionalities including the automatic bidder “Bid for Me” operate as described on the website www.bonbids.com. Variations or alterations in the following Terms and Conditions shall only be binding upon Double Thank You Inc if agreed to in writing.

Any special promotions run by Bonbids shall only be valid if they are announced on the Bonbids website or in its corresponding daily email. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a 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. None of the content on the Bonbids site, including but not limited to the Help Section, is intended to amount to advice on which reliance should be placed. Bonbids disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of any of its contents.

2. Eligibility to Participate / Registration with “Bonbids” / Disqualification

By placing a bid on Bonbids, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. Bonbids products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Bonbids reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time. Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or misinform other users, may not offend common decency or infringe upon the rights of third parties. If Bonbids receives information of a username which is illegal or in breach of these Terms, this username can be amended by Bonbids without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bonbids shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using their user account together with the associated password. Bonbids reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Bonbids, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Bonbids. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, non-payment of items won at an auction, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Bonbids reserves the right to withhold deliveries or refunds for bids. Furthermore, Bonbids reserves the right to limit the number of auctions a user may participate in or the number of successfully finished auctions at its sole discretion.

3. Bids

Bidding rights, so-called “bids”, must be purchased and paid for by users prior to online bidding. Bids are purchased in packs (so-called “Bid packs”) at the currently applicable prices, which can be viewed on www.bonbids.com. Bids can be used and are valid at any auction that is Open on Bonbids. Bids do not expire, are non-refundable for any reason and are not transferable. Bids cannot be redeemed for cash. Once a Bid is placed in an auction, it is deducted from the user’s bid account and can no longer be used.

4. Donation

Each bid pack donates to a Cause. Bonbids donates to the Cause that is featured at the time of purchase of the bid packs. The User cannot change the Cause that will receive the donation amount at any time or for any reason. The Cause receives 10% to 50% of the purchase price of bid packs. The amount of the donation is indicated on the bid purchase page.

5. Emails from Bonbids

By signing up or registering at Bonbids, the User is opting-in to receiving daily emails from Bonbids about its daily auctions. Apart from the daily emails that directly relate to the Bonbids auctions, the user may from time to time receive a Newsletter about upcoming auctions that the User might be interested in. The User can unsubscribe at any time from the Newsletter and continue to use the Bonbids site.

6. Bidding / Use of the Bid for Me

Users can bid in two ways online: bids can be placed by clicking on the relevant bid button or they can be placed automatically by using a Bid for Me.

The Bid for Me assists bidders to bid on an auction even if they are not online at that time. The Bid for Me automatically submits bids according to the specifications set in advance by the user. The user can read about how the Bid for Me operates in the “How Does It Work” section. The user is prohibited from using bidding software not authorized by Bonbids and doing so will result in immediate disqualification from use.

7. How the Auctions Work / Consolation Prizes/ Buy it Now

With each bid placed the price of the item on which the user is bidding increases by the amount specified. A bid submitted by the user constitutes a binding contract with Bonbids to purchase the item at the stated price. Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually 10, 15 or 20 seconds). The auction ends when the remaining time reaches zero. The user who was the last to bid wins the auction. All other bids placed on the item expire and will not be credited back to the user’s account or be eligible for a refund. The last bidder is determined based on the records in Bonbids’ database and Bonbids’ decision regarding who is the last bidder is final.

We do not represent or warrant that your Bid will be timely received or accepted by the Bonbids 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 Bonbids 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 Bonbids.

Bonbids reserves the right to add, reschedule or remove products from the Bonbids website at anytime without notice. An auction is deemed to have closed when the timer on the auctioned item reads “ended”. 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 Bonbids servers.

Each bidder who does not win the auction will receive a Consolation Prize. The Consolation Prize is usually a 50% discount on an item at the merchant’s location. The Consolation prize is delivered to the Bidder’s email address when the auction ends. Only one Consolation prize per bidder per promotion (a promotion is made up of several items up for auction from one merchant to support one cause on one day). The Bidder’s First and Last Name as well as the Bidder’s email address will appear on the Consolation Prize as identifiers that the Merchant can use to cancel out the Consolation Prize when used at their location. We supply the Merchant with the Bidder’s email address to allow them to communicate directly with the bidder about the fulfillment of their Winning Auction or their Consolation Prize if necessary. This does not constitute an opt-in to the Merchant’s mailing list.

