Terms & Conditions
The following Terms and Conditions shall apply exclusively to the business relationship between Razzle Enterprises, LLC (“HappyBidDay”) and its auction site accessible at the URL www.HappyBidDay.com® and from all other Razzle Enterprises branded websites (the “Site”), and its users ("User"). Use of the Site is provided only to Users who are at least 18 years old. By using the Site, the User agrees and accepts the following Terms and Conditions, which may be modified by HappyBidDay at anytime without prior notice to you. You accept the following Terms and Conditions, as well as the manner in which HappyBidDay operates. These Terms & Conditions constitute the entire agreement between HappyBidDay and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and HappyBidDay with respect of your use of the Site. The User Agreement constitutes a legally binding agreement between you and HappyBidDay. Content and Information on the Site are not intend to amount to advice and are not intended as rules or guidelines. HappyBidDay disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to our site or by anyone who may be informed of its content.
2. PARTICIPATION AND DISQUALIFICATION
Employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not participate in HappyBidDay auctions. Each User may register only once using their postal address. Products shall be shipped to users address only. Registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user account per household is permitted. The User shall be liable for all activities that are undertaken using the user account along with password. Users are responsible for ensuring that their account is secure by using a strong password and by not sharing that password with anyone. HappyBidDay shall not be responsible for lost passwords and consequences thereof. Users need to log out off their Account after they are done using it. You may not register or use HappyBidDay if you are under 18 years old (or the majority in his her jurisdiction).
During the registration process, the User must choose a username. The username must not be offensive, may not offend common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. HappyBidDay reserves the right, at its sole discretion to review and change usernames at any time. Accounts are not transferable and/or assignable. The account may be used only by the User and not by anyone else. Any abuse will result in the disqualification of the User and the termination of the account without prior notice. Any illegal activity conducted on the Site will be reported to the proper authorities and all information shall be forwarded to said authorities. Using multiple accounts to bypass limits or gain benefit of one-time offers is prohibited. Collusion between users is prohibited. Users bidding from same location/IP address is prohibited. HappyBidDay reserves the right to temporarily or permanently disqualify a User, or disable their account at any time, for any reason or no reason, with or without notice. In case of a breach of these Terms or any other laws/regulations, HappyBidDay reserves the right to withhold deliveries or refunds for bids without exception. If HappyBidDay terminates your Account for any reason other than your violation of these Terms and Conditions, the Website rules and regulations, and/or your violation of law, then HappyBidDay shall return to you the balance of any unused purchased and paid bids. Furthermore, Happybidday reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of successfully finished auctions.
3. PURCHASING BIDS - REWARD PROGRAM BIDS
In order to take part in an auction, the User must have bidding rights ("Bid Credit") in his account. Bid Credits must be purchased and paid for by Users prior to online bidding or may be credited to an Account by HappyBidDay. Bids are not transferable and/or assignable. Payment can be made by credit/debit card or via other payment agents as provided on the website. Should a payment not be honored for a User, a returned payment fee of $75 will be charged to the user, which is a fair approximation of HappyBidDay’s cost and expense of such return. HappyBidDay reserves the right to block access to the Account until all payment obligations are met, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full. HappyBidDay also reserves the right to limit the total amount a customer can spend on bid packages and the total number of bids accumulated in User's account.
4. BID EXPIRATION
Penny Bids held in user accounts must be used within 6 months from the day that the bids have entered the account through purchase, item exchange, buy it, or auction win. If the bids have not been used within that time, they will expire and be permanently removed from the account.
5. HOW TO PLACE A BID
A bid ("Bid") is an entry in an auction placed at a specific time for a particular price. Users can bid in two ways. A Bid can be submitted by physically clicking on the "Bid" button, or the BidRunner can be used to automatically place bids on the User's behalf. Bidders are responsible for all submitted bids. Once a bid is submitted it is permanently deducted from the Bid Credit balance in the Account. HappyBidDay has an automated bid placing system ("BidRunner") in place which allows Users to place bids on their behalf. The BidRunner feature allows a User to place Bids on an auction even if they are not online at that time. The BidRunner automatically submits bids according to the specifications set in advance by the User. The User has to specify a minimum price, maximum price, and the maximum number of bids for a BidRunner. The BidRunner places bids regardless of whether the User is interacting with The Site. More information about the specific functions of the BidRunner is available in the help section of the Site.
The user is prohibited from using bidding software not authorized by HappyBidDay. Doing so will constitute a Breach subjecting the user to immediate disqualification without a refund from HappyBidDay’s site and services.
