1. General / Overview

The following General Terms and Conditions shall apply exclusively to the business relationship between Blitzpenny Entertainment Shopping, Inc., its internet platform www.blitzpenny.com ("blitzpenny") and our users. By using blitzpenny, the user accepts the following General Terms and Conditions, as well as the manner in which blitzpenny and its “BidButler” operate as described on the website www.blitzpenny.com. Variations or alterations in the following Terms and Conditions shall only be binding upon Blitzpenny Entertainment Shopping, Inc. if agreed to in writing.
Any special promotions run by blitzpenny shall only be valid if they are announced on blitzpenny’s website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Any bidding advice or other written materials (for ‘Help’) posted on blitzpenny are provided solely as suggestions and are not intended to be relied upon. blitzpenny is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

2. Eligibility to Participate / Registration with “My blitzpenny” / Disqualification

By placing a bid on blitzpenny, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. Employees and relatives of employees of Blitzpenny Entertainment Shopping, Inc. are not eligible to participate in blitzpenny auctions under any circumstances. blitzpenny’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. blitzpenny reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time.
Each user may register only once using their postal address (registration using PO 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 must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If blitzpenny receives information of a username which is illegal or in breach of these Terms, this username can be amended by blitzpenny without prior notice. The corresponding user password 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. Any abuse of the user account, be it to the detriment of third parties or to the detriment of blitzpenny, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

blitzpenny reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of blitzpenny, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of blitzpenny. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, blitzpenny reserves the right to withhold deliveries or refunds for bids.

Furthermore, blitzpenny reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.

3. Bid Purchasing for Online Bidding / Payment / Validity of Bids

Bidding rights, so-called “bids”, must be purchased and paid for by users prior to online bidding. Bids can be purchased in packages (so-called “BidPacks”) at the currently applicable prices, which can be viewed in “My blitzpenny” under “Buy Online Bids”.

Payment can be made by credit/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. The user will be responsible for these fees. blitzpenny 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.

Bids and Voucher Bids are valid for one year after they have been credited to a user’s account.

Free Bids are only valid for the time stated in the promotion, in general only 7 days. Upon expiration, they become void and can no longer be placed. Once a Bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded. Refunds will not be issued for Bids placed in an auction, expired Bids, Voucher Bids and Free Bids. For further information on refunds please see our Refund Policy.

4. Bidding / Use of the BidButler

Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a BidButler. The BidButler assists bidders in being able to bid on an auction even if they are not online at that time. The BidButler automatically submits bids according to the specifications set in advance by the user. The user can read about how the BidButler operates in the “Help” section. The user is prohibited from using bidding software not authorized by blitzpenny, and doing so will result in immediate disqualification from use (see clause 2: Eligibility and the Acceptable Use Policy). 

5. How the Auctions Work / blitzpenny it Now

With each bid placed the price of the item on which the user is bidding increases by the amount specified. A bid submitted by the user constitutes willingness of a user to enter into a binding contract with blitzpenny and in the event of a successful finishing of an auction, the claim to receive a purchase offer for the item of the auction under the conditions set out in the related 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 steps as set forth in clause number 6.

Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually, 10, 15 or 20 seconds). The one exception to this rule is when two BidButlers bid against one another. 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 placed on the item expire and will not be credited back to the user's account or be eligible for a refund. The last bidder is determined based on the records in blitzpenny's database and blitzpenny's decision regarding who is the last bidder shall be final (save in the case of manifest error).

Some auctions offer the “blitzpenny it Now” option, where the users can purchase the product during the time stated. When a bidder clicks on the “To Secure Payment” button, the user agrees to buy the product for the personalized purchase price. This price is based on the user's number of bids placed at that particular auction. Freebids do not count towards the personalized purchase prize. After buying the product with the blitzpenny it Now option the user may no longer participate in that particular auction. The final total purchase price (including sales taxes and shipping costs) must be paid in full by the user within 14 days of the blitzpenny it Now option being exercised. If payment is not received within this time, blitzpenny is allowed to withdraw from the purchase contract. Refunds will not be issued for Bids placed in an auction and shipping costs.

6. Acceptance of the Win / Payment

 After an auction has ended, the last bidder (“winner”) must go to “My blitzpenny”. Here, information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or else where on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 21 days of the auction end date, blitzpenny reserves the right to withdraw the offer to conclude a contract and 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. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.

