Last update: Nov 17, 2011
The www.for10cents.com website is operated by For10cents.com, Inc., a corporation registered in the state of Delaware. The company’s headquarters is located at 145 S. Northwest Hwy., Park Ridge, Illinois 60068.
Terms & Conditions
General Rules
The following General Terms & Conditions (“Terms & Conditions” and/or "Agreement") are provided to govern the relationship between For10cents.com, Inc. (aka "for10cents" or "for10cents.com", ”Operator”, “We”) and the end user (“User”, “You”, “Your”).
These Terms & Conditions constitute the entire agreement between for10cents.com and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and for10cents.com with respect of Your use of for10cents.com’s site.
For10cents.com reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit for10cents.com. You understand and agree that if you use for10cents.com’s web site after the date on which the Terms & Conditions have changed, for10cents.com will consider Your use as acceptance of the updated Terms & Conditions.
Acceptance of Terms & Conditions
If You do not agree to these Terms & Conditions, do not use for10cents.com’s web site.
By using the Services of for10cents.com, You accept the Terms & Conditions and the manner in which for10cents.com operates. By accepting the Terms & Conditions, You confirm that You are eligible (as specified in the "Eligibility" section) to use for10cents.com site.
You may not use the Services and may not accept the Terms & Conditions if (a) You are not of legal age to form a binding contract with for10cents.com, or (b) You are a person barred from receiving the Services under the laws of the United States
The following terms used in the Terms and Conditions mean:
1. Auction- Sale of a product pursuant to and within the framework of these Terms & Conditions.
2. Auction Parameters- Information relating to a particular Auction, such as: name and description of item being auctioned, manufacturer's suggested retail price, auction end time, bidding cost, shipping cost for the item.
3. Auction Winner– the User with the highest bid at the end of the auction, as determined by the clock on for10cents.com’s servers.
4. AutoBid- A Bid made by the automatic system with parameters selected by and with the permission of the User.
5. Bidding- Execution of one of the Service functions that allows User to express the buying interest in an auctioned item. It is also an agreement to purchase the item for the final price reached at the auction.
6. BidPacks- Packages of Bids available for purchase that are required to participate in auctions.
7. MerchandiseItem - Products available for sale at auctions (excluding BidPacks).
8. Purchase Price– Final auction price that the auction winner pays for an item.
9. Operator – for10cents.com.
10. Reward Points -In any single auction, all users who did not win the auction will be entitled to receive Reward Points calculated as 10% of bids they spent during this auction.
11. Service- Online transactions made available to users by the Operator, servicing domain of www.for10cents.com.
12. Terms & Conditions- This Agreement.
13. User Account/Account- User's personal information and history of participation in actions on the website that is maintained by the Operator.
14. Username - a name that uniquely identifies a user on for10cents.com’s computer system.
15. User/You/Your- Physical person, eligible to use this Service according to these Terms & Conditions, who is registered with this Service and has access to his/her own User Account.
Eligibility to Use the Service
Registration and/or use of www.for10cents.com website is granted only to a physical person 18 years of age or older and to a person who has not been previously banned or suspended from our service for violation of the Terms & Conditions. If You are currently banned or suspended from this service and attempt to re-register, an automatic freeze will be placed on Your account and Bids awarded and/or purchased will be forfeited.
1. Minimum Age Declaration
a. By registering and/or placing a bid on www.for10cents.com, You declare that You are at least 18 years old and capable of entering into a legally binding contract. For10cents.com does not take responsibility for verifying User's age.
b. If You are a minor (under 18 years old), the use of the website constitutes evidence to the fact that You have been granted the permission of your parents or guardians to do so.
2. Commercial Users
For10cents.com’s products and services are offered exclusively to private users and not to commercial or partially commercial resellers. The resale of any items won at our auctions is strictly prohibited and constitutes a violation of the Terms & Conditions. If you are a commercial reseller, for10cents.com reserves the right to exclude You from participation in the auctions and terminate Your account at any time.
