Terms & Conditions

Welcome to WOWBIDZ.com (owned and run by „WOW“-ITZ) and thank you for reviewing our Terms and Conditions.

In order to utilize our website, you must review these Terms and Conditions and certify to us that you have read, and have accepted, each of these terms and conditions, as well as our Privacy Policy. „WOW“-ITZ Limitedthrough its „WOW“ Bidz  domain, makes this website, including all information, documents, communications, files, text, graphics, software and audio/visual files available for your use, subject to the Terms and Conditions set forth below, as well as those in our Privacy Policy.

 

1. Acceptance of Terms of Service and Terms and Conditions.

By using this website, registering and/or creating an account and becoming a member, you accept and agree to all the terms, conditions materials and notices contained, or referenced, in our Terms and Conditions and our Privacy Policy. Please read the following Terms and Conditions carefully. If you do not agree with any of the terms and conditions, do NOT use this website. If you access, use, or download in any way, without limitation, any service from this website, you agree to and are bound by the terms and conditions of service.„WOW“-ITZ  reserves the right, in its sole and absolute discretion, to refuse service and access to any user.„WOW“-ITZ  reserves the right to change the terms and conditions of service at any time without prior notice to user. In the event changes are made to these Terms and Conditions, they will be posted on this page and the date of the last changes will appear at the top of this page. Your continued use of the website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the website. If you breach any of these terms and conditions, or the privacy policy, your authorization to use this website automatically terminates.

 

2. Age Limit and Eligibility.

To be eligible to register and create an authorized account ("account"), you must be a person/individual at least eighteen (18) years of age. Provider reserves the right to verify your age.

 

3. Registration and Account Creation.

In order to participate in any auction on this website, you must register and create an account. When you create your account, it constitutes a representation that you are an individual at least eighteen (18) years of age and are not a person barred from receiving the services offered under the laws of  your State or Country of residence or any other applicable jurisdiction. During the registration process, you must choose a username. Your username must not be offensive, deceptive or infringe upon the rights of third parties. By registering for an account, you also consent to allow us to access your account information to, among other things, investigate complaints or other allegations of abuse.„WOW“-ITZ  reserves the right to reject or revoke any user’s account at its sole discretion for any reason. You may modify your registration data by sending an email to support@“WOW“-ITZ  . Only one account is allowed per person. Your account is not transferable. You may not allow any other person to access your account, accept your merchandise or participate in any auction using your account information. Under no circumstances shall you allow or permit any other person or third party, including without limitation, any person under the legal age, to participate in an auction in your applicable jurisdiction.

 

4. Unavailability of Service.

You are subject to the laws of the state, city and any other legal entity in which you reside and/or from which you access this website and use its services. Use of this website and its services is VOID WHERE PROHIBITED OR RESTRICTED BY LAW. You hereby agree that „WOW“-ITZ  cannot be held liable if laws applicable to you restrict or prohibit your participation. „WOW“-ITZ  makes no representations or warranties, implicit or explicit, as to your legal right to participate in any auction offered on this Website. You agree to determine whether participation in this website and its services is allowed in your jurisdiction, and to abide by same.

 

5. Participation in the Auctions – The Right to Bid.

A. Paid Bids.

The right to participate in the auctions, or "bid", must be purchased, and paid for by you, before you can start bidding. Bids can be purchased at the currently set prices, which can be viewed on the website. Payment will only be accepted via PayPal Gateway or other payment methods published on„WOW“-ITZ . Once a bid is placed in a given auction, the bid credit is deducted from your account and is considered expired and non-refundable.

B. Bonus Bids.

Bonus bids may be earned on „WOW“-ITZ  in a number of ways, including but not limited to, new member registration, refer a friend programs and contests. Bonus bids will be held separate from paid bids in your account and considered the same as coupon bids as outlined below. Bonus bids may be used in the same manner as paid bids. Bonus bids will be the first bid credits deducted from your account any time that you bid. Bonus bids will expire after 30 days. No refunds will be given for expired bonus bids, so use them up!

C.Won Bids.

Bids that are won following participation in an auction from items, such as "Bid Packages," or bid amounts that are added to a listed retail item, will be considered the same as Paid Bids.