The item will not be sent to the user until the total price has been paid to blitzpenny. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. blitzpenny reserves the right to charge the winner reasonable storage charges for items not paid for. If any user win a product and not paying the total price of that product and after that he/she won another product then blitzpenny.com not going to give the second product because user not pay for first one. In this case blitzpenny refund all the bids which user placing on second product auction.

7. Returns and Cancellations

blitzpenny grants winners the right to cancel 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 they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end fourteen days after the day on which a winner received the goods or a notification that the goods are ready for collection.

An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund. If a user wishes to cancel the contract, they must inform blitzpenny in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.

The following contact details must be used:
Blitzpenny  Entertainment & Shopping  Inc.
support@blitzpenny.com
In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable. Should blitzpenny incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.

8. 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 provinces and territories of Canada and the 50 states of the United States (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and world wide. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. blitzpenny shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to blitzpenny upon taking delivery. Should blitzpenny not be able to deliver the item ordered, blitzpenny shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price to the user based upon the user’s preference.

9. Disclaimer of Warranty and Limitation of Liability regarding the Use of Blitzpenny.

User expressly agrees that use of blitzpenny is at user’s sole risk. Neither blitzpenny, its owners, affiliates, related parties nor any of their respective employees, agents, third party content providers or licensors warrant that blitzpenny will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of blitzpenny, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through blitzpenny.
Blitzpenny is provided on an “as is” basis; to the maximum extent permitted by law, blitzpenny 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 of fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dialing or course of performance. In addition blitzpenny entertainment shopping 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, 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 blitzpenny entertainment shopping 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 blitzpenny entertainment shopping, or any person or entity involved in use of a blitzpenny 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 blitzpenny. user hereby acknowledges that the provisions of this section shall apply to all content on blitzpenny. In addition to the terms set forth above, neither blitzpenny, nor its owners, related parties, employees, agents, 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 or on blitzpenny, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. 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 damages, or consequential damages. neither blitzpenny entertainment shopping nor its affiliates, owners, related parties, employees, agents, information providers or content partners warrant or guarantee or make any representation with respect to the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no representations or warranties as to the results obtained from the use of the information.

10.Disclaimer of Warranty and Limitation of Liability & Indemnity regarding Purchases from Blitzpenny.

All new products are sold with the manufacturer's limited warranty only. Blitzpenny Entertainment Shopping warrants solely that the products sold to user under these terms shall have the characteristics specified in Blitzpenny specifications for such Products as set forth in the description of each auction and makes 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 Blitzpenny Entertainment Shopping. Warranty is excluded for the delivery of any used products. The user agrees to hold Blitzpenny Entertainment Shopping, its related parties, affiliates, owners, employees, and agents harmless and further agrees to fully indemnify any one or more or all of them from any and all costs, expenses, liabilities, and damages whatsoever that may arise as a result of the user's entry into or use of Blitzpenny.

Except for the representations and warranties set forth above,blitzpenny entertainment shopping makes no other representations or warranties, either express or implied, with respect to the products or any related services performed by blitzpenny entertainment shopping or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of merchantability or fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

Blitzpenny entertainment shopping shall not be liable for personal injury and property damage resulting from the improper handling, modification, misuse of the products by the customer or any other person following delivery by us. in no event shall entertainment shopping be liable to any person for incidental or consequential or other damages 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 representation or warranty or otherwise.
 

11.Service and Support for Products Purchased

The laws of the Province of Ontario and the laws of Canada applicable therein without regard to its conflicts of laws principles shall govern these Terms & Conditions and your use of Blitzpenny. The parties hereto unconditionally attorney to the jurisdiction of the courts of Toronto, Ontario, Canada, and all courts competent to hear appeals there from. The UN Convention on the International Sale of Goods shall not apply.

12.Copyright & trademarks

Blitzpenny logos are trademarks of Blitzpenny Entertainment Shopping and/or of its subsidiaries, affiliates, or related parties. All rights reserved. All other trademarks appearing on Blitzpenny are the property of their respective owners and are protected by copyright laws, common law, and international copyright treaties, as well as other intellectual property laws and treaties.

Blitzpenny Entertainment Shopping is the owner or licensee of all intellectual property rights on the Blitzpenny website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved.

Note:

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