Agreement to These Terms
By creating an account, placing a bid, winning an auction, making a Buy Now purchase, or otherwise purchasing or participating through BidZombie, the customer agrees to these Auction & Purchase Terms & Conditions and all applicable BidZombie policies.
Auction-specific provisions apply when bidding or participating in an auction. Purchase provisions apply to both auction wins and Buy Now purchases.
If a customer does not agree to these terms, they should not place a bid or complete a purchase.
Bidder Eligibility
Bidders must be at least 18 years old and legally capable of entering into a binding purchase agreement.
BidZombie may refuse, restrict, suspend, or terminate bidding or purchasing privileges where reasonably necessary to protect the integrity of the auction or marketplace.
Account Responsibility
Customers are responsible for maintaining the security of their BidZombie account and for keeping their contact information accurate and current.
Any bid or purchase placed through a customer’s account will be treated as having been placed by that account holder unless BidZombie determines that unauthorized access or another exceptional circumstance occurred.
Customers should not permit another person to use their account to place bids or purchases.
Bids Are Binding
All bids are binding offers to purchase.
Once a bid is submitted, it cannot be canceled, withdrawn, or reduced simply because the bidder changes their mind, enters the wrong amount, later decides they do not want the item, or fails to review the listing.
The highest eligible bidder at the close of the auction, subject to any reserve price or other stated condition, becomes the winning bidder and is obligated to complete the purchase.
Bidder Responsibility Before Bidding
Bidders are responsible for reviewing the complete listing before bidding, including:
- photographs;
- description;
- condition information;
- measurements;
- shipping availability;
- Local Pickup requirements;
- auction start and end times;
- current bid;
- minimum bid increment;
- reserve status, if applicable;
- Buy It Now availability, if applicable; and
- any special terms stated for that item.
If a bidder has a question about an item, the bidder should ask BidZombie before placing a bid.
Item Condition
Unless specifically stated otherwise, auction and Buy Now merchandise is sold AS-IS, WHERE-IS.
Many BidZombie items are used, vintage, storage-unit, estate, resale, or secondhand finds and may have wear, age, dust, cosmetic imperfections, missing components, or other condition issues.
Customers should rely on the listing photographs, description, and their own judgment when deciding whether and how much to bid or whether to purchase.
Auction Start and End Times
Each auction listing will display its scheduled opening and closing times.
Bidders are responsible for monitoring the closing time of any auction in which they participate.
Closing times may be extended by BidZombie’s soft-close system as described below.
Soft Close / Extended Bidding
BidZombie uses an anti-sniping soft-close system.
If an eligible bid is placed during the final 5 minutes of an auction, the auction closing time will automatically extend by 3 minutes.
Additional qualifying bids placed during the extended closing period may cause the auction to extend again by an additional 3 minutes.
The auction will close only after the applicable extended period passes without another qualifying bid.
Bid Increments
Bids must comply with the minimum bid increment established for the auction.
BidZombie may establish or change bid increments before or during an auction when reasonably necessary for auction administration.
Proxy or Automatic Bidding
If proxy or automatic bidding is enabled for a particular auction, a bidder may enter a maximum bid.
The system may then automatically place bids on the bidder’s behalf up to the bidder’s maximum amount, using the applicable bid increments.
The bidder remains responsible for the maximum bid entered.
Reserve Prices
Some auctions may have a reserve price.
A reserve is the minimum amount that must be reached before the item will be sold.
If the reserve is not met, BidZombie is not obligated to complete the sale.
BidZombie may disclose or withhold the exact reserve amount unless otherwise required by law.
Buy It Now During an Auction
Certain auction items may include a Buy It Now option.
Where offered, the Buy It Now option allows a buyer to purchase the item immediately at the stated price, subject to the specific auction settings and availability of that option.
Availability of Buy It Now may change once bidding begins depending on the rules established for that auction.
Buy Now Purchases
A Buy Now purchase allows a customer to purchase an available item immediately at the displayed price without participating in an auction.
Buy Now purchases are subject to the same applicable payment, item-condition, shipping, pickup, and Returns & Refunds policies as auction purchases.
A Buy Now order is subject to item availability and successful payment. BidZombie may cancel and refund an order when reasonably necessary because of an inventory error, duplicate sale, listing error, suspected fraud, or other exceptional circumstance.
Winning Bidder
At auction close, the highest valid bidder who satisfies all applicable auction requirements will be considered the winning bidder.
BidZombie’s auction records will control in the event of a reasonable dispute concerning bid timing, bid amount, or bidder status.
Payment
Payment is due immediately at the close of the auction or at the time of a Buy Now purchase.
This applies to both shipped items and Local Pickup items.
A buyer’s pickup schedule or shipping arrangement does not delay the payment obligation.
No merchandise will be released before required payment has been completed.
Taxes, Shipping, and Other Charges
The buyer is responsible for the purchase price together with any applicable taxes, shipping charges, or other charges clearly disclosed before purchase.
BidZombie will not add undisclosed mandatory fees after an auction closes or after a Buy Now purchase is completed.