3.Employees and Relatives of for10cents.com
For10cents.com’s employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as the employees are prohibited under any circumstances to participate in for10cents.com’s auctions.
Prohibited Fraudulent Activities
Fraudulent activities or behavior are strictly prohibited as they violate rights of other users and rights of for10cents.com. Examples of such prohibited fraudulent activities include, but are not limited to:
1. Use of illegal bidding software-the use of bidding software or bid tracking software.
2. Collaborative Playing- includes among other: entering into a collusive agreement with other users; sharing usernames; using one or more of the following in conjunction with multiple user accounts: billing and shipping address; email address; credit card number; bank account number; and computer IP address.
3. Multiple Accounts Violation- creation of multiple accounts by the same individual.
4. Providing False Information- Information provided by You upon registration and making payment for an item or bids must be truthful and correct. It is a violation of the law to make transaction and submit bids using a false name, credit card or any other fraudulent information. Such orders may be rejected, even if we initially accept it. Submission of such orders can result in permanent termination of Your account, withholding, cancelling or retaining of your pending deliveries and /or refunds for bids as well as facing legal and/or criminal consequences.
5. Canceling Transaction without a Valid Reason- If You purchase bids and participate in an Auction and then notify Your credit card company, PayPal or Your bank to cancel the transaction without receiving a written consent from for10cents.com, You may be committing a criminal offense and civil tort. In such event, for10cents.com reserves the right to initiate legal procedures against You.
Registration
1. Registration is free of charge and with no obligation to use the Service.
2. Only individuals (not entities, companies, trusts, co-ops, etc.) may open an Account.
3. You agree not to have more than one user account. In addition, only one user account perhousehold is permitted(exceptions may apply – please contact our customer service).
4. Each User account shall have a unique, distinct, and separate: billing and shipping address; email address; credit card number; bank account number; and computer IP address. Using such data in conjunction with multiple user accounts constitutes violation of these Terms & Conditions.
5. You must provide true and correct information when registering and making a purchase.
6. You must provide a postal address where You reside. No P.O. Boxes or similar arrangements are permitted and no shipment will be sent to such.
7. Accounts and bids are non-transferable.
8. You cannot change your Username after the registration is confirmed. Your registration will be confirmed by email within 24 hours after submission. Unconfirmed registrations will be cancelled.
9. The username You select must not be offensive, rude, disparaging or intended to deceive or delude other for10cents.com users.
10. You are responsible for keeping Your account password confidential to prevent unauthorized use by anybody, including your own family members.
11. Your Username may not advertise for other websites or services or violate the intellectual property rights of any third party.
12. You cannot use another User's account and cannot make your account available for use to others. You are responsible for keeping Your User account password confidential.
13. For10cents.com will never ask for Your password apart from Username, nor should it ever be provided to anyone, including for10cents.com employees.
14. For10cents.com will not be liable for your losses caused by any unauthorized use of your Account, whereas You may be liable for such losses of for10cents.com or others relating to any such unauthorized use.
15. You agree to be liable for any offensive or unlawful activities that are undertaken using Your account.
Purchasing Bidding Rights
1. Bidding rights or bids (“Bids”) must be purchased and paid for prior to bidding. Bids can be purchased in packages (called “BidPacks”).
2. For10cents.com will be happy to refund any unused purchased bids. However, bids that have already been placed on an auction are considered "used" and are deducted from Your account. Such bids are non-refundable, irrespective of whether or not You have won the auction.
3. Bids are non-transferable.
4. Bids expire after 12 months from the date of their purchase.
5. Free and promotional Bids are valid until the termination of Your Account, either by You or by for10cents.com, and/or until their expiration as stated in a promotion. Such Bids are non-refundable.
6. Should You or Your Bank not honor a payment for Bids, You will be charged a returned payment/chargeback fee. For10cents.com reserves the right to block access to Your account and to withhold any outstanding deliveries until a full payment of the invoice amount is received, including any fees due to returned payment, etc.
