TERMS OF USE
This Terms of Use Agreement (“Agreement”) is a legally binding agreement by and between Henderson Farms LLC. DBA Bid On Bargains is a limited liability company organized under the laws of the State of Alabama. (“Bid on Bargains”), and you, the user (“You”). This Agreement governs your access and use of any and all parts of this website, Bid On Bargains (“Website”).
BY USING THIS WEBSITE AND ENTERING INTO THIS AGREEMENT, YOU ARE AGREEING TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO BRING A CLAIM AS A CLASS ACTION AND INSTEAD AGREE TO RESOLVE ANY DISPUTES RELATING TO YOUR USE OF THIS WEBSITE THROUGH ARBITRATION. This process is described in greater detail in section 12.
1.Eligibility
You may only use this Website if You are legally capable of entering into a binding agreement and are at least eighteen years of age.
2.Intellectual Property
The Website is the intellectual property of Bid On Bargains Subject to these Terms of Use, Bid On Bargains grants you a limited, revocable, royalty-free license to view the content and materials contained on this Website. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any right any intellectual property right or related rights.
3.Prohibited Uses
You agree that you will access and use the Website only in a lawful manner and only in accordance with this Agreement. In addition to any other terms contained in this Agreement. You agree that you will not:
a. Attempt to gain access, to any portion of this Website, or any systems or networks connected to this Website, by hacking, password mining or any other illegitimate or unlawful means.
b. Run or display any material on this Website through inline frames or through similar means on another site, application, preferences, email addresses or accounts.
c. Collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses, or accounts.
d. Transmit unsolicited electronic communications, such as spam, interfere or attempt to interfere with the proper working of the Website, or otherwise interfere with other users’ use of this Website; or
e. Transmit or upload to this Website any item containing malicious code or feature that does or could interfere with in any manner the performance or security of this Website or adversely affect a user.
4.Product Availability
All products offered for sale are subject to availability and Bid On Bargains reserves the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at anytime, but changes will not affect any order for products You have already placed once order has been accepted by Bid On Bargains. Unless otherwise agreed upon by Bid On Bargains in writing, payment must be processed by Bid On Bargains before an order will be accepted. Bid On Bargains reserves the right to refuse to provide products or services to anyone. Mystery Boxes are sold as is, how is. No guarantee on authenticity or in working order. Not responsible for content. Local Pickup is FREE. We only ship to the following Bargain Bins/ Bargain Racks locations for pickup. Bargain Bins Albertiville, Bargain Bins Gadsden, Bargain Racks Gadsden, Bargain Bins Anniston, Bargain Bins Biloxi, Bargain Bins Mt. Airy, Bargain Racks Jacksonville. Please refer to “Pickup Policy” section of site for detailed information of pickup locations.
5.Returns
To initiate a return you MUST email returns@bidonbargains.com to receive a “RA #”. You will receive one if your order is eligible for return. Orders that are returned without notice will NOT BE ACCEPTED.
Bid On Bargains will accept returns under the following circumstances:
Returns must be returned within three (3) days of when the item was picked up from selected pickup location.
All returns will be refunded in full minus a 20% restocking fee. However, if the item you are returning is found to be defective, the 20% fee will be waived.
Upon receipt of a returned item, Bid On Bargains will examine it to determine if You are eligible for a refund and will send an email to the address that You provided when purchasing the item to inform You of whether You are eligible for a refund, we will refund the purchase amount through the method of payment You used to purchase the item.
In the event that an item is returned outside of its original, unopened packaging and Bid On Bargains finds that the item is not defective, Bid On Bargains will refund the purchase amount minus a restocking fee equal to 20% of the purchase amount.
Items marked as “Final Sale” items are not eligible for refunds. Intimate items, undergarments, and swimwear are not eligible for return. Bid On Bargains is not responsible for any Final Sale items or Mystery Boxes erroneously returned.
To inquire about the status of Your return, or for any other questions related to refunds, please send an email to returns@bidonbargains.com.
6.User Content
Bid On Bargains may allow You and other users of this Website to post content (such as reviews) on this Website (content posted by You or other users is collectively referred to as “User Content”). User Content is non-confidential and nonproprietary. Bid On Bargains may, but is not obligated to, monitor, review, and remove any User Content.
You are solely responsible for any User Content that You post on this Website. You agreed to only post User Content that You believe in good faith to be true and accurate. You agree that you will not post any User Content that:
a. Is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, offensive, pornographic, or profane;
b. Promotes illegal activity or conduct that would be considered a criminal offense or gives rise to civil liability, or otherwise violates any law;
c. Violates the rights of any third party;
d. Harasses or advocates harassment of another person or entity; or
e. Encourages other users to maintain or use products in any manner contrary to directions provided by the manufacturer or Bid On Bargains.
By uploading User Content to the Website, you grant and warrant that you have all rights necessary to grant Bid On Bargains a license to use, copy, publicity display and distribute such User Content, without attribution.
7. Reporting a Violation of Copyright
If You believe that any element of this Website infringes Your copyright, please send written notice of the alleged copyright infringement to Bid On Bargains’ designated copyright agent at this address
Bid On Bargains
PO BOX 680158
FORT PAYNE, AL 35967
Such notice must meet the requirements of the Digital Millennium Copyright Act.
Bid On Bargains keeps records of DMCA notices and will take steps to block repeated infringers.
8. Modification
Bid On Bargains reserves the right to modify or discontinue this Website with or without notice. Bid On Bargains reserves the right to modify this agreement at anytime. By continuing to use this Website, You agree to be bound by any such revisions, and You should periodically visit this page to examine the current Agreement.
9. Governing Law
This agreement shall be governed by applicable federal laws and the laws of the State of Alabama.
10. Limitations of Liability
You agree that Bid On Bargains shall not be liable to You for any direct, indirect, consequential, incidental, special, or punitive damages, including loss profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the use of this Website.
11. Indemnification
You agree to defend Bid On Bargains and its respective affiliates, licensors, directors, officers, employees, and agents harmless from and against any damages of any nature arising from any claim, cause of action, or demand from any third party arising out of your breach of this Agreement.
12. Dispute Resolution
Any controversy or claim arising out of or relating to Your use of this Website shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Fort Payne, AL. Hearings will take place pursuant to the standard procedures of the Consumer Arbitration Rules that contemplate in-person hearings. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Any arbitration shall be conducted by You in Your individual capacity only and not as a class action or any other representative action. You expressly waive Your right to file a class action or seek relief on a class basis.
13. Miscellaneous
Failure of Bid On Bargains to enforce any right or provision of this Agreement shall not operate as a waiver of any right or provision. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect. Headings are for convenience only and have no legal effect. This Agreement is not intended to confer third-party beneficiary rights upon any other person or entity. This Agreement constitutes the entire Agreement and supersedes all prior or contemporanious agreements or understandings.
**We use stock photos to depict the likeness of each item. The condition of the item itself will be similar however, the photos may not show the exact packaging/item you will receive.”