Terms of Service

Effective for all users from May 1, 2022.

Part 1: Terms of Service

This Agreement is entered into between You and Western Bid, Inc. regarding Your use of Services, including the website, app, API, and other materials of Western Bid. Western Bid (“Western Bid”, “WB”, “we”, “us”, and “our”) represents this website (“Website”, “online sales system”, “sales system”, “services”), the subject of this User Agreement and all amendments thereto, containing the terms set forth below or linked thereto. The English version of the agreement can be accessed via this link. “User”, “Users”, “user”, “users”, “You”, “you”, and “your” refer to each company, provider, or individual becoming a Western Bid Client.

THIS USER AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU, THE CLIENT, AND WESTERN BID AND GOVERN ALL TYPES OF USE OF WESTERN BID SERVICES AND ANY RELATED PRODUCTS AVAILABLE THROUGH WESTERNBID.COM, RU.WESTERNBID.COM, WESTERNBID.LINK, WESTERNBID.INFO, AND WESTERNBID.US (collectively referred to as “Services”).

USE OF ANY SERVICES, POSITIONS, OR FUNCTIONS OF THIS SITE BY THE USER constitutes unconditional acceptance of this Agreement. YOU CONFIRM AND AGREE THAT THIS USER AGREEMENT is equivalent to a written contract made in accordance with applicable law. If you do not agree to the terms of the Agreement (fully or partly), please immediately leave the website and stop using Western Bid services.

WESTERN BID reserves the right to modify or review this User Agreement at its sole discretion at any time. Every such change and/or update takes effect upon being posted on the site. Please regularly check the content of the User Agreement to stay informed of any changes and/or additions. User’s continued use of the site after modifications and/or additions to the Agreement constitutes acceptance of such changes and/or additions.

Before you can become a Western Bid client, you must read, accept, and agree to all the terms of this Agreement, as well as all other rules and documents posted on the website that contain directly stipulated or linked conditions. By accepting this Agreement, you also agree that the use of Western Bid websites and services, similar to those of our partners, will be governed by the terms and conditions posted on such websites. Western Bid has the right to make changes to this Agreement at any time by posting such terms on our website.

Glossary

API — means the application programming interface provided by Western Bid.

Application — means mobile application software, data supplied with the software, and related media.

Business Day — means any day that is not a Saturday, Sunday, or public holiday in the United States.

Services — means all products, services, content, features, technologies, or functions we offer, as well as all associated websites, apps (including the Application), and services (including the Website and API).

Western Bid Account — means a Western Bid account on the website or mobile app that you open with us in accordance with these Terms of Use to access our Services.

Western Bid Materials — includes any software (including but not limited to the Application, API, developer tools, source code samples, and code libraries), data, materials, content, and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you or available for download from our website.

Website — means any web page, including but not limited to www.westernbid.com, where we provide you with Services.

Part 2: Terms concerning all account owners

1. Your Use of Western Bid Services

These terms of service are a translation of the original agreement, which can be found at this link.

To use Western Bid’s Services, you must register an account. Users may only have one account. Our Services are only available to individuals or legal entities capable of entering into enforceable agreements under applicable law. Without limitation, our Services are not available to minors (under 18 years old), persons barred from using our Services, or those posing an unacceptable level of risk. Additionally, Western Bid Services cannot be used by US citizens, US residents, or persons permanently residing in the USA, as well as individuals who are US tax residents.

For legal reasons, all data you provide during the registration process or at any time thereafter must be complete, accurate, and truthful. You are responsible for updating your postal address, email address, phone number, and other contact details in your Western Bid account profile.

You agree to comply with all US laws, as well as international laws, regulations, orders, rules, contacts, and relevant licenses regarding your use of our Services. Failure to comply constitutes a material breach of this User Agreement.

All actions in your Western Bid Account must be performed by the registered user. You should only use the Services to conduct transactions on your own account and not on behalf of another person or organization. You may open only one Western Bid Account unless we approve the opening of additional accounts. We may refuse to create duplicate accounts for a single user. If duplicates are found, Western Bid can close or merge these accounts without notice.

2. Legal Relationship between You and Western Bid

Western Bid acts as a trading intermediary and agent on a commission basis, providing various e-commerce services for online sellers from the former USSR countries (i.e., Western Bid clients). These services may include advertising products, customer support, informational services, educational courses and materials, freight forwarding and depository services, dispute resolution, return processing and storage, warehousing, order fulfillment, and web page setup.

As a User, you agree to follow all rules and requirements posted on the Western Bid website. You agree to use the Western Bid online sales system and the various provided e-commerce tools and guidelines “as is”.