 D. Coupon and Bonus Bids. 

“WOW“-ITZ will occassionally offer special coupons, contests and other special discount bids to our customers and potential customers. These Bids will all be considered Coupon bids. Coupon bids are not held, calculated, nor valued in the same way as paid, regular bids. Coupon bids will always have an expiration date, by which they MUST be redeemed or they will be lost. Coupon bids have NO value for refund purposes. Coupon bids DO NOT count towards the Buy It Now option on any auctions. These bids are for promotional, coupon and contests only. Coupon bids in your account will always be the first bids used on an auction. Users will not be compensated for any unused coupon bids that expire.

 

6.Bidding Methods.

A. Manual Bidding.

You can manually click on the bid button on any of the listed auctions. Remember that each time you click "Bid," the price will increase and one credit will be deducted from your account! The timer will also add time for any bids that are placed.

 B. Autobidz.

The Autobidz option is an auto-bidder. The auto-bidder will allow you to automatically bid on auctions by setting up, in advance, bidding specifications with the auto-bidder. Each time the BidHog places a bid it will also use a bid credit from your account, raise the price and effect timers under two minutes. You are prohibited from using any bidding software not authorized by „WOW“-ITZ .

C. Last Second Bidding.

Penny auction users have many different styles and strategies when participating in auctions. One of the popular styles is to place bids at the very last second on the timer. „WOW“-ITZ hereby notifies it's users that this method is only to be used at the user's risk. Given the nature of the internet, „WOW“-ITZ cannot, and will not, guarantee these last second bids will be able to be processed by our servers. „WOW“-ITZ recommends that users place bids with 3 seconds remaining to ensure a fair chance for proper crediting of the bids. No refunds, bid credits or any other compensation will be awarded in instances where the auction database records show that auction ended correctly and late bids were not processed.

D. Bid Bots and Shill Bidding.

Some other penny auction sites out there will bid against their users for their own profits. „WOW“-ITZ will not participate in, nor allow, any type of shill bidding against the customers of this site. Employees of „WOW“-ITZ Limited, and their immediate families, are prohibited from bidding or participating in auctions. For purposes of this part, "immediate family" shall only include members of the employee’s family that reside in the same household with an employee.

 

7. Retail Items up for Auction.

The price of the item(s) up for auction increases with each bid placed, per the amount specified, for that auction. If no amount is specified, the price of the item will increase up to 8 cents ($0.08) per bid (The exact amount shall be listed on the auction, unlessotherwise stated the amount shall be set at 8 cents per bid). A bid submitted by you, constitutes your willingness to enter into a binding contract with „WOW“-ITZ  and, in the event of being the last bidder in the auction, you agree to purchase the item won in the auction under the conditions set forth in the auction. The contract to purchase the item does not come into effect until the auction is finished and the purchaser has followed all the steps, as set forth, to complete the purchase. An auction is deemed to have ended when the website shows that the auction is closed (or listed as „SOLD“). The bidder who was the last to bid wins the auction and the right to purchase that item. All other bids placed on the item expire and will not be credited back to a user's account or be eligible for a refund, except in the event of a site malfunction. The purchaser of an auction item is determined by the provider based on its records and such determination shall be made at the sole discretion of „WOW“-ITZ .

 

8. Win Limits.

„WOW“-ITZwill actively attempt to enhance this entertainment based shopping experience for all customers of the site. In consideration of this goal, win limits may be set for auctions, at the sole discretion of „WOW“-ITZ . All current win limits shall be defined via the site news option.

 

9. Purchase of Merchandise.

The purchaser must actively confirm winning the auction by following the steps indicated on the website and paying the price for the item, as well as any applicable shipping costs or sales tax. Delivery will not occur until the purchaser has paid the total price. If an auction win has not been confirmed, and paid in full, within 10 days from the auction end date, „WOW“-ITZ  reserves the right to withdraw the offer to conclude a contract and the purchaser's right to pay for, and receive delivery of that item, will be permanently revoked. All bids placed in that auction will then expire and are non-refundable. There will be no second notice, or reminder, of auction payments due.

