Mandatory Terms of Use

Effective Date: 11/17/11

YOU MUST READ THIS MANDATORY TERMS OF USE AGREEMENT BEFORE USING THIS WEBSITE.  THE TERMS OF USE ARE AN ONGOING CONTRACT BETWEEN YOU AND ELECTRONIC PENNY™ and PENNY ELECTRONICS LLC.  THIS ELECTRONIC DOCUMENTS IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE A SIGNATURE.

Penny Electronics, LLC (hereinafter “Electronic Penny”) provides this website and website-related services (collectively, the "Website") subject to your compliance with the mandatory terms of use set forth in this agreement (the "Agreement").  This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between Electronic Penny and you, the User, with respect to your use of the Website.  YOUR USE OF THE WEBSITE BINDS YOU TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY.  If you do not agree to these terms of use, you must not use the Website.

As used in this Agreement, the words "you" and "your" refer to any person accessing the Electronic Penny Website.  The words "we," “us," and "our" refer to Electronic Penny, and may also include our affiliated entities, officers, directors and/or employees.

Electronic Penny may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website.  Any changes that are made to this Agreement will be effective immediately upon posting.  Please check this page periodically for changes to the Agreement.  Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.

If you have any questions about this Agreement, please contact us at:

 

LICENSE TO USE WEBSITE

Electronic Penny hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement.  Any violation of the terms of this Agreement is grounds for immediate termination of this limited license.

 

IMPORTANT NOTICES/DISCLAIMER

 

Electronic Penny makes available the information and materials, including but not limited to, product descriptions, photographs and general interest information on the Website (the "Materials") for informational and bidding purposes only. The Materials may include, but are not limited to, images, videos, newsletters, articles, customer feedback and descriptions of products offered by Electronic Penny or third-parties.

 

The Website may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. Electronic Penny therefore reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

 

PRODUCT DEPICTIONS

 

We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that appear on the Website. Pursuant to the terms of our Terms of Sale, we guarantee that our products will match their textual representations.  However, computer monitors and displays may vary in their output and color reproduction, and we cannot guarantee, and make no warranty, promise, or agreement, that a purchased product will comport with its visual depiction on your computer.

 

PRICE AND COMPARISONS

 

Any price quotation, service information or any other such information regarding the cost of any goods offered by Electronic Penny are provided purely for informational and illustrative purposes. Comparisons are based on information obtained from the indicated retailer(s). Electronic Penny does not guarantee or warrant that the information or representations obtained from the indicated retailer(s) is accurate.  This price does not include tax, shipping and handling and other similar fees. This price does not include the value of any warranty or other guarantee that may or may not be provided by other retailer(s). Electronic Penny does not guarantee or warrant that the indicated retailer(s’) price has not been modified since the time it was obtained by Electronic Penny.

 

AVAILABILITY OF SERVICE

 

While Electronic Penny makes reasonable efforts to ensure that the Website is available at all times, Electronic Penny does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and Electronic Penny does not guarantee that users will be able to access or use all or any of the Website features at all times. Further, Electronic Penny reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you.  You agree that Electronic Penny shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials.

 

Electronic Penny may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.

 

 

 

 

RULES OF CONDUCT

 

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials and  Services.  In addition, your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement. 

 

You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any Electronic Penny employee, agent, or representative; or expressing or implying that Electronic Penny endorses any statement you make. 

 

You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website, the Materials or the Services.  Further, you may not interfere with or disrupt the operation of the Website, the Materials or the Services, including restricting or inhibiting any other person from using the Website, the Materials or the Services by means of hacking, or defacing any portion of the Website.  Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. 

 

Moreover, you may not interfere with or violate any other Website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Electronic Penny employees or other individuals identified on the Website, without their express written consent.

