Terms and Conditions

Last Updated: November 13, 2024

Please read these Terms and Conditions (“Terms”) carefully before using the Bashere Penny Auctions website and services (“Bashere,” “we,” “us,” or “our”).

By accessing or using Bashere.com (the “Site”), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

1. Acceptance of Terms

1.1 Agreement to Terms

By using the Site, creating an account, or participating in auctions, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

1.2 Changes to Terms

We may modify these Terms from time to time. Changes are effective when posted on the Site with an updated “Last Updated” date. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms.

1.3 Additional Terms

Certain features or services (for example, promotions or special events) may be subject to additional terms and conditions. If there is a conflict between those additional terms and these Terms, the additional terms will control for that specific feature or service.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years old to create an account and participate in auctions on Bashere.

2.2 Geographic Restrictions

Our services are currently available only to residents of the United States and Canada.

2.3 Legal Capacity

You represent that you have the legal capacity and authority to enter into binding contracts.

2.4 Account Limitations

  • Only one account per person/household is permitted.

  • You may not share, transfer, or sell your account.

  • Accounts created or used in violation of these rules may be suspended or permanently closed.

3. Account Registration

3.1 Account Creation

To participate in auctions, you must create an account and:

  • Provide accurate, current, and complete information.

  • Maintain and update your information as needed.

  • Keep your password secure and confidential.

  • Accept responsibility for all activity that occurs under your account.

3.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your login credentials.

  • All activities that occur under your account.

  • Promptly notifying us of any unauthorized use or suspected breach of security.

3.3 Account Suspension/Termination

We may suspend or terminate your account, with or without notice, if we reasonably believe that you:

  • Violate these Terms.

  • Engage in fraudulent, abusive, or suspicious activity.

  • Display irregular or suspicious bidding patterns.

  • Remain inactive for an extended period, at our discretion.

4. Bid Credits

4.1 Purchase of Bid Credits

  • Bid credits (“Credits”) are the virtual currency used to place bids.

  • Each bid credit costs $0.50 USD.

  • Credits are purchased through our Shop page.

  • Payment is processed immediately at the time of purchase.

  • Credits are non-transferable between accounts.

4.2 Credit Value

  • 1 Credit = 1 bid.

  • Credits have no cash value.

  • Credits cannot be exchanged or redeemed for cash.

  • Credits cannot be transferred, gifted, or sold to other users.

4.3 Refund Policy for Credits

  • Unused Credits: Refundable within 30 days of purchase, subject to a 10% processing fee.

  • Used Credits: Non-refundable once used to place bids.

  • Promotional Credits: Non-refundable and may be subject to additional conditions.

  • Approved refunds are generally processed within 7–10 business days to the original payment method.

4.4 Credit Expiration

Credits do not expire as long as your account remains active and in good standing. We reserve the right to close accounts that are inactive for extended periods; in that case, unused Credits may be forfeited.

5. Auctions and Bidding

5.1 How Auctions Work

  • Each auction displays an item, current price, and a countdown timer.

  • Each bid increases the auction price by $0.01.

  • Each bid costs 1 Credit (equivalent to $0.50 value).

  • The last bidder when the timer reaches zero wins the auction.

  • Auctions typically start at $0.00 unless otherwise stated.

5.2 Bidding Rules

  • All bids are final and cannot be modified or canceled.

  • You must have sufficient Credits in your account to place a bid.

  • Bids are processed in the order received by our system.

  • You may bid on multiple auctions at the same time.

  • You may not bid on your own items or collude with others to manipulate auction outcomes.

5.3 Anti-Snipe Protection

To promote fairness:

  • Bids placed within the final 15 seconds of an auction extend the timer by 10 seconds.

  • The timer may extend multiple times as long as bids continue to be placed within the final seconds.

5.4 Auction Cancellation

We may cancel or void an auction at any time, including (but not limited to) situations involving:

  • Technical or system errors.

  • Suspected fraud or abuse.

  • Item unavailability or damage.

  • Violation of these Terms by participants.

If an auction is canceled, all Credits used for that auction will be returned to participating users’ accounts.

6. Winning and Payment

6.1 Winning an Auction

If you win an auction:

  • You will receive a confirmation email with details of the item and total amount due.

  • You have 7 days from the time of notification to complete payment.