 

10. Buy-it now Option.

This option may be offered on some items that are listed for auction. Auction items will clearly indicate if the Buy-it now option is available. User must be logged into the system to see the Buy-it Now availability. This will appear under the auction item on the product details page.

Buy it Now may be used only once on each auction. In the event that an auction is won and the Buy it Now feature is also used, only one item will be awarded to the winner. Do not use Buy it Now if you are the current auction leader. Do not continue to bid on an auction after using the Buy it Now feature!

 

11. Reserve Auctions.

Reserve Auctions have a pre-defined reserve price that is set by „WOW“-ITZ  to ensure that the auction does not sell at a price less than the reserve. This auction will not start until the reserve is met. These auctions include a price range in which this reserve will be set. All bids placed on this auction are non-refundable, except in the event of malfunction. This is the only auction that allows you to outbid yourself in attempts to hit the reserve. The Buy it Now Option is NOT available on Reserve auctions.

 

12. Auction Exchange Options.

Exchange and Buy Option. Winners at „WOW“-ITZ may chose to swap the item won for bids at the standard price for bids in a bid package equivalent to or less than the number of bids being purchased via exchange. In addition to this the winner shall be rewarded with a bonus bid package equal to 10% of the final price of the product being purchased via this option. In addition to this bonus the product being purchased shall have a 10% discount calculated and deducted from the listed retail price. Thats right, if you choose to exchange your won product for bids we will givve you an additional 10% on the value and in addition to this if you go ahead and buy the product at our listed retail price we shall give you a 10% discount. This offer is only valid for items that are listed with a regular retail price in their description. Products that are listed at a discounted price sahll not be elligible for the additional 10% discount on the sale price. However the 10% bonus bid pack shall still apply. This option is not available for bid packages.

 

13. Reward Points.

„WOW“-ITZ may offer reward points to users for purchases of bids and bid packages. These points may also be issued for special promotions, sales, give-aways or even added to items that are being auctioned. These points may then be used for retail purchase of items in the „WOW“-ITZ Store. Reward points will expire 1 year from issuance. Reward points have no monetary value, except for purchases from the „WOW“-ITZ  store, and are non-refundable.

 

14. „WOW“-ITZ  Store.

„WOW“-ITZ offers a unique merchandise line, which includes items such as „WOW“-ITZ T-shirts, hats, stickers and much more. We will also offer other retail items for sale in the store, without the use of the auction format. These items can be found by visiting the "WOW“-ITZ Store" links found throughout the site. Items in the store may be purchased by using reward points or cash. Visit the "WOW“-ITZ Store" section in "Help," for additional details.

 

15. Shipping Policy.

a. Shipping prices

Prices listed on the auctions at „WOW“-ITZ are valid world wide where international couriers can deliver items to. Unless otherwise stated all delivery addreses MUST be located on land and at a registerred legal address that can be reached without endagering lives or property.

b. Shipping time.

In most cases, „WOW“-ITZ  will ship items won at auction within 2 to 3 days of payment, however, we reserve the right to delay shipping for up to 21 days. We will ship all products using priority door to door shipping services. Shipping costs will be clearly posted in the details section of each auction. Unless otherwise stated, delivery will be made from our warehouse, or directly from our suppliers or business partners located in your country or region, to the address provided by the purchaser.

d. Combined Shipping.

„WOW“-ITZ reserves the right to combine multiple auctions won in the same time period into one item shipment. This will not result in refund or reduction in shipping charges.

e. Unavailable Items.

In the event that „WOW“-ITZ  cannot deliver the item ordered, for any reason, we shall be entitled to substitute the item with a comparable replacement product with the same, or better features, or provide compensation in bids at 50% of the regular equivalent bid package.

 

16. Refunds.

All refunds are subject to a 25% service charge, except for those involving a valid site malfunction. Additional processing and service charges may apply depending on the costs incurred as a result oft his type of transaction.

 

A.Retail Items

i) Items will NOT be refunded.

All items purchased are coverred by a legal warranty defined and offered by the manufacturer. Shipping and handling damages are coverred by insurance defined by the delivery service. Any and all compensation approved shall be given exclusively in bids, this type of compensation when approved  is not a 'refund'.

ii) International Use.

