These Terms and Conditions for Use apply to all users of the PENNYCAVE.COM website whether or not they participate in auctions.

PENNYCAVE.COM General Terms and Conditions of Use:

1. The Terms and Conditions of Use (hereinafter Terms and Conditions) govern the legal relationship between the customers (hereinafter “You“) of the website http://www.PennyCave.com (hereinafter “Service Provider“).
2. Pursuant to these Terms and Conditions, the Service Provider assists you to bid on products or services auctioned on the Site. If you are the winning bidder, the Service Provider also assists you in paying for the item won at auction through its payment processing software and arranges for the delivery of the item to you.
3. Anyone who opens a user account with the Site in any manner permitted by the Service Provider on the Site becomes a Customer of the Site. Customers agree to abide by these Terms and Conditions upon opening a user account.
4. You must register as a user of the Site by completing and confirming a registration questionnaire. During the registration process, you will be required to select a username and a password. Duplicate user names will not be permitted, and individual usernames will be awarded on a first-come, first-serve basis. It's illegal to create multiple accounts. The Service Provider reserves the right to refuse to issue or to cancel any username that it deems misleading, obscene, or otherwise inappropriate for any reason whatsoever.
5. You agree that you will not disclose any information necessary to access your user account to the others. Any third parties who will use your account do so at their own risk, and acknowledge that the Service Provider does not owe them any duty.
6. To the fullest extent permissible under the law, the Customer agrees to use the Services offered on the Site, subject to these Terms and Conditions.
7. The Service Provider shall not be liable for damages caused by your unlawful activities. Any user of the Site who engages in unlawful activities shall be liable to the Service Provider for any losses or expenses caused by such activity, including reasonable collection fees, attorney’s fees and court costs.
8. As a winning bidder, you must agree that you will pay the amount that will be invoiced to you.
9. You agree that you may not damage, interfere with, or corrupt the Site or its normal functioning.
10. You agree that you may not collect information about other users of the Site, including e-mail addresses, without the consent of such users.
11. When using the Services offered on the Site, you agree to disclose only truthful and correct information.
12. You agree that you may not use the Site to distribute spam, chain mail, pyramid schemes, viruses or any other information or technology deemed inappropriate by the Service Provider. The Service Provider reserves the right to take any measures deemed appropriate to stop you from misusing the Site.
13. You understand that the Service Provider is not an agent, employee, broker, or representative of the Customer. You also understand that the Service Provider does not owe the Customer any fiduciary duties, or any duties other that those expressly set forth in these Terms and Conditions.
14. The Service Provider reserves the right to revoke any contract entered into with you if you engage in inappropriate conduct. Examples of inappropriate conduct include the use of scripts to take control of the site, as well as the use of the site to harass others or to foist pyramid schemes on others. In responding to inappropriate conduct, the Service Provider may close the account that is the source of the inappropriate conduct in question, may refer the matter to the corresponding authorities, may seek relief from a court of competent jurisdiction, and may take any other action deemed appropriate.
14.a The customer may not submit or transmit any image or program that would violate the property rights of others, including unauthorized copyrighted images or programs and trademarks or site marks used in an infringing fashion.
14.b You may not interfere with other users the use of the site.
14.c. You may not submit or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
14.d. You may not collect by any means contact information from the site for use related to commercial e-mail (SPAM)

Processing your Personal Data

15. Upon opening a user account, you give the Service Provider consent to process any information communicated by you in accordance with the applicable laws of these Terms and Conditions.
16. You may withdraw the consent referred to in clause 15 above and request discontinuation of the processing of your personal data. Withdrawal of consent shall not have a retroactive effect.
17. The Service Provider shall collect and record the data referred to in clause 15 above electronically and shall also make extracts of the data in another form to provide, develop, and personalize the services to you.
18. The Service Provider shall use the data collected from you to deliver advertisements and offers to the e-mail address, the Customers fax, telephone, voice mail, and other appropriate means.
19. The Service Provider shall not forward the Customers data to third parties, except in the course of cooperation with third parties for securing and developing the quality and availability of the Services and for collecting debts, including to credit rating agencies, in responding to a valid subpoena issued by a court of competent jurisdiction, and to other customers like you who have bid at an auction featured in the Site. 

Intellectual Property

20. The Site and the copyright to its content belong to the Service Provider. Customers who post their own proprietary information on the Site thereby grant a license to the Service Provider to use that proprietary information on the Site at no cost to the Service Provider, its agents, or assigns. The Service Provider has the exclusive right to use anything posted by the Customer on the site in any way it deems appropriate on the Site. This includes allowing or prohibiting the use of the posted information, including reproduction, distribution, translation and adaptation, inclusion in compilations or databases, or communication to the public.
21. In the event of a breach of a copyright subject to these Conditions, the Service Provider may resort to any available legal remedies, which may include a demand for actual or statutory damages, attorneys fees, and injunctive relief.  

