Terms and Conditions

Terms & Conditions

General

The following General Terms and Conditions shall apply exclusively to the business relationship between Zoozle, LLC. (Zoozle), its Internet service www.zoozle.com and users of said system. By using Zoozle.com, the user accepts the following General Terms and Conditions (hereafter referred to as: “Agreement”).

a. Zoozle reserves the right to change the Terms and Conditions of the Agreement at any time and without stated reasons with or without notice. Such amendments will become effective immediately upon being posted at Zoozle. It is your sole responsibility to review this Agreement and amendments hereto each time you bid.

b. It is your responsibility to ensure all your details are up to date at all times. Zoozle will not be held responsible for any user not receiving notifications for out of date records held for the user on our database.

c. This Agreement and your use of the website shall be governed by the laws of the United States of America and the State of New York 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 of competent jurisdiction sitting in New York.
d. Any special promotions presented by Zoozle shall only be valid if they are announced on Zoozle’s website or newsletter. Certain promotions may only be valid for a limited time, and details will be announced on the website or newsletter. Upon the expiration of said time limit, or the relevant auction or auctions have ended, the promotion is also finished.
e. Any bidding suggestions or 'Help’ articles posted on Zoozle are provided solely as suggestions and are not intended to be relied upon. Zoozle is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

f. Users are encouraged to seek information from the manufacturer and/or service provider for the detailed specifications of the products and/or services offered through the Auctions.

g. In the event that one or more of the provisions or portions of the provisions of the herein Agreement is declared, invalid, void, illegal or unenforceable, in any respect, the validity, legality and enforceability of the remaining provisions or portions of the provisions contained herein shall remain effective and binding, and shall not be affected or impaired thereby.

h. By registering it will be deemed that you have fully read the Terms and Conditions and accepted all terms and Conditions listed.
i. This Agreement shall be binding upon all parties hereto, as well as their agents, servants, successors, assignees, licensees and transferees.

j. Zoozle, LLC is located and operated within the United States.

Eligibility to Participate / Registration / Disqualification

By placing a bid on Zoozle, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old.
Employees and relatives of employees of Zoozle, LLC. are not eligible to participate in Zoozle auctions under any circumstances.
Zoozle’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Zoozle reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time.
Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.
During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Zoozle receives information of a username which is illegal or in breach of these Terms, this username can be amended by Zoozle without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Zoole, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Zoozle reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Zoozle, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Zoozle. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Zoozle reserves the right to withhold deliveries or refunds for bids.
Furthermore, Zoozle reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion. Please refer to our separate acceptable use policy for additional information.

Purchasing Bid Packages

To bid on Zoozle, you will be required to purchase bid packages by any of the methods specified at Zoozle.com, which may change from time to time Zoozle's sole discretion. For credit card transactions, depending on the particular processor used, transactions will be debited to your account according to the individual timeframe of the issuing bank, but will be processed as soon as possible at Zoozle. Minimum and maximum limits are determined solely by the company. All funds will be paid, tracked and maintained in United States Dollars, except as otherwise stated, and shall not bear interest.

Participating in an Auction

a. Members may submit Bids through the Internet web site (http://www.zoozle.com). Zoozle reserves the right to define additional Bid submission methods. Zoozle may also, at its sole discretion, terminate a specific method and/or methods of submitting Bids with or without notice.
b. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
c. Members are required to maintain accurate information in their Member profile. If inaccurate information or invalid billing information is submitted the user's Bid(s) may be canceled
d. Zoozle is not responsible for the inability to place a Bid for any reason including the inability to access the web site, and/or any other technical difficulties of any kind.
e. Users agree to pay the required Bidding Fees for every Bid they place in an Auction.
f. These Bidding Fees will be charged to the Participant's credit card (or other accepted payment methods as determined by Zoozle such as, but not limited to PayPal and Google checkout) when a bid package is purchased.
g. Users who submit credit card information represent, warrant and covenant that:
i. the credit card information supplied is true, correct and complete,
ii. the charges incurred will be honored by the credit card company,
iii. the Participant will pay such charges when due, and
iv. the credit card is in the same name as the Zoozle account holder

h. Members are restricted to two accounts per household and are not eligible to both participate in the same auction.

How the Auctions Work

With each bid submitted, the price of the item increases by a penny and the timer will increase to allow other bidders a chance to bid. A bid submitted by the user constitutes an offer from that user to Zoozle to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided in the following “Payment” clause and will be the user who has submitted the highest bid (auction price) as the last bidder.

