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Terms & Conditions
Terms & Conditions
Terms & Conditions
General / Overview
The following Terms & Conditions shall apply to the relationship between TNS Marketing LLC, www.Schnew.com ("Schnew"), and the end user ("You" or "Your"). By using Schnews' services, You accept the following Terms and Conditions, as well as the manner in which Schnew operates. These Terms & Conditions constitute the entire agreement between Schnew and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Schnew with respect of Your use of Schnew.
Information on Schnew.com, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. Schnew.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.
Schnew.com will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.
Schnew.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 Schnew. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@Schnew.com.
Acceptance of Terms & Conditions
By accepting the Terms & Conditions and/or registering with Schnew, You confirm that You are eligible (as specified in the "Eligibility" section) to use Schnew. If You do not agree to the Terms & Conditions, do not use Schnew. If You access, use, or download in any way, any service from Schnew, You agree to and are bound by these Terms & Conditions.
Eligibility
By accepting the Terms & Conditions and/or registering with Schnew, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using Schnew, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from Schnew, You agree to and are bound by these Terms & Conditions.
You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.
Schnew employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Schnew auctions.
Schnew products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
Schnew reserves the right to limit the number of user accounts per household and the number of won auctions per user account. Schnew will not allow a single credit card to be used in conjunction with multiple user accounts. Schnew limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). Schnew limits the number of auctions that a single user account can win in a 30 day period to a maximum of twenty. In addition, a single user account may only win or be winning a maximum of two auctions per 24 hour period. Schnew also limits the number of times a user account can win an item over $285 in value during a 30 day period to one per item. In addition, a user account may only win one item over $999.99 in a 30 day period.
Registering
You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Schnew.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If Schnew.com receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Schnew.com' sole discretion, Your user account may be frozen until You change the username or Schnew.com may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. Schnew.com will never ask for Your password apart from login, nor should it ever be provided to anyone, including Schnew.com' employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage Schnew.com, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.
Referrals
You may refer friends to Schnew.com using the form on the Schnew.com website. Schnew.com offers free bids to any user who refers new users that purchase a bid pack. Schnew.com reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.
Account Termination
TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning or by closing your account in accordance with Schnew.com standard procedure.
TERMINATION BY Schnew.com: Schnew.com reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if Schnew.com suspects fraudulent account activity or behavior. You agree that if Schnew.com, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Schnew.com may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.
Bidding / Bid Purchases / Autobidder
You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Autobidder function. Autobidder is an automated feature which lets You bid on an auction even when You are not online or logged in. Autobidder automatically places bids according to Your instructions. You can read about how the Autobidder operates in the "Help" section.
Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are NOT refundable.
Bid Packs expire after six (6) months. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.
A maximum of 30 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the Schnew.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Schnew.com server(s) hit zero.
Odds of Winning Auctions
Every auction is unique and the results of all auctions offered on Schnew.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.
Acceptance of the Win / Payment
After an auction has ended, You must pay the total price for the won auction. If an auction win has not been paid for within seven (7) days of the auction end date, Schnew.com 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. After 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 Schnew.com. An invoice containing the auction price and shipping costs will be sent to You by Schnew.com once delivery has been arranged.
Throttle bidding or "Throttling"
Throttle bidding is when a bidder continually clicks the bid button over and over, without pause, in an attempt to outbid the high bidder at the exact same time as another bidder places a bid. This will show up in our bid history as two bids at the exact same time. On occasion this may happen if two people happen to click the bid button at the exact same time. If your account has more than 5 occurrences of throttling in any given auction, it is considered a violation of our terms and conditions and your account may be suspended, and all of your bids and wins will be forfeited.
Special Promotions
Any special promotions run by Schnew.com shall only be valid if they are announced on Schnew.com, Twitter, Facebook or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Schnew.com or in our 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.
Schnew.com reserves the right to show additional auctions to You at Schnew.com sole discretion.
Returns / Cancellations
Schnew.com allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a You cancel a contract to which the cancellation provisions apply, You are entitled to a refund of the auction end price (including shipping costs) You have paid 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 14 days after the day the winner received the goods or a notification that the goods are ready for collection.
Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, You are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.
If You wish to cancel the contract, You must inform Schnew.com by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used:
support@Schnew.com
In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You (unless goods are found to be defective). Schnew.com will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a depreciated condition.
Should Schnew.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.
Should Schnew.com not be able to deliver the product ordered or the product won, Schnew.com shall be entitled to substitute the item with an equivalent product acceptable to both Schnew.com and You, or provide a refund of the auction end price, Buy Now payments, and all bids placed by You on that particular auction.
Buy now
The buy now feature is offered on some of our auction to provide an alternative to the bidders of an auction that did not win. The winner of an auction CANNOT purchase the item at the buy now price. Any winning bidder of an auction that submits payment at the buy now price will have their funds rejected and/or refunded. Any said occurrence will be considered fraud and will result in termination of the users account, therefore forfeiting all bids in the users account.
Delivery
Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. Schnew.com 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 Schnew.com upon receipt.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Schnew.com' property until payment is received in full of the total price, including the shipping and bids used in the auction.
Disclaimer of Warranty and Liability Regarding Use of Schnew.com
You agree that use of Schnew.com is at Your sole risk. Neither Schnew.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Schnew.com, or the like, warrant that websites affiliated with Schnew.com, including but not limited to, Schnew.com, 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 Schnew.com may contain inaccuracies or typographical errors. Schnew.com makes no warranty as to the results that may be obtained from the use of Schnew.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Schnew.com. Furthermore, Schnew.com shall not be responsible for any opinions, views, advice or statements posted on Schnew.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Schnew.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Schnew.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF Schnew.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Schnew.com 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.
Schnew.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Schnew.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF Schnew.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, Schnew.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Schnew.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM Schnew.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Schnew.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Schnew.com.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Schnew.com SERVICES OR ITEMS PURCHASED THROUGH Schnew.com, FROM INABILITY TO USE Schnew.com' SERVICES OR ITEMS PURCHASED THROUGH Schnew.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Schnew.com' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of Schnew.com, You should discontinue Your use of Schnew.com.
Disclaimer of Warranty and Liability Regarding Purchases from Schnew.com
All new products are sold with the manufacturer's limited warranty only. Schnew.com warrants solely that the products sold to You under these terms shall have the characteristics specified in Schnew.com' 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.� Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Schnew.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Schnew.com 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.
YOU AGREE THAT Schnew.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Schnew.com. IN NO EVENT SHALL Schnew.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL 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 WARRANTY OR OTHERWISE.
System Outage / Temporarily Paused 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 paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. 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 auctions will be credited back to Your account; however, Schnew.com is not responsible for any other costs incurred by You due to a system outage. Schnew.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Schnew.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Schnew.com shall not be liable for any damage incurred by auction users or third parties from using Schnew.com' services. In particular, Schnew.com shall not be liable for damage that occurs due to bids not being received by Schnew.com, not being received promptly, or not being considered as a consequence of technical errors.
Trademarks
Schnew.com' logos are trademarks of TNS Marketing, LLC. All rights reserved. Any trademarks appearing on Schnew.com are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Schnew.com should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of Schnew.com shall be governed by the laws of the United States of America and the State of Oklahoma 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 state court sitting in Oklahoma.
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access Schnew.com 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 Schnew.com 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 Schnew.com 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.
Protection of Data: 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.
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.
Entire Agreement
These Terms & Conditions constitute the entire agreement between You and Schnew.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by Schnew.com. of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Schnew.com.
Note:
Placing bids online at www.Schnew.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.
General / Overview
The following Terms & Conditions shall apply to the relationship between TNS Marketing LLC, www.Schnew.com ("Schnew"), and the end user ("You" or "Your"). By using Schnews' services, You accept the following Terms and Conditions, as well as the manner in which Schnew operates. These Terms & Conditions constitute the entire agreement between Schnew and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and Schnew with respect of Your use of Schnew.