Shipping and Local Pickup
Shipping availability and Local Pickup requirements will be stated in the individual listing.
Some items may be designated LOCAL PICKUP REQUIRED and will not be shipped.
Customers are responsible for complying with the separate BidZombie Shipping, Pickup & Auction Payment Policy.
Local Pickup Required Acknowledgment
For designated pickup-only items, BidZombie may require bidders or buyers to affirm that they understand:
- the item cannot be shipped;
- payment is still due at auction close or at the time of purchase;
- they are responsible for traveling to the pickup location; and
- pickup must be completed within the required period.
BidZombie may prevent bidding or purchasing until this acknowledgment has been completed.
Failure to Pay
A winning bidder or buyer who fails to make required payment may have bidding or purchasing privileges restricted or suspended.
BidZombie may also cancel the transaction, relist the item, pursue amounts lawfully owed, or take other reasonable action permitted by law.
Repeated nonpayment may result in permanent loss of bidding privileges.
Chargebacks and Payment Disputes
Customers should contact BidZombie directly if there is a legitimate problem with a transaction.
Nothing in these terms prevents a customer from exercising lawful payment-dispute rights. However, knowingly filing a fraudulent or bad-faith chargeback may result in suspension or termination of bidding or purchasing privileges and may be contested by BidZombie using transaction records and these terms.
No Shill Bidding or Bid Manipulation
BidZombie prohibits fraudulent bidding intended to artificially increase or manipulate an item’s price.
This includes bidding through false accounts or coordinating bids for the purpose of improperly influencing an auction.
BidZombie’s Right to Reject or Cancel Bids
BidZombie may reject or cancel a bid where there is reasonable evidence of:
- fraud;
- account misuse;
- technical error;
- bid manipulation;
- violation of these terms;
- bidder ineligibility; or
- other conduct that threatens the fairness or integrity of the auction.
This authority will not be used merely to undo a legitimate winning bid because the final selling price is lower than expected.
BidZombie’s Right to Modify, Withdraw, or Cancel a Listing
Before an auction closes or a Buy Now purchase is completed, BidZombie may correct a listing, withdraw an item, postpone an auction, or cancel an auction or listing where reasonably necessary because of:
- listing errors;
- incorrect photographs or descriptions;
- duplicate listings;
- loss or damage to the item;
- ownership or title concerns;
- legal requirements;
- suspected fraud;
- technical problems; or
- other exceptional circumstances.
If a transaction must be canceled after payment, any required refund will be handled in accordance with applicable law and BidZombie policy.
Unavailable or Missing Items
If an item becomes unavailable because it was lost, damaged, incorrectly listed, or cannot reasonably be located or delivered, BidZombie may cancel the affected transaction and refund amounts paid for that item.
Unless otherwise required by law, cancellation of one affected item does not automatically cancel other items in the buyer’s order or invoice.
Technical Problems
BidZombie relies on internet connections, hosting services, software, payment systems, email services, and other technology that may occasionally fail.
BidZombie does not guarantee that auction pages, notifications, countdown timers, emails, or internet connections will operate without interruption.
Bidders are responsible for monitoring auctions directly and should not rely solely on email, text, or browser notifications.
If a significant technical malfunction affects the fairness or integrity of an auction, BidZombie may reasonably pause, extend, reopen, or cancel the affected auction.
Notifications Are a Convenience
Outbid alerts, closing reminders, winner notices, invoices, order emails, and other electronic notifications are provided as a convenience.
Failure or delay of a notification does not cancel a valid bid, winning purchase, payment obligation, or pickup obligation.
Customers should check their BidZombie account directly to confirm auction and order status.
Invoices and Account Information
Customers are responsible for maintaining accurate contact information in their BidZombie account.
Failure to receive an email, invoice, outbid notice, winner notice, or other notification does not cancel an otherwise valid bid, purchase, payment obligation, or pickup obligation.
Customers should check their BidZombie account directly to confirm auction and order status.
Auction Disputes
BidZombie will review reasonable disputes involving bidding records, auction timing, technical issues, or listing errors.
BidZombie may rely on its server records, transaction records, bid history, timestamps, and other available information when resolving a dispute.
BidZombie’s determination regarding routine auction administration will be final to the extent permitted by law.
Returns and Refunds
All auction and Buy Now purchases are subject to the separate BidZombie Returns & Refunds Policy.
Unless otherwise required by law or approved under that policy, sales are final.
Misconduct and Suspension
BidZombie may restrict or terminate a user’s bidding or purchasing privileges for conduct including:
- fraudulent bidding;
- shill bidding;
- repeated nonpayment;
- abusive or threatening behavior;
- repeated bad-faith disputes;
- misuse of another person’s account;
- attempts to interfere with the auction system; or
- violations of BidZombie policies.
Changes to These Terms
BidZombie may update these Auction & Purchase Terms & Conditions from time to time.
Changes will apply prospectively after they are posted.
Material changes will not retroactively alter the completed terms of an auction or purchase except where required by law.
Applicable Law
These terms are intended to operate subject to applicable federal and state law.
Nothing in these terms is intended to eliminate or limit consumer rights that cannot legally be waived.