Payment

a. After an auction has ended, the last bidder (“winner”) should go to “My Zoozle”. Here, information such as total price (including shipping costs) and payment options will be displayed. If the user chooses to complete the transaction, he or she must pay the total price (end price plus shipping costs, plus any applicable tax) for the win by following the steps indicated on that page or elsewhere on the website. If an auction win has not been paid within 30 days of the auction end date, Zoozle 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. In this instance, the bids placed in that auction are non-refundable and Zoozle reserves the right, but is not obligated, to award the item to the next highest unique Bid for that Auction, or may re-offer the forfeited products and/or services in a new Auction at its sole discretion. After paying the amount due, the winner will receive a confirmation e-mail and Zoozle will ship the item(s) within 2 to 3 weeks.
b. The item will not be sent to the user until the total price has been paid to Zoozle. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. Zoozle reserves the right to charge the winner reasonable storage charges for items not paid for.
c. Each winning bidder will provide to Zoozle and/or our payment gateway processor, credit card and/or any other accepted payment method details and/or any additional details as demanded necessary, for the purpose of billing their account in the amount of the final auction price, associated taxes/fees and/or bid package.
d. The submission of the user's credit card details is an agreement with Zoozle to bill their account for the price specified before payment.

Delivery

Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made solely within 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. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Zoozle 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 Zoozle upon taking delivery.
Should Zoozle not be able to deliver the item ordered, Zoozle shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund if this is the user’s preference.

Auction duration and conditions for cancellation

a. In the event of extraordinary circumstances, Zoozle is entitled to cancel or delay an Auction. Delaying an auction or modifying auction parameters can be done for reasons including, but not limited to: suspected fraud, server issues, unexpected downtime, and other factors outside our control.
b. Zoozle has the right to cancel an Auction and/or a Bid, if it suspects that the Bid was not submitted in good faith and/or with intention to deceive and/or in any case where we suspect illegal use of a credit card. In no event shall we be held responsible for any purchases made with illegal use of a credit card.
c. If an Auction is canceled, Zoozle will refund the Bidding Fees to the participants within 45 days from the date the Auction was canceled

Bidding / Use of the Bid Buddy

Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a Bid Buddy. Once a bid is placed, it is deducted from the user’s bid account. The Bid Buddy assists bidders in being able to bid on an auction even if the user is not online at that time. The Bid Butler automatically submits bids according to the specifications set in advance by the user. The user can read about how the Bid Butler operates in the “Help” section. The user is prohibited from using bidding software not authorized by Zoozle, and doing so will result in immediate disqualification from use.

Product Refund Policy

Zoozle grants winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. These cancellation rights end fourteen days after the day on which a winner received the goods or a notification that the goods are ready for collection.
An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund.

If a user wishes to cancel the contract, they must inform Zoozle in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.

The following contact details must be used:

Zoozle, LLC
P.O. Box 1472
Rocky Point, NY 11778-1472
info@zoozle.com

516-205-6713

In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.

Should Zoozle incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the customer. Sets/boxes can only be returned in their entirety.

Bid Cancellation and Refund Policy

a. The winner of an Auction shall be entitled to cancel the purchase of the product and/or service after the Auction becomes a Closed Auction, at their sole discretion, in writing to Zoozle, by doing so; the winner will forfeit the right to purchase the product and/or service. If such user chooses to cancel their right to purchase a product and/or service, Bidding Fees will not be refunded. The company reserves the right to re-offer canceled or forfeited products and/or services in a new auction at its sole discretion.
b. If an Auction is canceled for any reason, as defined in this agreement, the Members account will be credited with the appropriate number of bid credits.
c. No confirmed and Accepted Bids may be canceled and/or refunded unless they meet the conditions described herein this users agreement
d. If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently, they have twenty-four (24) hours from the time the Confirmation E-mail is sent to contest and/or cancel the Bid.
e. No Bidding Fees will be refunded once an Auction closes and the winner is announced. Under special and uncontrollable circumstances and/or for cases of fraud, Zoozle may, at it's sole discretion, take into consideration requests for Bid cancellations and refunds made after the cancellation period has expired. Special requests for bid cancellations MUST be submitted to the Company in writing and clearly describe the conditions warranting such cancellation and refund. If the company accepts a cancellation request the Participant may receive either a refund of their Bidding Fees or equivalently valued Bid Credits, which may be used in an Auction.
f. No Accepted Bids may be canceled and/or refunded unless they meet the conditions expressly described herein this Users Agreement.

Chargeback Procedure

Zoozle, in good-faith, makes every effort to bring disputes that may arise to a fair and just conclusion. If customer does not make an attempt to resolve a dispute before initiating a chargeback procedure, their account will be deactivated immediately. If you have any questions regarding an invoice or a payment made, please contact Zoozle Customer Service by sending an e-mail to support@zoozle.com.