 

You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials.  Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, the Materials or the Website’s content, including Electronic Penny’s or any other party’s intellectual property thereon, without our prior express written authorization.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

The Website and its downloadable and accessible contents, including but not limited to the Materials, are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of Electronic Penny, and you may not modify any part of the Website for any reason.  Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to Electronic Penny’s Terms of Use and obtaining Electronic Penny’s prior express written authorization.

 

The trademarks, service marks, logos and any designs used or displayed on the Website specific to Electronic Penny are trademarks and/or service marks owned by Electronic Penny.  Any use of the Electronic Penny trademarks or service marks, including the reproduction, modification, distribution or republication of same without the prior express written permission of Electronic Penny is strictly prohibited. 

 

Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners.  All rights reserved.  

 

The appearance of any third party trademarks on the Website, including but not limited to use for the purposes of comparing our products to their products, does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.

 

ENFORCEMENT OF THE AGREEMENT

 

Electronic Penny may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Electronic Penny, in its sole discretion, deems appropriate.  Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time.

 

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES 

 

IN NO EVENT SHALL ELECTRONIC PENNY, ITS DIRECTORS AND OFFICERS AND EMPLOYEES, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY BIDS.  ELECTRONIC PENNY DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR THE BIDDING PROCESS WILL BE UNINTERRUPTED OR ERROR-FREE.  ADDITIONALLY, ELECTRONIC PENNY DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY ELECTRONIC PENNY TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE.  ADDITIONALLY, ELECTRONIC PENNY DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY YOU TO ELECTRONIC PENNY VIA THE WEBSITE IS ACCURATE OR EFFECTIVE.  FURTHER, NEITHER ELECTRONIC PENNY, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE OR PROCESSING OR DELIVERY OF ANY ORDER PLACED ON THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR THE PLACEMENT OF ANY ORDER HEREON.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE MATERIALS.

 

Without limiting the foregoing, everything on the Website is provided to you "AS IS" and Electronic Penny SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY SERVICE PROVIDED VIA THE WEBSITE AND ANY ORDER PLACED HEREON.

 

 

INDEMNITY

 

You agree to defend, indemnify and hold harmless Electronic Penny, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:

• Your activities in connection with the Website;
• Any violation of this Agreement by you;
• Any improper or unauthorized use of the Materials by you; and
• Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Software, Services, Content or any other such service or information which appears on the Website.

 

SEVERABILITY

 

If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. 

 

INCORPORATION OF PRIVACY POLICY

We use your information only as described in the [Privacy Policy], which is expressly incorporated as terms of this Agreement.  If you object to anything in the Privacy Policy, please do not use our services or contact us directly to determine whether a special exemption or modification may be warranted.

 

CHOICE OF LAW AND JURISDICTION 

 

Unless otherwise specified, the Website and its contents are provided solely for providing information.  The Website is controlled and operated by Electronic Penny from New York.  As such, any dispute arising under the Agreement shall be resolved exclusively by New York state or federal courts, applying New York law, regardless of principles of conflicts of laws, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

 

LINKS TO OTHER WEBSITES

 

The Website may contain links to other sites ("Third Party Websites").  These links are provided solely for the convenience of our users.  Electronic Penny does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites.  Once you access a Third Party Website through a link on the Website, you are no longer covered by the Privacy Policy or Terms of Use of the Website, and you may be subject to the Terms and Conditions and Privacy Policy of such Third Party Website.  Concerns regarding a Third Party Website should be directed to the Third Party Website itself.  Electronic Penny bears no responsibility for any action associated with any Third Party Website.

 

POLICIES FOR CHILDREN

 

The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way.  However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information.  In the event that Electronic Penny discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child's Personally Identifiable Information in accordance with the Children's Online Privacy Protection Act of 1998.

 

Please see the Federal Trade Commission's website for this act:  http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/ for more information. 

 

Terms of Use for Bidding, Sales and Shipment

 

YOU MUST READ AND AGREE TO THE TERMS OF THIS SALES AND SHIPMENT AGREEMENT (the “Agreement”) BEFORE USE.  THIS ELECTRONIC DOCUMENT IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT NEED ANY SIGNATURE.