Winning Limitations
The goal of the following winning limitations is to make bidding on www.for10cents.com more equitable and thus more enjoyable for every User:
The general limits are:
· 16 auction wins for all 3 auction types in any 28 day period
· Maximum 2 wins per day
Additional restrictions:
· Platinum Auctions: maximum 3 win per 28 days
· Gold Auctions: maximum 15 wins per 28 days
· Silver Auctions: maximum 5 wins per 28 days
In addition, there is a maximum number of wins per 28 days in each of the following product categories:
· Computers (3 wins per 28 days)
· Cameras / Camcorders (3 wins per 28 days)
· TVs / Home Theater Systems (3 wins per 28 days)
· Gift Cards / Cash Vouchers greater than $100 (3 wins per 28 days)
· BidPacks (12 wins per 28 days)
Reward Points Program
1. During any single auction, all Users who did not win the auction will be entitled to receive Reward Points calculated as 10% of Bids they spent during this auction.
2. The Reward Points will be tallied and displayed in the "Reward Points" column of a user account.
3. Reward Points can be redeemed for free Bids by purchasing promotional BidPacks with special Reward Point conversion offers. Please see our “Bid Prices” section for more details.
The Auction Process
You hereby understand and agree to the following:
1. Placing a Bid on an auction by You constitutes an irrevocable offer to purchase the auctioned item under these Terms & Conditions.
2. With each Bid or AutoBid the item's price increases from its current price by the amount of the Bid or AutoBid placed. In auctions where more than one user uses AutoBid, the current price is increased by the total of Bids of the users that use AutoBid.
3. Each auction has time listed next to the product image (either “Soon” or a specific time in hours/minutes/seconds). The timer indicates when the auction will enter its active bidding phase. Before the auction enters its active bidding phase, You can place only one bid, to receive email/text notification about the auction commencement.
4. Every auction ends when the remaining time reaches zero and 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 Your account nor will You be eligible for a refund for such Bids.
5. The end of an auction is indicated as "Sold" on the auction page.
6. The current price at the end of the auction becomes the sale price. At this point, a contract to purchase the item has come into effect between the auction winner and for10cents.com. If You win an auction, you will need to pay the final auction price and applicable shipping charges found on the auction details page.
7. For10cents.com, at its own discretion, may retain the item purchased at auction if the auction winner has any unpaid balances to for10cents.com.
8. For10cents.com reserves the right to add, reschedule or remove products from its website at anytime without notice. All bids placed on such cancelled auctions will be credited back to the users’ accounts.
Winner Determination
1. Auction ends when the remaining time reaches zero and the user who was the last to place a bid wins the auction.
2. Please be aware that the time visible in the auction details is an approximation which may be affected by network delays. The final decision of when an auction closes is based on the timer used by for10cents.com servers.
3. The last bidder/the auction winner, is determined based on the records in for10cents.com's database and such decision is final.
4. For10cents.com does not represent or warrant that your Bid will be timely received or accepted by our site and You understand that our receipt of your Bid depends on several factors, some of which we have no control over, including your Internet connection, the equipment You use to access our site, and other technological and/or telecommunication-based factors. You agree that for10cents.com shall be held harmless from and against any and all claims, causes of action, expenses, costs, or losses arising from or related to any transaction in which Your Bid is not received, delayed or otherwise rejected by For10cents.com.
5. Rules that do not apply to Peek-a-Deal Auctions
6. Rules related to AutoBid, the auction clock, winner determination, the auction process, and winning limits do not apply to Peek-a-Deal Auctions.
Auctions Verification and Cancellation
To protect our Users’ rights, for10cents.com uses several monitoring and verification procedures to screen for suspicious activities, examine all auctions for any illegal manipulations, and to ensure that rules of the Terms & Conditions are followed. Consequently, all auctions are subject to verification (usually within 48 to 72 hours after the end of an auction) and possible cancellation at for10cents.com discretion. We apologize for the inconvenience and a delay this may cause in processing of any legitimate transaction, but this process ensures the protection of for10cents.com users and itself.