Product and/or Service warranties and support

All requests for technical service, support and warranties should be made directly to the manufacturer in accordance with their terms and conditions.

Trademarks

Notices

a. All notices to the Company must be sent in writing and by registered/certified mail return receipt requested only to Zoozle, LLC. PO Box 1472 Rocky Point, NY 11778-1472 or support@zoozle.com. This in no way obligates Zoozle to discuss any claim or respond to any claims. If no claim regarding a Bid, Auction, or its outcome is received by Zoozle, in writing, within 72 hours of the Auction closing, total acceptance of the results is assumed.
b. Users may receive a copy of the this Agreement on the Internet web site: http://www.Zoozle.com.

Damages / Reimbursement of Expenses / Limits on Liability

Claims for damages by the user against Zoozle, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.

In particular, Zoozle shall not be liable for faulty operation of the users computer during bid submission and for incorrect or overly slow transmission of bidding data by the internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item and/or bids, and/or claim of any loss.

This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of Zoozle, its legal representatives, or parties assisting it in performance. This shall also not apply if the guarantee for an item's features was expressly provided by Zoozle in writing or a defect was fraudulently concealed.

Insofar as Zoozle is insured for its liability for any damage, Zoozle can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.

Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.

Liability for damage arising from loss of life and limb, health, or well-being, and that according to product liability law shall not be affected hereby.

All attempts will be made to ensure the site is functional - But at times we may be testing due to relocation or performing essential maintenance - If this is the case, the following will occur:

- Auctions will pause and the word "PAUSED" will be displayed or the site may fail to load.
- Software upgrade/Maintenance or testing will be performed.
- Once satisfied the system is working the auctions will be taken off their paused state and continue

Please note : We are a 24 hour site. There are times when we need to take the site down for the above reasons.
Be assured - You will not be affected if we take the site down.

System Failure
In case of a system failure, which cannot be excluded according to the current state of technology, active auctions will be halted, as far as the system is able to recognize this beforehand and that it is technically possible. After the removal of the error, the auction will be continued. In this case, a claim to the reimbursement of the purchase price of expended Bid Credits does not apply. Neither Zoozle nor the operator of this internet portal guarantees the continuous operation of the system. Zoozle or the portal operator are not responsible for damage resulting from the use (or lack thereof) of Zoozle services by users or third parties. Likewise, Zoozle or the portal operator is not responsible for damage resulting from technical defects or internet lag time, which prevents users from placing bids or placing bids in a timely manner.

Offsetting / Withholding Payment / Retention of Title

The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by Zoozle.

The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

The item delivered shall remain Zoozle’s property until payment in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it. Zoozle shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

Interference in Data Processing Activities
Each participant, either themselves, indirectly through third parties or with the assistance of programs is prohibited from interfering in, influencing, disrupting, copying without permission, disseminating or otherwise manipulating data processing activities underlying the Zoozle website. This is also applicable with regard to the website layout, and in particular, to Zoozle auctions. Participants are not permitted to use bidding software; such use can result in expulsion.

Guarantee

The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them but subject as provided below all other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.

Zoozle reserves the right to assert damages under the conditions set down by law.

Disclaimer of Warranty and Limitation of Liability regarding the Use of Zoozle

USER EXPRESSLY AGREES THAT USE OF ZOOZLE'S SERVICES IS AT USER'S SOLE RISK. NEITHER ZOOZLE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ZOOZLE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ZOOZLE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ZOOZLE.
ZOOZLE IS PROVIDED ON AN "AS IS" BASIS; TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOOZLE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, ZOOZLE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ZOOZLE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL ZOOZLE, OR ANY PERSON OR ENTITY INVOLVED IN USE OF A ZOOZLE AUCTION, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ZOOZLE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ZOOZLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ZOOZLE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED ZOOZLE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, ZOOZLE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Disclaimer of Warranty and Limitation of Liability regarding Purchases from Zoozle

All new products are sold with the manufacturer's limited warranty only. Zoozle warrants solely that the products sold to user under these terms shall have the characteristics specified in Zoozle’s 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. The full text of any such warranty is available, free of charge, upon written request mailed to Zoozle. Warranty is excluded for the delivery of any used Products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE ZOOZLE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY ZOOZLE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
ZOOZLE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY ZOOZLE. IN NO EVENT SHALL ZOOZLE BE LIABLE TO ANY 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.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, 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 hereby expressly distance ourselves from all content of any and all websites linked to the Zoozle website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.