Keep it Real's
These Terms and Conditions, and all policies posted on our site set out the terms on which Best in the World Auctions offers you access to and use of our site. You agree to comply with all Rules and Regulations when accessing and using our Website.
The entity you are contracting with is Best in the World Auctions, 470 Stanton St, Wilkes-Barre Pa. 18702.
These Terms and Conditions are effective upon acceptance for users who accept it through registration of a Best in the World Auctions account.
About Best in the World Auctions
Best in the World Auctions is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. As a marketplace, BITWA does not own or sell the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. BITWA is not a traditional auctioneer.
While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, BITWA has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
While using or accessing the Services we provide you will not:
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may suspend or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account or take technical and legal steps to keep you from using our Services if:
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Website. We reserve the right to alter or change our fees from time to time by posting the changes on our site 7 days in advance, but with no advance notice required for temporary promotions.
You must have a payment method on file when selling on BITWA and pay all fees and applicable taxes associated with our Services by the payment due date. 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. In addition, you will be subject to late fees. BITWA, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information a collection agency reported to a credit bureau regarding your BITWA account, you must contact the collection agency directly.
Return Policy: Seller's should accept returns of merchandise within 14 days of receiving the item.
If an item has been received not as described, please send a message so a solution can be worked out.
**Please note: Items sold as "New In Box" that are in factory sealed packages are not returnable once they have been opened. Unless the seller's policy is different than this default policy**
When listing an item, you agree to comply with the listing rules and selling rules:
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to the rules for buyers and that:
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
You may list your items directly BITWA
When providing us with content or posting content using BITWA Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Service, and our use of such content (including of works derived from it) in connection with the Service.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
We try to keep our Service safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in BITWA applications may not occur in real time. Such functionality is subject to delays beyond BITWA control.
You agree that you are making use of our Service at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold BITWA responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of BITWA's Services or your breach of any law or the rights of a third party.
You and BITWA agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the BITWA Terms and Conditions your use of or access to BITWA’s site. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern the Terms and Conditions and any claim or dispute that has arisen or may arise between you and BITWA , except as otherwise stated in the Terms and Conditions.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
BITWA 's Counterfeit program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us.