6. HOW AUCTIONS WORK
Upon a user placing a Bid in an active Auction, the price of that product for that auction will increase between $0.01 - $0.10 for one cent auctions and up to $0.42 for happy auctions. The end time of the auction will be extended by either 10, 20 or 30 second intervals extending the auction timer. Each Bid submitted by the User constitutes an irrevocable offer from that User to HappyBidDay to conclude a contract to purchase the item.
The User who was the last to submit a valid bid before the auction end time has passed ("Winning Bidder") wins the auction. The Winning Bidder is determined based on the records in HappyBidDay's database and the determination of HappyBidDay regarding who is the last bidder shall be final. The Bid will be recorded in HappyBidDay's database at the time and in the order as it arrives on HappyBidDay's server(s). Bids arriving on HappyBidDay's server after the auction end time will be considered late, regardless at which time the bids were initiated in the client's web browser. All bids placed by Users, or HappyBidDay on behalf of the User, on the auction are non-refundable.
7. BUY NOW OPTION
Auctions may offer a "Buy It" feature. "Buy It" will allow a non-winner to purchase an auction for the listed retail value in the auction box or on the product page and receive their spent bids back for that auction, excluding Bids Back Guarantee bids. "Buy It" will be offered once the auction ends. Users have 3 days from auction end time to make the purcahse after which the option to "Buy It" will be permanently revoked. The User agrees and acknowledges that the Buy It Price shall not be the same as the final auction price and commits to purchasing the item at the "Buy It"Price. The User agrees and acknowledges that once the Buy Now option has been selected he/she shall be responsible for purchasing the item at the Buy Now Price and will be charged accordingly. All items purchased through the "Buy It" feature are considered final sale and such items cannot be returned once they are shipped.
Should HappyBidDay not be able to deliver the product purchased for any reason, at it's sole discretion HappyBidDay is entitled to substitute the product with a comparable replacement product with same or better features or provide a refund of the purchase price (plus any shipping charges and taxes paid). HappyBidDay may also choose to replace the item ordered with a gift card equal to the value of the product.
8. WIN LIMITS
Regular Auctions - One person is limited to winning two (2) auctions per day, six (6) auctions per week and a total of 25 auctions per month, unless otherwise stated. After a person has reached their win limit they will not be allowed to place any more manual bids or add BidRunner bids to any regular auctions.
Happy Auctions - One person is limited to winning two (2) auctions per day, seven (7) auctions per week and a total of 25 auctions per month, unless otherwise stated. *Restrictions apply to new users (1) per day, (3) first week. After a person has reached their win limit they will not be allowed to place any more manual bids to any happy auctions.
In addition, certain products also have their own limits based on a category group they belong to. Please visit our help section "what are win limits".
A week is defined to start at midnight on Sunday and ends at 11:59 PM on Saturday night. HappyBidDay reserves the right to change the won-auction limit at any time without prior notice.
Unless otherwise stated, all fees and prices are quoted in U.S. Dollars. International processors may be used to complete payment transactions. You are responsible for paying all fees and applicable taxes associated with products or our sites and services in a timely manner with a valid payment method. 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, and retaining collection agencies and legal counsel.) HappyBidDay reserves the right to withhold any outstanding deliveries and block your access to your account until payment in full of any amounts owed are received in full.
After an auction has ended, the last bidder (the "winner") must go to "Won Auctions", located in "My Account" or another webpage if so indicated. Here, information on total price (including shipping cost, taxes etc.) and payment options will be displayed. The user pays the total price for the win by following the steps indicated on that page. If an auction win has not been purchased within 72 hours of the auction end time, HappyBidDay reserves the right to withdraw the offer to conclude a purchase contract and your right to pay for and receive delivery of the auction item will be revoked. No auctions items will be delivered. Any bids placed for that auction are considered used and are not refundable.
Publicity: HappyBidDay reserves the right to publish the name, region addresses, photograph and testimonials of any winners. This rule is one of the conditions of participating on the Website, which allows HappyBidDay to provide the public with proof of the auctions won by users. The information gathered may be used for but not limited to press releases, media advertising, social media networks, commercials including but not limited to television, radio, as well as on the Website.
All items purchased from HappyBidDay are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the item by HappyBidDay to the carrier. Unless otherwise stated, delivery will be made directly from our warehouse or third party vendor to the shipping address provided by you. Deliveries are made solely within Canada and the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam 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. You acknowledge that delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Please contact our service department at Support@HappyBidDay.com if an item is not delivered within the indicated time so that we can work with you to address the issue. HappyBidDay 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 HappyBidDay upon taking delivery. Should HappyBidDay not be able to deliver the product purchased for any reason, at its sole discretion HappyBidDay is entitled to substitute the product with a comparable replacement product with the same or better features or provide a refund of the auction end price (plus any shipping charges and taxes paid). HappyBidDay may also choose to replace the item ordered with a gift card equal to the value of the product. For more information in payment and acceptance of wins, please see the applicable topics in the “Help” Section of the HappyBidDay site.
