Terms of Service

 

 

BY USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Any person who wishes to access the Website to buy bids or participate in auctions must accept the terms and conditions of this Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY REGISTERING FOR AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. Penny Purses reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Website, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Website. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at [http://www.pennypurses.com/page/terms-of-service.] YOUR CONTINUED USE OF THE WEBSITE FOLLOWING POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE WEBSITE.

 

People interested in bidding for purses on the Website must first register on the Website and obtain a user account. After registration, users purchase bids which are used to bid on the purses being auctioned. When a bid is placed two things happen: (1) the purchase price of the purse being auctioned increases by $.01 and (2) ten seconds is added to the auction timer. The user placing the last bid before the auction timer reaches zero wins the auction. All bids placed during any auction expire and are not credited back to user accounts or subject to refund for any reason. The last bidder is determined based solely on the records in Penny Purses’ database and Penny Purses’ decision regarding who is the last bidder shall be final.Each bid you place constitutes: (i) your intention to enter into a binding contract with Penny Purses on winning the auction and (2) a claim by you to receive a purchase offer for the purse auctioned under the conditions set out in the auction. A contract to purchase any purse auctioned on the Website does not come into effect until the auction is finished and the winning bidder has confirmed the purchase terms.After an auction has ended, the last bidder (“winner”) must login to their user account. Penny Purses will post an invoice to the winner’s user account which will include information such as total price (including shipping costs) and payment options. The winner must actively confirm the purchase terms and pay the total purchase price. Once the winner has clicked on the confirmation button, the win is accepted. If an auction win has not been accepted and paid in full within 21 days of the auction end date, Penny Purses reserves the right to withdraw the offer and the winner’s right to pay for and receive delivery of an item will be permanently revoked. All bids placed in any such auction remain non-refundable.After the win has been accepted and the winner has paid the total purchase price for the purse, the winner will receive confirmation of payment and shipment. No purse will be sent to the winner until: (1) the total purchase price and (2) the purchase price for any bid used to win the auction, have been received by Penny Purses. In the event bids used to win an auction have not been paid in full by the end of an auction, Penny Purses shall have the right to allocate payments received from a winning user first to pay the purchase price for such bids. In addition, Penny Purses shall hold shipment on any purse until all bids and the total purchase price have been paid for in full. Penny Purses reserves the right to charge the winner reasonable storage charges on any purses won but not paid for in full within the 21 day period indicated above.

 

Anyone may view our Website at any time. However, purchasing bids and participating in auctions are limited to persons who have registered on the Website  and who can enter into and form contracts under applicable law. Persons under the age of 18 or who are otherwise unable to legally form contracts, are prohibited from purchasing bids or participating in auctions on the Website. Each user that purchases or places bids on our Website hereby represents to Penny Purses that the user is at least 18 years old and is otherwise able to enter into and form binding contracts under applicable law.  Employees and relatives of employees of Penny Purses and commercial resellers are prohibited from purchasing or placing bids on the Website under any circumstances. Any bids purchased or placed by minors or such employees, or their relatives, or commercial resellers will be deemed null and void.

 

During the registration process, you will choose a username. The username you choose may not be offensive, deceptive, or infringe upon the rights of third parties. Penny Purses reserves the right to revise or delete any username which is offensive, deceptive, infringes on the rights of others or is illegal in the sole and absolute discretion of Penny Purses.  You will also be required to choose a password. You must keep your password confidential. Do not provide your password to anyone else. User accounts created during registration are non-transferable. The user account may be used only by the registered user and not by anyone else.  Each user may register only once using their postal address (registration using P.O. Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.   Any abuse of the user account may result in the permanent or temporary disqualification of the user, to the degree applicable, the reporting of a crime, and/or the disabling of a user account, all in Penny Purses sole discretion. Each user is liable for all activities that are undertaken using their user account and/or user password. Penny Purses reserves the right to temporarily or permanently disqualify a user, disable user accounts, withhold deliveries, and/or withhold refunds for bids or items purchased at any time in Penny Purses’ sole discretion when: (1) the user has violated any laws, (2) the user has or is likely to violate the rights of third parties, the rights of other users, or the rights of Penny Purses, (3) the user has not paid for bids or purses as required, (4) the user is suspected of using third-party bidding software, (5) the user is suspected of setting up or using multiple user accounts, (6) such action will prevent the manipulation of the Website.