Some but not all auctions offer the “Buy it Now” option where the users can purchase the product during the time stated. When a bidder clicks on the “Buy it Now” button, the user agrees to buy the product for the Stated Price. The Stated Price is based on the user’s number of bids placed at that particular auction minus the Donation Amount. Free bids do not count towards the Stated Prize. After buying the product with the Buy it Now option, the user may no longer participate in that particular auction. The final total purchase price (including sales taxes and shipping costs) must be paid in full by the user within 14 days of the Buy it Now option being exercised. If payment is not received within this time, Bonbids is allowed to withdraw from the purchase contract. Refunds will not be issued for Bids placed in an auction or for a Buy it Now that is not exercised.

8. Acceptance of the Win / Payment

After an auction has ended, the last bidder (“winner”) will receive a “You have won”/confirmation email. The user must actively confirm and pay the total price (end price plus shipping costs) for the item by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 20 days of the auction end date, Bonbids reserves the right to withdraw the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive an email confirming delivery. The item will not be sent to the user until the total price has been paid to Bonbids. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. If bids have been purchased but not paid for, any payment received shall be applied as payment towards the amount owing. We reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full.

9. Returns and Cancellations

If, within 14 days of delivery of an item, you decide you no longer want the item, Bonbids will refund the amount that you paid for the item as well as the original delivery costs if any, provided that you have (i) returned the item to Bonbids (ii) the item is still in its original packaging and (iii) the item is not damaged or used. Returns or refunds must be first initiated by contacting the Bonbid customer service team in writing (by letter or email) within the 14 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 Bonbids 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 Bonbids on the Bonbids site. Such items are not eligible for return or refund.

The following contact details must be used, cancellations by phone will not be accepted:

Double Thank You, Inc., 5 Nine Gates Road, Chadds Ford, PA 19317 info@bonbids.com

Costs of postage for returns will be paid by the user (unless goods are found to be faulty).

10. Delivery

Unless otherwise stated, delivery will be made directly from our third party suppliers to the address provided by the user. Deliveries are made solely within the 50 states of the United States (explicitly 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 detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Bonbids 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 Bonbids upon taking delivery. Should Bonbids not be able to deliver the item ordered, Bonbids 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.

11. 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.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BONBIDS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER BONBIDS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BONBIDS, ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OF BONBIDS, ITS AFFILIATES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BONBIDS ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, BONBIDS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.

12. Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, BONBIDS, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR GOODWILL, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO BONBIDS FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO BONBIDS IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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 10 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.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Bonbids, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 12, Bonbids shall not be liable for any damage whatsoever incurred by auction users or third parties from using Bonbids’ services. In particular, Bonbids shall not be liable for damage that occurs due to bids submitted by auction users not being received by Bonbids or not being received promptly or not being considered, as a consequence of technical faults.

14. Trademarks

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 Bonbids 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 Bonbids and protected by U.S. and international copyright laws. All software used on this site is the property of Bonbids or its software suppliers/licensors and may be protected by United States and international copyright laws.

Bonbids graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, service marks or trade dress of Bonbids in the U.S. and/or other countries. Bonbids trademarks and trade dress may not be used in connection with any product or service that is not Bonbids, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bonbids. All other trademarks not owned by Bonbids that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by bonbids. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark.

One or more patents applications owned by Bonbids may apply to this site and to the features and services accessible via the site.

15. Service and Support for Products or Services Purchased

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

16. Applicable Law / Severability Clause

This Terms of Use Agreement and your use of the website shall be governed by the laws of the State of Delaware. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.

17. 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

18. External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, 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 hereby expressly distance ourselves from all content of any and all websites linked to the Bonbids website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

19. General

The contract between Bonbids and users is binding on the parties and on their respective successors and assignees. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Bonbids’ prior written consent. Bonbids has the right to revise and amend these General Terms and Conditions from time to time at its absolute discretion but for reasons including but not limited to changes in market conditions affecting Bonbids’ business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Bonbids’ system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Bonbids website. Bonbids is the owner or licensee of all intellectual property rights on the Bonbids website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Bonbids website for commercial purposes.

This Agreement and any operating rules for Bonbids established by Bonbids constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Delaware. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.