Overview
The following General Terms & Conditions (“Terms”) shall apply exclusively to the business relationship between SumoBid (“SumoBid”), its internet platform www.sumobid.com (“Website”) and our users (“User”). By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website operates.
The User understands that any bidding advice or other written advice posted on the Website are provided solely as suggestions and are not intended to be relied upon. SumoBid is not responsible for any actions taken due to a user or other person having read or been told about such advice.
Note: We would like to advise all users to monitor their bidding practices. Placing bids online at www.sumobid.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.
Eligibility / Registration / Disqualification
By placing a bid on the Website, the user declares that they are legally capable of entering into binding contract. A User must be at least 18 years old (or the age of majority in his/her jurisdiction) in order to register and use an Account on SumoBid.com. It is SumoBid’s policy that Partners, Shareholders and Staff of SumoBid Inc. are not eligible to participate in any SumoBid auctions.
SumoBid’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. SumoBid reserves the right to exclude anyone it has reason to believe is such a commercial reseller from participation in auctions and to close their user accounts at any time.
Each user may register only once using their postal address. Registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user registration per household is permitted.
During the registration process, the user must choose a username. The username should be appropriate, not offensive, obscene, or offend common decency. The username should also not infringe the intellectual property rights of third parties. If for any reason a username is illegal or in breach of any of these Terms, SumoBid can replace this username without prior notice.
During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. The user shall be liable for all activities that are undertaken using the user account together with the associated password.
SumoBid Inc. reserves the right to temporarily or permanently disqualify a User, or disable their account at any time, and at its sole discretion when in a reasonable opinion of SumoBid that a User has violated The SumoBid Terms and Conditions and/or any laws of third parties. In case of a breach of these Terms or any other laws/regulations, SumoBid Inc. reserves the right to withhold deliveries or refunds for bids without exception.
SumoBid reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of their successfully finished auctions. Without limitation, it shall be a breach of these Terms if a user provides any information that is false, inaccurate or misleading, if the user engages in any unlawful activity in connection with the Website, or if the user creates or attempts to create interference with the proper working of the Website.
Purchasing Bids / Bonus Bids
Rights to bid in an auction (“bids”) must be paid for by users prior to online bidding. Bids can be purchased in packages (“SumoPacks or Bid Packs”) at the prices in force at the time of purchase. Details can be found at “My Account” under “Buy Bids”.
Payment can be made by credit or debit card or via payment agents such as PayPal. Should a payment not be honored by a user, a returned payment fee will be charged to the user. Certain bids (ex. "Free Bids" or “Voucher Bids”) are valid only for a limited time. Upon expiration of the time stated, the bids expire and no refund is available. SumoBid Inc. reserves the right to block access to the User’s Account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bidding
SumoBid offers two ways to bid online. Bids can be placed by physically clicking on the bid buttons, or can be placed automatically using the SumoSID application. Once a bid is placed, it is deducted from the user’s bid account.
SumoBid has an automated bid placing system ("SumoSID") in place which once set by the User can place bids on their behalf. SumoSID (Strategic Input Delivery) 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 SumoSID. SumoSID which can also be referred to as "AutoBidder" places bids regardless of whether the User is interacting with SumoBid. More information about the specific functions of SumoSID is available in the “Help” section of SumoBid.
The system will process SumoSID bids within the last 10 seconds of an auction. Any SumoSIDs which have not placed their maximum number of bids, have a minimum price less than or equal to the current auction price, and have their maximum price greater than or equal to the current auction price, will place bids. If more than one SumoSID can place a bid at a price, the SumoSID which has been set up earlier will go first. If multiple SumoSIDs overlap, they will continue placing bids in rapid succession until only one SumoSID is able to place bids according to its specifications. One User cannot set up multiple SumoSIDs which overlap in their price ranges. At certain times, the system may be processing prior SumoSIDs and may not allow the addition of new SumoSIDs because an overlap would occur, although the user interface may not reflect any active SumoSIDs. Such a situation is normal and the User is advised to place manual Bids if he wishes to continue bidding.