11. RETURNS AND CANCELLATIONS
The User has the right to cancel an item order before it has been shipped and to receive a refund of the final auction purchase price, shipping and handling, and taxes paid by the User. All items purchased through the "Buy It" feature are considered final sale and such items cannot be returned once they are shipped. After an item order has been canceled, the User forfeits their right to purchase the item. An item order can be canceled by contacting support at support@HappyBidDay.com. If within 14 days of delivery of an item, you decide you no longer want the item, HappyBidDay will refund you with the amount that you paid for the item as well as original delivery costs, provided that you have (I) returned the item to HappyBidDay, (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 HappyBidDay customer service team in writing (by letter or email) within the 14 day period in order to be executed. Please note that all "Buy It" products are final and cannot be canceled once the item is shipped. We cannot offer you a refund on the cost of the Bids that you placed on that auction or the return shipping cost. Should HappyBidDay 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, custom orders and other items noted by HappyBidDay on the Site. Such items are not eligible for return or refund.The following contact details must be used: Razzle Enterprises, LLC, 9000 Burma Road, Suite 106, Palm Beach Gardens, FL 33403
12. RENTENTION OF TITLE
The item delivered shall remain property of HappyBidDay until payment is received in full of the total price, shipping and handling, and any applicable taxes, including for the bids used in the auction.
13. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABLITY REGARDING PURCHASES
All new products are sold with the manufacturer's limited warranty only. HappyBidDay warrants solely that the products sold to User under these terms shall have the characteristics specified in HappyBidDay'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. The full text of any such warranty is available, free of charge, upon written request mailed to HappyBidDay. Warranty is excluded for the delivery of any used Products and bid Packs. 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 HAPPYBIDDAY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER HAPPYBIDDAY, 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, HAPPYBIDDAY, 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 . HAPPYBIDDAY, 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 HAPPYBIDDAY ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, HAPPYBIDDAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT.
14. LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, HAPPYBIDDAY, 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 HAPPYBIDDAY 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 HAPPYBIDDAY 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.
15. 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 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 a temporarily paused auctions will be credited back to Your account; however, HappyBidDay is not responsible for any other costs incurred by You due to a system outage. HappyBidDay 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. HappyBidDay, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, HappyBidDay shall not be liable for any damage incurred by auction users or third parties from using HappyBidDay’s services. In particular, HappyBidDay shall not be liable for damage that occurs due to bids not being received by HappyBidDay, not being received promptly, or not being considered as a consequence of technical errors.
16. CHARGEBACK PROCEDURE
HappyBidDay, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately.
All chargeback’s are taken seriously and will be investigated. If a chargeback is made for a valid payment to HappyBidDay, the chargeback will be reported and vigorously to approporate authorities and disputed. Each
The mark HappyBidDay.com™ and HappyBidDay's logos and design marks are trademarks of HappyBidDay, or one of its subsidiaries or affiliates. All rights with respect to those marks are reserved. All other trademarks appearing on the Website are the property of their respective owners. HappyBidDay claims copyrights in all content of this site.
18. 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.
19. APPLICABLE LAW
21. ACCEPTANCE OF TERMS AND CONDITIONS
By registering an Account on the Site and logging in it will be deemed that the User has fully read and accepted all the Terms and Conditions.
HappyBidDay reserves the right to amend the Terms and Conditions at any time without prior notice to you.
It is User's responsibility to ensure all your details are up to date at all times. HappyBidDay will not be held responsible for any User not receiving notifications for out of date records held for the User in our database.
23. CHILDREN’S ONLINE PRIVACY PROTECTION ACT
HappyBidDay does not intend to market any products or services to children. HappyBidDay does not knowingly gather or solicit data from children through the Site and by using the Site you represent that you are at least 18 years of age.
24. EXTERNAL LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
The contract between HappyBidDay and Users is binding on the parties and on their respective successors and assigns. The User may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without prior written consent from HappyBidDay. HappyBidDay has the right to revise and amend these Terms and Conditions in its absolute discretion. All Users will be subject to the policies and terms and conditions in force at the time that they have successfully bid on auctions listed on the Site, unless any change to such policies or terms and conditions is required to be made by law or governmental authority. HappyBidDay is the owner or licensee of all intellectual property rights on the Site 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 Site for commercial purposes.
This Agreement and any operating rules for the Site established by HappyBidDay 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, without regard to its conflict of laws rules. 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.
All transactions are in U.S. currency.
Note: Placing bids online at the Site 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.
U.S.: 113 Barksdale Professional Center, Newark, DE 19711