 

As used in this Agreement, the words “user,” "You" and "your" refer to any person accessing and submitting a purchase to the Electronic Penny™ Website.  The words "we," “us," and "our" refer to Penny Electronics, LLC (“Electronic Penny”), and may also include our affiliated entities, officers, directors and/or employees.

 

Electronic Penny may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website in a screen accessible before You access the Services. Please check this Agreement periodically for changes before you purchase. 

 

SCOPE

 

All terms and conditions recited in the Mandatory Terms of Use [link] and the Privacy Policy [link] previously entered into by You are incorporated as if recited herein.  Any term not otherwise defined in this Agreement shall have the meaning specified in the Mandatory Terms of Use or the Privacy Policy.  For any conflicting terms or conditions as between this Agreement and the Mandatory Terms of Use or the Privacy Policy, this Agreement will supersede and govern all issues concerning the Sales and Shipment of your order, as defined herein.

 

ELIGIBILITY CRITERIA

 

By placing a Bid on the Website the You are legally capable of entering into a binding contract. To that end, employees and relatives of employees of Electronic Penny™ or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.

 

By using this Website,, You hereby represent and warrant that:

 

(i)        You are over the age of eighteen (18);

 

(ii)       You are authorized to use the credit card you charge your order to;

 

(iii)      You are authorized to ship your order to the address you select; and,

 

(iv)      You will not knowingly submit false or misleading information regarding any category of information submitted to Electronic Penny with your order.

 

 

REGISTRATION

 

Each user can register only once using a valid Postal Address. During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. The user account may be used only by the user and not by anyone else. In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of Electronic Penny™  or third parties, Electronic Penny™  shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable the user’s account and, if appropriate, report the commission of a crime.

 

REFERRALS

 

The user may refer a friend to join the website. Upon referring, if the referred person buys a bid package, the referring user is eligible to receive free bids. However, reception of free bids is subject to certain terms and conditions and the Website reserves the right to verify and confirm the authenticity of the referral. Falsified referrals or other fraudulent activities with regard to the referral system will result in termination of the user’s account as well as withdrawal of the free bids awarded.

 

PURCHASING BIDS

 

Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages at the currently applicable prices, which can be viewed under “Electronic Penny™” on www.electronicpenny.com. Payment can be made through a valid credit card debit card or via paypal. Bids can be placed by physically clicking on the bid buttons. Once a bid is placed, it is deducted from the user's bid account. 

 

BIDDING PROCEDURE

 

Limited Auction – In this auction, an exact price is set, at which when the auction reaches, the auction will automatically end and the last bidder to hit that exact price wins.

 

Bonus Auction – In this auction, three bonus items are set that kick in at exact prices which trigger once the price of the auction reaches those exact price points

 

Guess the price – In this auction, a price range is set, if a user inputs a price within that range he automatically wins the item and the auction may end. Otherwise the auction will continue normally until someone wins.

 

Bid For Free – In this auction, the user does not pay per bid, all bids are free but the winner of the auction has to pay the end price.

 

ACCEPTANCE OF WIN AND PAYMENT

After an auction has ended; the last bidder (the "winner") must go to the indicated webpage. Here, information on total price (including shipping costs, taxes, etc.) and payment options will be displayed. The user must pay the total price for the win by following the steps indicated on that page or elsewhere if indicated. Once the winner has confirmed, the win is accepted. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail from Electronic Penny™.  Subsequently the item will be delivered to the winner

 

 

CANCELLATION

 

The Website allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply the user is entitled to a refund of the auction end price they have paid even if the goods are not defective in anyway.

 

In order to validly complete cancellation, a winner must return the product or products in good merchantable condition, as might be expected of a new product. The cost of postage for delivery by mail or the cost of other delivery methods for the return of a product will be paid by the winner (unless the goods he/she received were found to be faulty). If the user is unable to return the service or product received or is only able to return it in part or only in a depreciated condition, he will have to pay compensation to Electronic Penny™  [the amount refundable will be reduced proportionally].