Auctions
With each bid placed the price of the item on which the user is bidding increases by the amount designated on the Website by SumoBid. A bid submitted by the user conveys the willingness of the user to enter into a binding contract with SumoBid Inc. for the item offered at the price of that bid. In the event that bid is the last bid made at the end of an auction, the bid constitutes a binding contract with SumoBid Inc. to purchase the auction item at the bid price and under the conditions set out in the pages which provide the details for each specific auction. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the necessary steps to purchase the item won (See Auction Win Acceptance).
During the final 10 seconds, each new bid placed resets the “countdown timer” which displays the time remaining in the auction. For more information, please consult the Help section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids on the item expire and, as indicated, are non-refundable. The last bidder is determined according to the records in SumoBid’s database. SumoBid’s determination of the last bidder shall be final.
For certain items, the User will have the option to purchase the item immediately at a price pre-determined by SumoBid.com by using our “Buy Now” option. The User can purchase the item right away at the set price without waiting for the auction to end. The User agrees and acknowledges that the set price shall not be the same as the auction price and commits to purchasing the item at the pre-determined price. The User agrees and acknowledges that once the Buy Now option has been selected he/she shall be responsible for purchasing the item and will be charged accordingly.
Users are limited to winning 4 auctions per week or 8 total per month. After a person has won four auctions in one particular week or eight total in one particular month, they will not be allowed to place any more manual bids or add SumoSIDs to auctions which are ending before the end of the week. SumoBid determines a week to start on Sunday at 12:00 AM and ends on Saturday at 11:59:59 PM. SumoBid Inc. reserves the right to change the won-auction limit at any time without prior notice.
Auction Win Acceptance
After an auction has ended; you must actively confirm and pay the total price for the won auction. Once you have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, SumoBid reserves the right to withdraw the offer to conclude a contract. At that time the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to you until the total price has been paid to SumoBid. An invoice containing the auction price and shipping costs will be sent to You by SumoBid once delivery has been arranged.
Should bids that have already been purchased and used by a user not have been fully paid for, payments subsequently received from this user shall be treated as payment toward the bids not yet fully paid for. SumoBid reserves the right to retain the item purchased at auction until all bids and the total price have been paid for in full. SumoBid reserves the right to charge the winner reasonable storage charges for items not paid for.
SumoBid reserves the right to publish the name, region, address, and photograph of any winners. This rule is one of the conditions of participating on the Website which allows SumoBid to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue. As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your win. The following rules apply to the photo session:
1. The winner's face must be uncovered
2. SumoBid might require photo ID to confirm the winner’s usual appearance. If a winner refuses to comply with these rules, SumoBid reserves the right to suspend payment of the prize.
The information gathered may be used to write a press release sent to the media. Your win will also likely appear in one of SumoBid’s commercials, including but not limited to, television and radio, as well as on the Website.
Returns & Cancellations
SumoBid grants winners the right to cancel a purchase for a full refund of the auction end price even if the goods are not defective in any way, subject to the following limitations. This cancellation right terminates at 5 pm on the day which is fourteen days after the day on which a winner receives the goods or a notification that the goods are ready for collection.
The right to cancel does not apply in the event the item consists of audio or video recordings or computer software whose packaging has been unsealed after delivery or collection. These items are not eligible for return or refund. Sets or boxes can only be returned in their entirety.
If a winner wishes to cancel the contract within the fourteen day period, they must inform SumoBid in writing (by letter or email). The winner must retain proof that the writing was transmitted within such 14 days. Cancellations by phone will not be accepted.
The following contact details must be used:
SumoBid Inc.
3894 Tampa Rd.
Ste. C
Oldsmar, FL 34677
support@sumobid.com
In order to validly complete cancellation, a winner must return the product or products in new condition. 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 are found to be defective). 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/she will have to pay compensation to SumoBid and the amount refundable will be reduced proportionally.
Should SumoBid incur costs because the winner has not included sufficient postage or other carrier or transport costs paid by the winner for the return were not sufficient, these costs will be deducted from any payment remitted to the winner.