 

Bids must be purchased on the Website and are required to participate in auctions. Bids can be purchased in packages at the currently applicable prices, which can be viewed on the Website. Payment for bids may be made by credit card or through PayPal.  A returned payment fee will be charged to each user in the event a payment is not honored. The user will be responsible for payment of all returned payment fees prior to the shipment of any purchases.  Penny Purses reserves the right to block access to the user’s account, disqualify a user, withhold the shipment of items purchased, until such time as payment in full of all bids purchased including any fees due to returned payment.  When a bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded. Refunds will not be issued for bids placed in an auction for any reason.

 

All bids purchased are credited to the user’s bid account. Users may use the bids in their bid account to bid on purses being auctioned. Bids are placed by clicking on the bid buttons displayed on the Website. Once a bid is placed, it is deducted from the user’s bid account and is non-refundable. Each time a bid is placed the purchase price of the purse being auctioned is increased by $.01 and ten seconds is added to the auction timer. When the auction timer reaches zero, the user who placed the last bid wins the auction.  Users are strictly prohibited from using automatic bidding software. Any user suspected of using automatic bidding software may be disqualified and have their user account disabled.  Penny Purses reserves the right to limit the number of auctions a user may actively participate in at one time.

 

Penny Purses will deliver via email to each winning bidder a purchase offer for the purse auctioned in the auction such bidder has won. The purchase offer will set forth the terms and conditions of the purchase of the purse on the terms indicted in the auction.  A contract to purchase any purse does not come into effect until (1) a user wins an auction, (2) Penny Purses delivers the purchase offer to the winning user, and (3) the winning user confirms and accepts the purchase offer.  Users are required to confirm and pay for all items won in auctions within 21 days of the auction end date. To confirm and accept a purchase offer, users must login to their user account, review the purchase offer terms and click on the confirmation button. Immediately upon confirming and accepting the purchase offer, the winning user is required to pay the full purchase price for the purse.

Purchase offers not confirmed and accepted within the 21 day period indicated above are automatically withdrawn and the winning bidder’s claim to the purchase offer is automatically and permanently revoked. All bids placed in an auction which is later revoked remain non-refundable.

 

The purchase offer will include the full purchase price, the shipping costs and the payment options for each item won at auction.  Immediately after accepting the purchase offer, the winner is required to pay the total purchase price. If an auction win has not been paid within 21 days of the auction end date, the winning bidder’s right to purchase the item auctioned is withdrawn and the winning bidder’s right to purchase the item is permanently revoked.  After the purchase offer has been accepted and the winner has paid the total purchase price, the winner will receive confirmation of payment and shipping information from Penny Purses by e-mail (at the e-mail address designated by the user during registration). No merchandise will be shipped until the total purchase price and the purchase price for any bid used to win the auction have been received by Penny Purses.  In the event bids used to win an auction have not been paid for prior to the win, Penny Purses reserves the right to allocate any payments received from the winner first to pay the purchase price for such bids. In addition, Penny Purses reserves the right to retain the merchandise until the purchase price for all bids and the merchandise have been paid for in full. Penny Purses reserves the right to charge the winning user reasonable storage charges on any purses won but not paid for in full prior to the 21 day period indicated above.

 

Unless otherwise stated, delivery will be made directly from our warehouse 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. Penny Purses shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to merchandise from transport or packaging damaged during transport is to be reported to Penny Purses upon taking delivery. Should Penny Purses not be able to deliver the merchandise ordered, Penny Purses shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the total purchase price to the user.