Information on Schnew.com, such as the "Help" or "About Us" sections, are only recommendations and are not intended as rules or guidelines. Schnew.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.
Schnew.com will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.
Schnew.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 Schnew. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@Schnew.com.
Acceptance of Terms & Conditions
By accepting the Terms & Conditions and/or registering with Schnew, You confirm that You are eligible (as specified in the "Eligibility" section) to use Schnew. If You do not agree to the Terms & Conditions, do not use Schnew. If You access, use, or download in any way, any service from Schnew, You agree to and are bound by these Terms & Conditions.
Eligibility
By accepting the Terms & Conditions and/or registering with Schnew, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using Schnew, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from Schnew, You agree to and are bound by these Terms & Conditions.
You must reside in the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) or Washington D.C.
Schnew employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in Schnew auctions.
Schnew products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.
Schnew reserves the right to limit the number of user accounts per household and the number of won auctions per user account. Schnew will not allow a single credit card to be used in conjunction with multiple user accounts. Schnew limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions). Schnew limits the number of auctions that a single user account can win in a 30 day period to a maximum of twenty. In addition, a single user account may only win or be winning a maximum of two auctions per 24 hour period. Schnew also limits the number of times a user account can win an item over $285 in value during a 30 day period to one per item. In addition, a user account may only win one item over $999.99 in a 30 day period.
Registering
You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other Schnew.com users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If Schnew.com receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in Schnew.com' sole discretion, Your user account may be frozen until You change the username or Schnew.com may permanently close Your account without prior notice to You for violating these Terms & Conditions.
You are responsible for keeping Your user account password confidential. Schnew.com will never ask for Your password apart from login, nor should it ever be provided to anyone, including Schnew.com' employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage Schnew.com, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.
Referrals
You may refer friends to Schnew.com using the form on the Schnew.com website. Schnew.com offers free bids to any user who refers new users that purchase a bid pack. Schnew.com reserves the right to review each referral for possible fraud. You may not refer family members or pets located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.
Account Termination
TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning or by closing your account in accordance with Schnew.com standard procedure.
TERMINATION BY Schnew.com: Schnew.com reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if Schnew.com suspects fraudulent account activity or behavior. You agree that if Schnew.com, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, Schnew.com may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.
Bidding / Bid Purchases / Autobidder
You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Autobidder function. Autobidder is an automated feature which lets You bid on an auction even when You are not online or logged in. Autobidder automatically places bids according to Your instructions. You can read about how the Autobidder operates in the "Help" section.
Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are NOT refundable.
Bid Packs expire after six (6) months. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.
A maximum of 30 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the Schnew.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the Schnew.com server(s) hit zero.
Odds of Winning Auctions
Every auction is unique and the results of all auctions offered on Schnew.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.
Acceptance of the Win / Payment
After an auction has ended, You must pay the total price for the won auction. If an auction win has not been paid for within seven (7) days of the auction end date, Schnew.com 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. After 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 Schnew.com. An invoice containing the auction price and shipping costs will be sent to You by Schnew.com once delivery has been arranged.
Throttle bidding or "Throttling"
Throttle bidding is when a bidder continually clicks the bid button over and over, without pause, in an attempt to outbid the high bidder at the exact same time as another bidder places a bid. This will show up in our bid history as two bids at the exact same time. On occasion this may happen if two people happen to click the bid button at the exact same time. If your account has more than 5 occurrences of throttling in any given auction, it is considered a violation of our terms and conditions and your account may be suspended, and all of your bids and wins will be forfeited.
Special Promotions
Any special promotions run by Schnew.com shall only be valid if they are announced on Schnew.com, Twitter, Facebook or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on Schnew.com or in our 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.
Schnew.com reserves the right to show additional auctions to You at Schnew.com sole discretion.
Returns / Cancellations
Schnew.com allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a You cancel a contract to which the cancellation provisions apply, You are entitled to a refund of the auction end price (including shipping costs) You have paid 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 14 days after the day the winner received the goods or a notification that the goods are ready for collection.
Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests and other such behavior, You are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.