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. Please check notifications on the pages which provide the details on each specific auction in advance.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. SumoBid shall be entitled to engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item or packaging during transport shall be reported to SumoBid by the winner upon taking delivery.
Should SumoBid not be able to deliver the item ordered, SumoBid shall promptly notify the winner if it can deliver a comparable substitute product that has the same or better features. The winner shall then promptly notify SumoBid if he/she wishes to receive this substitute or if he/she prefers to receive a refund. You agree that the item delivered shall remain SumoBid's property until payment of the total price is received in full; including the shipping and bids used in the auction.
If there is a defect in the product received and the winner wishes nevertheless to retain the product and receive compensation from SumoBid for the reduction in value arising from the defect, the winner must provide SumoBid with reasonably sufficient evidence of the defect and the reduction in value. The winner must make such claim within the fourteen day period set out above and according to the same conditions.
Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website
User expressly agrees that use of the Website is at user's sole risk. Neither SumoBid Inc. 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.
The Website is provided on an "as is" basis. To the maximum extent permitted by law, SumoBid disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, SumoBid does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that SumoBid is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will SumoBid, or any person or entity involved in use of a SumoBid auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above, neither SumoBid, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned there by. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither SumoBid, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Disclaimer of Warranty and Limitation of Liability regarding Purchases from the Website
All new products are sold with the manufacturer's limited warranty only. SumoBid warrants solely that the products sold to user under these Terms shall have the characteristics specified in the Website’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 SumoBid. Warranty is excluded with respect to any products which are used products and Bid Packs.
Except for the warranties set forth above, SumoBid makes no other warranties, either express or implied, with respect to the products, or any related services performed by SumoBid or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.
SumoBid shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the winner or any other person following delivery by SumoBid. In no event shall SumoBid be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.
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 halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. 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 auction will be credited back to Your account; however, SumoBid is not responsible for any other costs incurred by You due to a system outage. The Website shall indicate when an auction has been temporarily halted. It is the user’s responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). SumoBid, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.
Claims By Users
SumoBid in good faith shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. SumoBid expects the same from its users. If a user does not make an attempt to resolve a dispute before initiating a claim procedure, their account will be deactivated immediately. Chargebacks occur when a user cancels, disputes, or places a claim in regards to a payment made to SumoBid. All chargebacks are taken seriously and will be investigated. If a chargeback is made for a valid payment to SumoBid, the chargeback will be vigorously disputed. The User will be liable for any money owed after the conclusion of the chargeback procedure, plus a $35.00 chargeback fee. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service by sending an e-mail to support@sumobid.com.
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.
Privacy Policy
The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.
Trademarks and Copyrights
The mark SumoBid.com and SumoBid's logos and design marks are trademarks of SumoBid Inc, 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. SumoBid claims copyrights in all content of this site.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and your use of the website shall be governed by the laws of the United States of America, and the state of Florida without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or Florida State Court.
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access SumoBid and the services provided. The laws governing auctions, contests and tournaments are set up by each individual state, not by the federal government. VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account and/or participate in auctions offered by SumoBid while located in a prohibited Jurisdiction, You will be in violation of the law and these Terms & Conditions, and subject to having Your account suspended or closed permanently. You agree that SumoBid cannot be held liable if laws applicable to You restrict or prohibit Your participation.
The UN Convention on the International Sale of Goods shall not apply.
External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites.
The operators of the sites linked to and from this site are solely responsible for their contents. These links are provided strictly for your convenience and SumoBid does not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
General
The contract between SumoBid 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 General Terms or any of their rights or obligations without SumoBid’s prior written consent.
SumoBid has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting SumoBid’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in SumoBid’s system capabilities.
All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or SumoBid notifies its users of the changes to such policies or General Terms before SumoBid sends information relating to delivery (in which case SumoBid has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).
This Agreement and any operating rules for the Website established by SumoBid 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. No waiver by either party of any breach or default as provided for under these terms and conditions shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used within this terms and conditions are for convenience only and shall not be given any legal import.
Effective Date: June 24, 2010 -- Last Updated: June 24, 2010