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

B. BidPack Purchases.

Purchased bidpacks can NOT be refunded. Instead the original bid package if untouched and not used in any part may be used to purchase products at the "„WOW“-ITZ  Store"

 

C. Bid Balance Refunds.

1. Paid and won bids in a user account may be refunded, at customer request, for any reason. Bid balance refunds will be processed using a 45%/per price of bid calculation. If refund is not for site malfunction, refunds granted in this manner may result in account closure and user may be excluded from further participation on this site.

2. Bonus Bids

Bids in a user account will not be refunded for any reason except site malfunction, in which case bonus bids will only be refunded as additional bonus bids, credited to bonus bid account.

D. Reward Points.

Will not be refunded, nor will user be compensated for unused reward points for any reason except site malfunction.

E. Refund Method.

Approved refunds shall be processed and exclusively paid for  in bids at the bid price listed for the equivalent number of bids in a bid package. Only in the event that a refund is in accordance with the termination clauses a full refund shall be approved from which a 11% service charge shall be deducted to cover the costs incurred.

 

17. Service and Support for Products Purchased.

All requests for technical service, support, or warranty on retail items, should be made directly to the item manufacturer in accordance with their terms of service.

 

18. Termination.

A. Your Right to Terminate. You may terminate your account at any time by deleting it. In which case if you opt to do this you are knowingla and willingly doing so at your own cost.

B. Provider's Right to Terminate.

Your „WOW“-ITZ  account may be terminated, or closed, by „WOW“-ITZ  at any time, for any reason determined as fair and reasonable by „WOW“-ITZ. In the event that the account is closed by „WOW“-ITZ  for any reason, other than violations of the Terms and Conditions, Privacy Policy, Website regulations or violation of law, then„WOW“-ITZ  shall refund the full amount of any remaining paid bids in your account according to the refund policy. Any bonus bids accumulated will not be refunded or compensated, nor will there be a refund or compensation for any unused reward points in the account.

 

19. Intellectual Property Rights.

A. Copyright and Use Limitations.

By agreeing to the terms and conditions, you have been granted a license to view and use the service, subject to these terms of service. You may not sell or modify the service or reproduce, display publicly, or otherwise use, the service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose, is expressly prohibited, without prior written consent from „WOW“-ITZ.

B. Trademarks.

„WOW“-ITZ Limitedowns, or has pending trademarks/copyrights, for its graphics, logos and service marks on this site. They may not be used without prior written consent of „WOW“-ITZ Limited.

 

20. Privacy and Protection of Personal Information.       

We respect the privacy of visitors to our website. Please see our Privacy Policy related to the collection and use of your information.

 

21. System Outage.

A  system outage occurs when bids cannot be submitted for items due to an unforeseeable disruption in the website or its systems. After the system outage has been resolved, the auctions will be continued. If the system outage results in auction termination, or a delay of over 1 hour, all bids placed on the auction(s) will be credited to your account upon system recovery.

 

22. Maintenance and Other Problems.

„WOW“-ITZ  conducts maintenance work on its system from time to time. If possible, we will notify you in advance of maintenance periods. Maintenance may affect all or only a portion of the website. Auctions may be unable to continue during a maintenance period. Auctions that have begun prior to such maintenance periods will end and not be extended into the maintenance period and any bids placed during such an event will be credited back to the user's account.  Auctions shall normally be paused for maintenance and continue once maintenace is complete. In the event that the maintenance being performed diables the pause option all auctions that cease, close or are listed as sol din the maintenance period shall be deemed as 'Cancelled' and all bids placed shall be credited to the users.

 

 A. Reporting Malfunctions.

Any problems encountered during an auction which may cause the auction to be invalidated must be reported immediately to support@“WOW“-ITZ  . Failure to report the malfunction, or discrepancy, immediately upon discovery, will constitute your consent to continue and cause your continued use of the site, or participation in an auction, to be at your own risk. No refunds for bids or bidpacks will be awarded in that instance.