 

Winning bidders have the right to cancel an order and return merchandise for a period of 14 days from receipt of the merchandise.  Returns are only accepted if the merchandise is as-new condition.  If a user decides to cancel an order they must inform Penny Purses in writing of their decision to cancel within the 14 day time period indicated above. The following information must be included in all cancellation notices: User Name, Auction ID and reason for cancellation.  If a user decides to cancel an order and provides Penny Purses written notice of their intent to cancel in the time period provided, they are entitled to a refund of the total purchase price paid on such merchandise less shipping costs. Bids placed on the auction are not eligible for a refund for any reason.  Any merchandise received by a user must be returned to Penny Purses in new condition. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the merchandise received or only able to return it in part or only in a depreciated condition, the user will be responsible for such shortages and the amount refundable will be reduced proportionally. Should Penny Purses incur additional costs for insufficient postage on the return such costs will be deducted from any payment refundable to the user.

 

Any special promotions run by Penny Purses shall only be valid if they are announced on the Website or in any written correspondence and only the terms and conditions contained in such announcement or correspondence including without limitation any time limits for such promotions. Any special promotions with advertised time limits will not be valid at the expiration of such time limit.

 

Any advice provided by Penny Purses posted on the Website are provided solely as suggestions and are not intended to be relied upon. Penny Purses is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice.

 

USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK. NEITHER PENNY PURSES, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, PENNY PURSES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PENNY PURSES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PENNY PURSES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. IN NO EVENT WILL PENNY PURSES OR ANY PERSON OR ENTITY INVOLVED IN THE USE OF THE WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PENNY PURSES NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ON THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, PENNY PURSES, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

 

All new products are sold with the manufacturer's limited warranty only. Penny Purses warrants solely that the products sold to users under these terms shall have the characteristics specified in Penny Purses’ 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 Penny Purses.  EXCEPT FOR THE WARRANTIES SET FORTH ABOVE PENNY PURSES MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY PENNY PURSES OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. PENNY PURSES SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY PENNY PURSES. IN NO EVENT SHALL PENNY PURSES BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

 

If a system outage has occurred on the Website, auctions will be temporarily halted and the remaining times for the auctions, the current purchase price and the last bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the auction timers. Bids placed on a temporarily halted auction shall not be credited back to the user’s bid account and are not eligible for a refund.

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”). Penny Purses, provides no guarantee for the constant and uninterrupted availability of the Website. Penny Purses shall not be liable for any damages that occur as a result of bids not being received by Penny Purses, bids not being received promptly, or bids not being considered, as a result of technical issues or system interruptions.

 

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Penny Purses. All Trademarks not owned by Penny Purses that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Penny Purses or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

 

In the course of your use of the Website, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Penny Purses’ information collection and use policies with respect to the privacy of such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

 

These Terms and Conditions and your use of Penny Purses shall be governed by the laws of the United States of America and the State of Florida without regard to its conflicts of laws principles. Any legal action or proceeding related to Penny Purses shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. The UN Convention on the International Sale of Goods shall not apply.

 

You may be able to link from the Website to third party web sites and third party web sites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. The inclusion of any link to such sites on our Website does not imply Penny Purses’ endorsement, sponsorship, or recommendation of that site. Penny Purses disclaims any liability for links (1) from another web site to this Website and (2) to another web site from this Website. Penny Purses does not represent or warrant that the content of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Penny Purses is not responsible for or any form of transmission received from any linked web site. Any reliance on the content of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

 

Penny Purses may discontinue or change the Website, or its availability to any user, at any time in Penny Purses’ sole discretion. Penny Purses may also modify any of the terms and conditions contained in this Agreement, at any time and at Penny Purses’ sole discretion, by either posting a change notice or a new agreement on the Website or by giving users notice by e-mail. IF ANY MODIFICATION IS UNACCEPTABLE TO USERS, USERS ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Users continued use of the Website following posting of a change notice or new agreement on the Website or by giving other notice will constitute binding acceptance of the change.

 

Penny Purses is the owner or licensee of all intellectual property rights displayed on or incorporated in the 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 Penny Purses for commercial purposes.  This Agreement and any policies referred to herein 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.  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.

 

We would like to advise all users to monitor their bidding practices. Placing bids online at www.pennypurses.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.