 

DELIVERY

Unless otherwise stated, delivery will be made directly from our suppliers or 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) as well as within the provinces and territories of Canada. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii or in the Yukon, Northwest Territories or Nunavut. Please check notifications on the pages which provide the details on each specific auction in advance.

 

TERMINATION OF ACCOUNT

 

Users have the right to terminate their account at any time. The website reserves the right to temporarily or permanently terminate a user’s account at its sole discretion. Users will be disqualified when in the reasonable opinion of the Website; a member has violated any laws or the rights of our users or other third parties. A user will be disqualified for any illegal activity or violation of these Mandatory Terms of Use and Terms of Use for Bidding, Sales and Shipment. Examples of such unauthorized usage include, but are not limited to, use of unauthorized third-party bidding software or set up of multiple accounts by the same individual. In case of a breach of these Terms of Use for Bidding, Slaes and Shipment, the Website reserves the right to withhold deliveries and/or refunds for bids. 

 

DISCLAIMER REGARDING USE OF THE WEBSITE

 

User expressly agrees that use of the Website is at user's sole risk. Neither Electronic Penny™, 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.

 

            LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

 

IN NO EVENT SHALL ELECTRONIC PENNY, ITS DIRECTORS AND OFFICERS AND EMPLOYEES, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO THE WEBSITE OR ANY ORDER PLACED THEREON.  ELECTRONIC PENNY DOES NOT WARRANT THAT ACCESS TO THE WEBSITE OR PROCESSING AND DELIVERY OF YOUR ORDER WILL BE UNINTERRUPTED OR ERROR-FREE.  ADDITIONALLY, ELECTRONIC PENNY DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY ELECTRONIC PENNY TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE.  ADDITIONALLY, ELECTRONIC PENNY DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY YOU TO ELECTRONIC PENNY VIA THE WEBSITE IS ACCURATE OR EFFECTIVE.  FURTHER, NEITHER ELECTRONIC PENNY, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THE WEBSITE OR PROCESSING OR DELIVERY OF ANY ORDER MADE USING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR THE PLACEMENT OF ANY ORDER HEREON.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, THE MATERIALS OR THE PLACEMENT OF ANY ORDER IS TO STOP USING THE WEBSITE OR THE MATERIALS, OR SEEK A REFUND OR CREDIT, IF APPLICABLE, IN ACCORDANCE WITH SECTION 2.4 OF THIS AGREEMENT.

Without limiting the foregoing, everything on the Website is provided to you "AS IS" and Electronic Penny SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, ANY SERVICE PROVIDED VIA THE WEBSITE AND ANY ORDER PLACED HEREON.

Electronic Penny, its officers, employees, suppliers, directors, parents, and subsidiaries will not be liable to you for any direct or indirect loss of profit or for any indirect, special, incidental or consequential damages (whether arising under contract, strict liability, warranty or tort, including negligence or otherwise), arising out of or related to this Agreement, or the delivery or use of the goods under this Agreement or any breach of this Agreement, including but not limited to lost profits, lost revenue, failure to realize expected savings, lost business, lost savings, or other commercial or economic loss of any kind or for any claim against You by another party arising out of or in connection with the delivery or use of the goods provided under this Agreement or any breach of this Agreement,  even if Electronic Penny or any authorized agent has been advised of the possibility of such damages occurring.

 

 GOVERNING LAW

 

This Agreement shall be construed and enforced in accordance with the substantive laws of the State of New York and the courts of the State of New York (in the County of New York) shall have exclusive jurisdiction over all disputes arising hereunder or in connection with the subject matter hereof.  In any action, You agree to waive any right to allege lack of personal jurisdiction, improper venue or inconvenient forum. 

 

 

 

© 2011, Penny Electronics LLC, All rights reserved.