  • Failure to pay within this period may result in cancellation of the win and/or account suspension.

6.2 Payment Obligations

As the winning bidder, you agree to pay:

  • The final auction price (the closing price displayed at the end of the auction).

  • Applicable shipping fees.

  • Any applicable taxes, duties, or other charges as required by law.
    There are no hidden fees beyond those disclosed.

6.3 Payment Methods

We currently accept:

  • Major credit/debit cards (Visa, Mastercard, American Express).

  • PayPal.

  • Apple Pay.

  • Google Pay.

Available payment methods may change over time.

6.4 Consequences of Non-Payment

If you fail to pay for items you have won, we may:

  • Suspend or terminate your account.

  • Forfeit all remaining Credits.

  • Cancel outstanding wins.

  • Take further action appropriate to the value of the item and applicable law (for example, referring the matter to a collection agency or legal counsel).

7. Shipping and Delivery

7.1 Shipping Times

Estimated shipping times (after processing):

  • Standard Shipping: 5–7 business days

  • Expedited Shipping: 2–3 business days

  • Express Shipping: 1–2 business days

Processing time is typically 1–2 business days before shipment. These are estimates only and not guarantees.

7.2 Shipping Costs

Shipping costs depend on:

  • Item size and weight.

  • Destination address.

  • Selected shipping method.

Shipping costs are displayed at checkout where possible.

7.3 Delivery Address

  • You are responsible for providing accurate and complete shipping information.

  • We are not responsible for items delivered to an incorrect address provided by you.

  • Address changes must be requested and confirmed before the order ships.

7.4 Damaged or Lost Items

If an item arrives damaged or does not arrive:

  • Report damaged items within 48 hours of delivery.

  • Provide photos and any requested documentation.

  • We will work with you and the carrier to investigate and, where appropriate, repair, replace, or refund the item.

8. Returns and Refunds

8.1 Return Policy

Unless otherwise specified for a particular item:

  • You have 30 days from the delivery date to request a return.

  • Items must be unopened, unused, and in original condition.

  • Original packaging and all included materials are required.

  • Unless we made an error, buyer pays return shipping.

  • Refunds are issued after we receive and inspect the returned item.

8.2 Non-Returnable Items

The following items generally cannot be returned:

  • Opened or used items.

  • Items missing original packaging or accessories.

  • Gift cards or stored-value products.

  • Digital or downloadable products.

  • Personalized or custom items.

Any exceptions will be clearly stated on the product page.

8.3 Refund Process

  • Approved refunds are usually processed within 7–10 business days.

  • Refunds are issued to the original payment method, subject to your payment provider’s processing times.

  • Original shipping costs are generally non-refundable, unless the return is due to our error.

9. Product Information

9.1 Item Descriptions

  • Unless otherwise noted, all items are new.

  • We aim to provide accurate and up-to-date descriptions.

  • Actual products may differ slightly from images due to manufacturer updates, lighting, or screen settings.

  • Specifications are subject to change by the manufacturer.

9.2 Retail Values

  • Listed retail values are typically based on manufacturer’s suggested retail price (MSRP) or other industry sources.

  • Retail values are estimates and may vary by retailer, location, or over time.

  • These values are provided for reference only.

9.3 Warranty

  • Items may include a manufacturer’s warranty, if offered.

  • Warranty terms and coverage vary by manufacturer.

  • You are responsible for registering products and making claims directly with the manufacturer where applicable.

  • Bashere is not responsible for manufacturer warranty decisions or performance.

10. Prohibited Activities

You agree not to:

  • Create multiple accounts or impersonate another person.

  • Use bots, scripts, or other automated tools to bid.

  • Collude with others to manipulate auctions or prices.

  • Bid on items with no genuine intent to pay.

  • Share, sell, or otherwise transfer your account.

  • Use offensive, obscene, or misleading usernames.

  • Harass, threaten, or abuse other users or staff.

  • Attempt to hack, probe, or breach our systems or security.

  • Engage in any fraudulent, deceptive, or illegal activity.

  • Abuse customer support channels.

  • Violate any applicable laws or regulations.

10.1 Consequences

Violations of these rules may result in one or more of the following:

  • Immediate account suspension or termination.

  • Forfeiture of Credits and/or winnings.

  • Cancellation of auctions and bids.