Acceptance of the Win & Payment
If you win an auction, you must actively confirm your win and purchase the auction item (including shipping costs) within ten (10) days of the auction end date. If an auction win has not been confirmed and purchased within ten (10) days, for10cents.com reserves the right to withdraw the offer to conclude a purchase contract and your right to pay for and receive delivery of the auction item will be revoked. All bids placed in that auction expire and are non-refundable.
Cancellations and Returns
If You win an auction, You may cancel a contract to purchase the item You won by notifying for10cents.com in writing within ten (10) days from the date of the Auction in which the particular item was won. Once You have received the item, You may return it within ten (10) days of delivery for any reason, subject to fees listed below, provided that (i) You have first contacted for10cents.com customer service in writing (by letter or email), (ii) the item is still in its original packaging, and (iii) it is not damaged or used.
Upon cancellation or return, You will be entitled solely to a refund of the auction sale price and not the shipping cost and any Bids placed on the auction.
Items such as computer software, books, and audio or video recordings that have been unwrapped are not eligible for cancellation or refund.
When shipping back an item to us, please use a traceable carrier. If the return is not due to an error of for10cents.com (i.e.- Auction Winner ordered it and then decided later that he/she didn't want it), the Auction Winner accepts full responsibility for all shipping costs plus a 10% re-stocking fee, which will be deducted from the refund.
The following contact details must be used:
For10cents.com, Inc.
145 S. Northwest Hwy.
Park Ridge, Illinois 60068
support@for10cents.com
Refunds are usually issued within 30 days after the return of the product.
Delivery
Auction winner is notified of the estimated delivery date by e-mail after the auction is confirmed and verified by for10cents.com (usually within 48 to 72 hours) and fully paid for by the winner.
You agree that the item delivered shall remain for10cents.com's property until payment is received in full, including the shipping and bids used in the auction.
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). 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.
If, for whatever reason, the ordered item cannot be delivered, for10cents.com will provide the auction Winner with the option to receive a comparable product of an equal value, or to get a refund of the payment for the item won at the auction, the shipping cost (if applicable), and the cost of bids used to win the auction, or to continue to await delivery for up to additional 30 days.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on www.for10cents.com should be made directly to the manufacturer in accordance with their Terms & Conditions. Please be aware that some manufacturers will not honor warranties of products sold through auctions.
Wrong/Defective Merchandise Shipped
In case wrong or defective merchandise was shipped, You must immediately notify for10cents.com (support@for10cents.com) in order to obtain a refund or item replacement.
Obvious damage to the item or to packaging from transport is to be reported to for10cents.com immediately upon accepting the delivery.
If for10cents.com accidentally sends wrong merchandise or the item is delivered defective, we will accept responsibility for all shipping costs related to the return.
New item/correct item will be re-shipped free of shipping and handling costs.
When shipping back the incorrect item to us, please use USPS 1st Class Mail or Priority Mail. If the package is too large or very valuable, please feel free to contact for10cents.com so that we can arrange the return.
Account Termination
1. Termination by You:
You have the right to terminate Your account at any time. You may do so either by not using your account or closing it in accordance with for10cents.com's standard procedure.
2. Termination by for10cents.com:
a. For10cents.com reserves the right to temporarily or permanently terminate Your account at its sole discretion, with or without notice if it determines that You have violated these Terms & Conditions, any laws, or the rights of other Users or other third parties or that You have acted in a manner which shows that You do not intend, or are unable, to comply with the provisions of our Terms & Conditions. You agree that in such cases for10cents.com may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.
b. If for10cents.com terminates Your Account for any reason other than your violation of these Terms & Conditions, any laws, or the rights of our other users or other third parties, then for10cents.com shall return to you the balance of purchased and unused Bids (but not promotional and/or free Bids received).
Information Inaccuracy Disclaimer
From time to time there may be information on the website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. For10cents.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If a product offered by for10cents.com is not as described, your sole remedy is to return it in an unused condition pursuant to our return policy.