Requirements Needed to Participate in Auctions

22. By opening a user account, you warrant that you have the age, which is 18, and legal capacity to enter into a contract which is applicable in the Customers jurisdiction. You also warrant that you are not an agent or employee of the Service Provider because employees and agents of the Service Providers are not allowed to participate in the Auctions.
23. You may participate in the Auctions held on the Site as described in clause 1 above by making bids and paying any applicable fees through PayPal or ClickandBuy.
24. The PayPal and ClickandBuy payment service is available to you if you are registered as a users of the Site and wish to purchase credits to make bids.
25. Auctions start at 10:00 a.m. EDT every day and they will pause at 2:00 a.m. EDT Auctions will continue the next morning 10:00 a.m. EDT and the highest bidder will remain there position. All our auctions are active from 10:00 a.m. EDT until 2:00 a.m. EDT unless otherwise stated “24h”. Bids made between 2:00 a.m. EDT and 10:00 a.m. EDT are disregarded. Where the stated interval under an item is 24h, the Auction shall not stop, but shall last as long as bids are made.
26. The Service Provider may suspend, close or cancel auctions if the Service Provider computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the Auction. Where an Auction cannot be restored, the sole remedy available to you shall be the reimbursement of any fees paid when making bids on the Auction.
27. The Service Provider shall not be liable for any losses caused by computer system and server errors or failures.
28. The Service Provider shall not be responsible for any losses caused by problems related to your Internet connection or computer.
29. The Service Provider shall not interfere with the Auctions in any manner.
30. The opening price of each item put up for auction shall be $0.00 U.S. The price of the item shall increase by $0.01 U.S. with each bid. The bidding time (hereinafter Bidding Time) will be displayed in a box near the item being sold at the Auction. Each new bid extends the bidding time by extending the remaining time because the Bidding Time starts anew after every bid. By bidding on the Auction, you make an enforceable offer to the Service Provider to purchase the item being offered.
31. The Auction ends when no bids are received within the time specified on the Site. At the end of the Auction, you will be considered the winning bidder only if you submitted the last bid during the Bidding Time. If you are the winning bidder, your username will be displayed in a box near the item sold at the Auction, and an enforceable sales contract for the item sold at the Auction shall be deemed concluded between the Service Provider and you.
32. You agree that if you are the winning bidder you will pay the final price of the item within seven days after confirmation e-mail. If you fail to pay for the item by the specified due date, the Service Provider may withdraw from the sales contract for the item without any notice.
33. If you are the winning bidder, an invoice including the auction ending price will be sent to your e-mail address. Service Provider shall arrange the delivery of the purchased item to the mailing address provided by you within twenty one days from the date on which the Buyers full payment was received. Buyer will have to pay for shipping and handling. Shipping charge is 3% from MSRP but not more than $30.00. Handling fee is $2.00 fixed. We will not deliver to APO/FPO addresses or PO Boxes.
34. In the event that the item you purchased is defective or it was damaged in transit you must inform the Service Provider of that fact within one month after receiving the item by e-mailing us at info@pennycave.com. You must include in your e-mail the item number, your user name and the date of purchase. To solve the issue we will respond within 24 hours with further instructions.
35. Buyer may return the item purchased at the Auction to the Service Provider within fourteen calendar days after receipt. Item must be in the original package, unused and not damaged. However, the cost of the bids of that auction and the cost of returning the item shall not be refunded. We will only refund the final price from the invoice.
36. Credits used to make bids are not refundable, No exceptions.
37. Each bid costs 1 credit and raises the price of the product by $0.01.
38. We periodically check our members list. If we find that you have credited more than one account per house hold, your accounts will be removed and any items that were won will be forfeited and not shipped. Also, you will be banned from our system.
39. At anytime during the auction and 6 hours after the auction, you have the option to purchase the product - "Buy Now" All the credits you spend on the auction can be offered as a discount off the MSRP price of the item. Credits reversed to "Buy Now" discount will be calculated based 1 credit = $0.70
Please note that "Buy Now" price cannot fall below $0.00, even if the sum of all the used credits is more than MSRP price of the item.
The MSRP - Manufacturer Suggested Retail Price.
An auction will continue for all other users, even if you use the "Buy Now" option.

Warranty

40. All our items come with manufacturer’s warranty. Warranty issues will be handled in most cases with manufacturer directly.
41. You agree that the Service Provider is immune from any liability for damages to the fullest extent contemplated under the law. In addition, you agree that the Service Provider shall not be liable for any damages caused by:
- The misuse or use of an item in any manner or its use in any unreasonable manner;
- Normal wear and tear of the item;
- Willful or negligent damage to the item, the risk of which is borne by the Buyer;
- Assumption of the risk by the harmed person;
42. If the item is non-conforming or defective, the Service Provider has the option to replace the item with a conforming, non-defective item. Items replaced during the warranty period are supplied with a new warranty equal to the duration of the original sales warranty. If an item is first repaired during the warranty period, the sales warranty shall be extended by the period of repairs.

Amendment of Terms and Conditions 

43. The Service Provider may unilaterally amend and add to these Conditions by publishing a relevant notice and the amended and/or added to Conditions on the Site.
44. Amendments or additions to the Terms and Conditions shall enter into force immediately upon their publication on the Site.
45. You consent to the amendments or modifications to the Terms and Conditions if you use your user account after the amendments or additions have been posted on the Site.

Termination of Using the Services 

46. You may terminate the use of Services and close your user account. However, any contractual obligations incurred before the termination of the account shall remain in full force and effect until you completely discharge them by paying for any outstanding purchases and any applicable taxes or delivery charges.

Final Provisions 

47. In addition to these Terms and Conditions, the relationship between you and Service Provider shall be governed by the Site price list for Services.
48. These Terms and Conditions constitute the entire agreement between the Service Provider and you.
49. PennyCave.com is managed by PennyCave Group Ltd. Any questions or concerns, please mail us: PennyCave Group 1601 State Hwy 35, Middletown, NJ 07748