If You wish to cancel the contract, You must inform Schnew.com by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used:
support@Schnew.com
In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You (unless goods are found to be defective). Schnew.com will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a depreciated condition.
Should Schnew.com incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.
Should Schnew.com not be able to deliver the product ordered or the product won, Schnew.com shall be entitled to substitute the item with an equivalent product acceptable to both Schnew.com and You, or provide a refund of the auction end price, Buy Now payments, and all bids placed by You on that particular auction.
Buy now
The buy now feature is offered on some of our auction to provide an alternative to the bidders of an auction that did not win. The winner of an auction CANNOT purchase the item at the buy now price. Any winning bidder of an auction that submits payment at the buy now price will have their funds rejected and/or refunded. Any said occurrence will be considered fraud and will result in termination of the users account, therefore forfeiting all bids in the users account.
Delivery
Deliveries are made exclusively to the 50 states of the United States (excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands) and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. Schnew.com 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 Schnew.com upon receipt.
Withholding Payment / Retention of Title
You agree that the item delivered shall remain Schnew.com' property until payment is received in full of the total price, including the shipping and bids used in the auction.
Disclaimer of Warranty and Liability Regarding Use of Schnew.com
You agree that use of Schnew.com is at Your sole risk. Neither Schnew.com nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Schnew.com, or the like, warrant that websites affiliated with Schnew.com, including but not limited to, Schnew.com, 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 Schnew.com may contain inaccuracies or typographical errors. Schnew.com makes no warranty as to the results that may be obtained from the use of Schnew.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Schnew.com. Furthermore, Schnew.com shall not be responsible for any opinions, views, advice or statements posted on Schnew.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized Schnew.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized Schnew.com spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF Schnew.com IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY Schnew.com 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.
Schnew.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Schnew.com, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF Schnew.com, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, Schnew.com DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Schnew.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM Schnew.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT Schnew.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH Schnew.com.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Schnew.com SERVICES OR ITEMS PURCHASED THROUGH Schnew.com, FROM INABILITY TO USE Schnew.com' SERVICES OR ITEMS PURCHASED THROUGH Schnew.com, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Schnew.com' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of Schnew.com, You should discontinue Your use of Schnew.com.
Disclaimer of Warranty and Liability Regarding Purchases from Schnew.com
All new products are sold with the manufacturer's limited warranty only. Schnew.com warrants solely that the products sold to You under these terms shall have the characteristics specified in Schnew.com' 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.� Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, Schnew.com MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY Schnew.com 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.
YOU AGREE THAT Schnew.com SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY Schnew.com. IN NO EVENT SHALL Schnew.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL 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 WARRANTY OR OTHERWISE.
System Outage / Temporarily Paused 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 paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. 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 auctions will be credited back to Your account; however, Schnew.com is not responsible for any other costs incurred by You due to a system outage. Schnew.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Schnew.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, Schnew.com shall not be liable for any damage incurred by auction users or third parties from using Schnew.com' services. In particular, Schnew.com shall not be liable for damage that occurs due to bids not being received by Schnew.com, not being received promptly, or not being considered as a consequence of technical errors.
Trademarks
Schnew.com' logos are trademarks of TNS Marketing, LLC. All rights reserved. Any trademarks appearing on Schnew.com are the property of their respective owners.
Service and Support for Products Purchased
All requests for technical service and support on products purchased on Schnew.com should be made directly to the manufacturer in accordance with their Terms & Conditions.
Applicable Law / Severability Clause
This Terms & Conditions Agreement and Your use of Schnew.com shall be governed by the laws of the United States of America and the State of Oklahoma 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 state court sitting in Oklahoma.
You are subject to the laws of the Jurisdiction in which You reside and/or from which You access Schnew.com 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 Schnew.com 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 Schnew.com 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.
Protection of Data: 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.
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.
Entire Agreement
These Terms & Conditions constitute the entire agreement between You and Schnew.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by Schnew.com. of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by Schnew.com.
Note:
Placing bids online at www.Schnew.com frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and check their charges regularly.