B. Malfunctions discovered while Auction is in progress.

For the purposes of this part malfunctions shall be considered to have been discovered during auction in progress when „WOW“-ITZ is properly notified, or finds, a valid malfunction and pauses the auction prior to it's end. When verified malfunctions of this type are found „WOW“-ITZ  will make every effort to repair the problem and resume the auction. In the event the repair will require more than 10 minutes from the pause, „WOW“-ITZ will not resume the auction, without the consent of all bidders currently having bids placed in the auction. If all bidders are unavailable to agree to a restart, „WOW“-ITZ will email notice to all bidders of the date and time for the re-start with no less than 48 hours notice.

In the event that the malfunction occurs after placement of bids that are correctly accepted, the auction will be reset to the last correct bid level upon the restart. All bids found to have been placed after the malfunction will be credited to the user account prior to the restart.

C. Malfunctions discovered after auction end.

For purposes of this part, a malfunction discovered after the auction end will be any auction in which a malfunction is reported after the timers have ended or an auction in which a malfunction is reported prior to timers end, but „WOW“-ITZ is unable to pause the auction prior to its end. When verified malfunctions of this type occur „WOW“-ITZ will invalidate the auction and credit all used bids back to the user bid accounts.

D. Other issues.

 All other problems encountered during the use of provider's services, including those with regard to auctions, your account, etc., must be reported, within three days, to support @ wowbidz.com  to be considered for compensation of  any bid credit.

 

23. Warranties and Limitations.

You expressly agree that use of the website and its services is at your sole risk. Neither provider nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers, and/or any third party who provides or distributes products or services for provider, or the like, warrant that websites affiliated with providers, including but not limited to, this website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code or other defects. The information, products and services published on this website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the website or as to the accuracy, reliability or currency of any information, content, service or merchandise provided through the website. Furthermore, provider shall not be responsible for any opinions, views, advice or statements posted about its service (including, without limitation, in any public posting areas of the service) by any person or entity other than an authorized provider or spokesperson, including without limitation, advertisers, content providers, you, other users, guests, independent writers and experts who are not authorized provider spokespersons.

A.Disclaimers.

Your use of this site is at your sole risk. Service and software provided on an "as-is" basis and "as available" basis. To the fullest extent permissible by applicable law, provider disclaims all implied warranties. Provider makes no representations or warranties of any kind, express or implied, as to the operation, security, or availability of this website. Provider does not warrant that the materials posted regarding the retail items listed on this site are accurate, reliable or correct.  Users from Counries, States or Teritories where these types of regulations are not allowed are advised that they should not register, if they do then they shall accept these terms as listed and take full responsibilty for not complying with the jurisdiction regulations. No advice, or information, whether oral or written, obtained from the site, shall create any warranty not expressly stated in these terms and conditions or privacy policy.

B. Limitation of Liability.

Provider does not guarantee the continuous, uninterrupted, or secure, access to the website. Operation of the site may be interfered with by numerous factors outside the control of provider. You expressly understand and agree that provider will not be liable for any damages arising from, or inability to, use the website, software or related services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the site. Such limitation shall apply whether the damages arise from the use, or misuse of, and reliance on, provider’s services or items purchased from provider, from inability to use provider’s services, or items purchased through the site, from interruption, suspension or termination of providers service. If you are dissatisfied with any portion of the website and/or services offered through the website, your sole and exclusive remedy is to discontinue your use of this website.

 

24. Disclaimers Regarding Items Purchased Through Provider.

ALL ITEMS PURCHASED THROUGH THE WEBSITE ARE SOLD ONLY WITH THE MANUFACTURER'S LIMITED WARRANTY.

 

25. Third Party Links.

The website may contain links to other websites and may forward you to other websites within the same internet browser window. These websites are not under the control of provider, and the existence of a link on the website does not imply any endorsement of the linked websites, unless otherwise posted, by provider, or any affiliation between provider and the owners of the linked websites.

 

26. PayPal Payment Gateway.

„WOW“-ITZ  uses Payment gatewys like Paypal to process all payments. The information that we provide to and receive from them and the manner in which such information is used and disclosed, is described in further detail in our Privacy Policy. You irrevocably authorize us, as necessary, to instruct PayPal to process your credit card transactions and you irrevocably agree that provider may give such instructions on your behalf, in accordance with your requests, as submitted through the website. You agree that provider is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party, except as a result of the gross negligence of provider or its employees.