No Warranty
FOR10CENTS.COM AND ITS SUPPLIERS, (SUCH AS BUT NOT LIMITED TO, UTILITIES, INTERNET SERVICE PROVIDERS, CONSULTANTS, ETC.) PROVIDE THE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. OUR SUPPLIERS AND WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state.
Limit of Liability
YOUR USE OF FOR10CENTS.COM IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY FOR10CENTS.COM, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
FOR10CENTS.COM WILL NOT BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS, EXPENSES OR INJURY (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENCIAL OR INCIDENTAL DAMAGES, CLAIMS, EXPENSES OR INJURY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, EXPENSES OR INJURY) THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEB SITE, OR FROM USE OF THE SERVICES PROVIDED HEREUNDER, OR IN CONNECTION WITH ANY BUYING, SELLING, TRADING, ADVERTISING, AUCTION, OR OTHER FACILITIES OF FOR10CENTS.COM OR FROM YOUR USE OF ANY OTHER WEB SITE WHICH IS ACCESSIBLE FROM THIS WEB SITE.
Liquidated Damages
Users shall be limited solely to the recovery of liquidated damages on any claim relating to or arising out of the use of the for10cents.com website. The liquidated damages shall not operate as a penalty but rather shall equal the total amount of money expended on all bids during a single auction, or the retail value of the item which is the subject of the auction, whichever is less.
Outage Policy
For10cents.com's highest priority is to allow its Users to have access to the site every minute of every day. However, for10cents.com may occasionally experiences an interruption of service during which Users cannot place bids. Interruptions in service may be due to regular maintenance and hardware upgrades, or interruptions that are out of our control. In the event of such an interruption, the Users will be notified that the Auction is temporarily suspended. During such time, Auctions will be maintained at the bidding price according to the highest bidder at the time of the interruption in the best manner possible. Once the interruption is resolved, the Auction will continue in the same state at which it was just prior to the interruption. Users are not eligible for refunds of bids placed during an Auction which has been halted due to an interruption or outage. In addition, for10cents.com shall not be liable for any damage whatsoever incurred by Users or third parties from using for10cents.com's services. For10cents.com shall not be liable for damage that occurs due to bids submitted by Users not being received, confirmed, or accepted as a consequence of technical interruptions.
Trademarks
For10cents.com's logos are trademarks of For10cents.com, Inc. All rights reserved. All other trademarks appearing on www.for10cents.com are the property of their respective owners.
Applicable Law / Severability Clause
This Terms of Use Agreement and your use of the website shall be governed by and construed in accordance with the internal laws of the State of Illinois, and its validity, construction, and performance shall be governed by the laws of the State of Illinois applicable to agreements made and to be wholly performed therein. Should any dispute or controversy arise between the parties hereto with reference to this Agreement, the parties shall first attempt to settle such dispute or controversy by arbitration through the American Arbitration Association. Accordingly, in such event, any action or proceeding brought by any party hereto shall be submitted to arbitration to the American Arbitration Association in Delaware. This arbitration provision shall remain in full force and effect notwithstanding the nature of any claim or defense hereunder.
External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do 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.
Collection, Processing, and Use of our Customers' Personal Information
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.
General Legal Terms
The User agrees that its rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of For10cents.com. Subject to the foregoing sentence, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
If any provision of these Terms & Conditions is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The parties agree to renegotiate in good faith any term held invalid and to be bound by the mutually agreed substitute provision.
The prevailing party in any legal action brought by one party against the other and arising out of these Terms & Conditions shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorney's fees.
For10cents.com is the owner or licensee of all intellectual property rights on the for10cents.com website and the material published therein. Any reproduction of the works protected by copyright, trademark, or patent laws is strictly prohibited.
Odds of Winning Auctions
You understand and agree that every auction is unique and the results of all auctions offered on for10cents.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions. Precise odds of winning are therefore unavailable.
Bidding Practices
We advise all Users to monitor their bidding practices. Users placing bids at www.for10cents.com frequently or repeatedly can incur high costs. Please monitor your bidding practices and your costs of bidding on a regular basis.