  • Legal action, where appropriate.

  • Reporting to relevant authorities.

11. Intellectual Property

11.1 Our Content

All content on the Site is owned by or licensed to Bashere and is protected by intellectual property laws, including copyright and trademark laws. This includes, without limitation:

  • Site design, layout, and user interface.

  • Logos, names, and branding.

  • Text, graphics, images, audio, and video.

  • Software, code, and other technology.

11.2 Your Use of Our Content

You may not, without our prior written permission:

  • Copy, reproduce, modify, or distribute any content from the Site.

  • Create derivative works based on our content.

  • Use our trademarks, logos, or brand elements.

  • Frame, mirror, or deep-link to any part of the Site in a misleading way.

  • Reverse engineer or attempt to extract source code from our software.

11.3 User Content

If you post, upload, or submit any content to the Site (for example, reviews or comments), you grant Bashere a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and promoting the Site and our services.

You represent that you own or have the necessary rights to any content you submit and that your content does not infringe any third party rights.

12. Privacy and Data

12.1 Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

12.2 Data Collection

We may collect, store, and process information such as:

  • Account details and profile information.

  • Bidding and transaction history.

  • Payment information (processed via third-party payment processors).

  • Device and usage data (e.g., IP address, browser type, pages visited).

  • Communications between you and Bashere.

12.3 Data Use

We use your data to:

  • Provide, maintain, and improve our services.

  • Process payments and fulfill orders.

  • Communicate with you about your account, auctions, and support requests.

  • Detect, prevent, and investigate fraud or security issues.

  • Comply with legal and regulatory obligations.

13. Disclaimers

13.1 “As Is” Basis

THE SITE, AUCTIONS, AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 No Guarantee of Winning or Value

We do not guarantee that:

  • You will win any auction.

  • The value of items won will equal or exceed the total amount you spent on Credits and bids.

13.3 Technical Issues

We are not responsible for:

  • Internet or network connectivity problems.

  • Browser or device incompatibilities.

  • Hardware malfunctions or failures.

  • Third-party service interruptions or failures.

13.4 Third-Party Links

The Site may contain links to third-party websites or services. We do not control and are not responsible for the content, policies, or practices of any third-party websites. Accessing third-party sites is at your own risk.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

14.1 No Consequential Damages

BASHERE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES.

14.2 Maximum Liability

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BASHERE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Bashere, its officers, directors, employees, and agents from and against any claims, demands, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Site or services.

  • Your violation of these Terms.

  • Your violation of any rights of another person or entity.

  • Your bidding activity and transactions on the Site.

  • Any content you submit or post.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal legal action or arbitration, you agree to first contact us at legal@bashere.com and attempt to resolve the dispute informally in good faith.

16.2 Arbitration Agreement

Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration, not in court.

You and Bashere agree that the following claims are not subject to mandatory arbitration:

  • Claims that may be brought in small claims court.

  • Claims relating to intellectual property rights.

  • Requests for temporary or preliminary injunctive relief.

16.3 Arbitration Rules

Unless otherwise agreed in writing:

  • Arbitration will be administered by the American Arbitration Association (AAA).

  • The AAA Commercial Arbitration Rules will apply.

  • A single arbitrator will preside.

  • The arbitration will take place in Phoenix, Arizona, or another mutually agreed location, or by remote means where allowed.

  • Each party will bear its own attorneys’ fees and costs, unless the arbitrator determines otherwise under applicable law.

16.4 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

17. Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law rules.

18. General Provisions

18.1 Entire Agreement

These Terms, together with any additional terms referenced herein and our Privacy Policy, constitute the entire agreement between you and Bashere regarding your use of the Site and services.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any delay or failure to perform our obligations where the delay or failure results from causes beyond our reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, labor disputes, power failures, or internet outages.

19. Contact Information

For questions about these Terms or our services, please contact:

Bashere Penny Auctions
Email: legal@bashere.com
Phone: (555) 123-4567
Address: [Your Business Address – update before publishing]

Customer Support
Email: support@bashere.com
Live Chat: 9:00 AM – 9:00 PM EST
Phone: (555) 123-4567

20. Acknowledgment

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

If you’d like, I can next:

  • Shorten this for a “summary” version on a separate page, or

  • Customize specific sections (for example, remove arbitration or change governing law/state).

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