 

27. Online Conduct.

You agree to use the website and the services provided through this website only for lawful purposes and to behave in a fair and equitable manner when using the website and our services.

“Keep It Clean!”

We strive to make our community a friendly and pleasantly orientated business. We clearly operate under a "Keep It Clean!" policy for all of our community based forums and communications. As the saying goes, It only takes a few bad apples to ruin it for everybody.

We will strictly enforce the following guidelines:

·      No swearing ina any communications concerning our sites or business ANYWHERE

·      No racial slurs or sexual comments ANYWHERE

·      No intimidating other users/bidders ANYWHERE.

·      No collusion in the bidding process with any users/bidders

·      Be courteous at all times in all communications concerning our site.

Basically, be a good citizen in our community. Any violation of these simple rules will trigger an immediate action by „WOW“ – ITZ Limited. If we find that you have violated any of these simple requirements the following will occur:

1.   Your account will be immediately suspended.

2.   We will conduct a thorough review of the violation.

3.   If we find evidence that this is a ongoing problem, your suspension will proceed to permanent disbarrment from our community.

All of our decisions are final.

 

28. Newsletters and Site emails.

1. Admin Emails.

Users creating accounts at „WOW“-ITZ will be assumed to have agreed to receive email notices from „WOW“-ITZ regarding auction wins and other site related issues. A users sole remedy to cease acceptance of these emails is account closure.

2. Newsletter and Promotional Emails.

 All users will be prompted to agree to receive newsletters from „WOW“-ITZ at time of account creation. Users may unsubscribe from the newsletter emails at any time by visiting the My Profile pages following log in and selecting Unsubscribe. Newsletter emails also contain directions for email request for removal from this service. It is the users responsibility to confirm email requests delivery for removal in this manner.

 

29. Security.

If you use this website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc., that may track any data you enter via this website, including e-mail addresses, credit card numbers and any other payment related information.

 

30. Indemnification.

You agree to defend, indemnify and hold harmless provider and its subsidiaries, agents, managers and other affiliated companies and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees and costs of litigation arising out of or relating to:

(a) your use of the website or the service, including any data or work transmitted or received by you or any service provider;

(b) any other party's access and use of the website or the service with your unique identifiers, except where you have previously notified provider that you believe such Identifiers are no longer secure and confidential and have taken the steps required by provider to secure new identifiers;

(c) your connection to provider's site;

(d) your violation of these Terms and Conditions or our Privacy Policy;

(e) your violation of any rights of a third party or service provider; or

(f) the provider’s own sole negligence including the negligence of its officers, directors, agents, employees and affiliates.

 

31. Waiver/Severability.

The failure of provider to require or enforce strict performance by you of any provision of these Terms and Conditions or its Privacy Policy, or to exercise any right under them, shall not be construed as a waiver or relinquishment of provider's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms and Conditions and our Privacy Policy are intended to be severable. If for any reason any provision of these Terms and Conditions or our Privacy Policy shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions or Privacy Policy, which shall continue to be in full force and effect.

 

32. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the website, our Terms and Conditions or our Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose unless otherwise protected by law.

 

33. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

34.  General

Buyer may not assign this Agreement without Seller's written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the Jurisdiction oft he State in which „WOW“ ITZ Limited is registered, without giving effect to conflicts-of-law rules; and in the event of a dispute under this agreement; Buyer submits to the exclusive jurisdiction and venue of the courts as defined by „WOW“ – ITZ Limited and hereby waives any objection to such jurisdict.

Only the English version of this agreement shall be considered as viable in any and all legal dealings. Interpretations other than those given by „WOW“ – ITZ Limited shall not be taken into consideration for any clarifications on any of The Terms and Conditions listed.

 

35. Entire Agreement.

These Terms and Conditions and our Privacy Policyconstitute the entire agreement between us with respect to the subject matters covered therein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions, our Privacy Policy or our terms of service, will be effective only if in writing and signed by provider.Users are reminded to print all transaction data, payment methods and these Terms and Conditions, our Privacy Policy and terms of service in order to avoid misunderstandings at a later time.

 

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