You agree that using Western Bid’s online sales system to violate US or international laws is prohibited.

You understand that Western Bid does not guarantee the sale of your products nor your financial success.

You agree to follow Western Bid’s published requirements on the website, and to comply with the rules of trading platforms and online auctions through which sales occur, on which Western Bid participates. You specifically agree to adhere to the trading platform and auction rules and to pay for services from Western Bid and the trading venues punctually.

You are responsible for providing accurate detailed descriptions and images of the goods sold via Western Bid’s online system. You agree to grant us non-exclusive, worldwide, royalty-free, perpetual, irrevocable rights to use, distribute, and display any descriptions and images of the advertised, sold, or intended-for-sale products through Western Bid.

You are responsible for timely delivery of goods sold through Western Bid to addresses of intermediaries or end customers provided by Western Bid. You agree to deliver goods purchased from you unless the customer fails to meet posted Western Bid or platform conditions or you cannot verify the delivery address.

All goods sold through Western Bid and delivered to end customers must comply with US and international Shipping Regulations and the Western Bid Prohibited Items List published on Westernbid.com. If any issues arise with the product or its delivery, you must promptly provide all required information. Unless otherwise agreed, all returns and exchanges must be processed through Western Bid or our representatives listed on the website.

3. Western Bid as a Commission-Based Trading Intermediary

Western Bid acts as a trading intermediary on electronic platforms by creating, posting, supporting, and providing our services via the Internet. During a product sale, Western Bid might acquire ownership rights to the item you are selling, and subsequently resell those rights to the end customer or another intermediary. Western Bid may also warrant to buyers that the quality and condition of the product match its online description. Western Bid can ensure product delivery to the buyer. Our services include but are not limited to advertising, delivery, product warranty, and dispute resolution functions between buyer and seller. All dispute resolution matters should be directed only to Western Bid, and all returns and exchanges should be processed through Western Bid and its representatives within the USA.

4. Western Bid as an Authorized Reseller and Retailer

Western Bid operates as an official seller and dealer, selling products through the Western Bid platform and various online e-commerce markets, and collects applicable sales tax where relevant. During the sales process, Western Bid becomes the owner of the goods it purchases from you, and it sells and delivers goods directly to the end consumer.

5. Personal Identification

We use many methods to identify our clients when they register on our site. Identification of Clients is merely a way to increase the likelihood that the Client’s identity is accurate. You authorize Western Bid, directly or via third parties, to send any inquiries we consider necessary to verify your registration. These may include a request for a copy of a government-issued ID, detailed information, and verification of the information provided through third-party databases.

If you open a Western Bid account and use some services, US federal law requires us to verify other your information. You give Western Bid permission to conduct any necessary checks to verify your identity, which may include checking commercial databases or credit reports, or asking you for additional information such as date of birth, taxpayer ID, and other data to reasonably identify you. This may also involve confirming ownership of your email or financial instruments, ordering credit reports, or verifying your data through third-party databases or other sources. We may also require you to present a driver’s license or other identification documents at any time. Western Bid reserves the right to suspend or limit access to your account and/or its services if we cannot verify your information.

6. User Verification

Our services are only available to persons able to enter into legally binding agreements under applicable law. Without limitation, our services are not available to children (under 18). If you are under 18, you cannot use Western Bid services. If you do not meet the requirements, please do not use our site. Additionally, your Western Bid account and User ID cannot be transferred or sold to others. If you register as a legal entity, you warrant that you have full authority to act on behalf of the entity under this Agreement.

Western Bid does not engage or deal with persons listed on the SDN List of Known or Suspected Terrorists or Terrorist Organizations.

Western Bid does not deal with individuals or entities on US sanctions lists.

In addition to the conditions described above, you have the right to an account only if you are not a citizen or resident of countries or groups currently under US OFAC sanctions, including: Russia, Belarus, Crimea, Luhansk (region), Donetsk (region), Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, Afghanistan, and the Taliban. The scope of rules and what Western Bid can or cannot do depends on specific economic sanctions programs. Current sanctions programs can be found on the website (www.ustreas.gov/ofac) or the EU sanctions map (https://www.sanctionsmap.eu/#/main).

You are responsible for US export controls and any violations of such rules, including any US embargo or other federal restrictions on exports. You warrant and agree that you are not located in, a resident of, or a citizen of, a country designated as supporting terrorism by the US government; or on the US end-user list.

7. Your Information and Actions Restrictions

“Your Information” means any data you provide to us or other users during registration, payment, or other functions of our Services. You are fully responsible for your information. To allow Western Bid to use the provided information to prevent violations of your rights, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, and store your data. Western Bid limits the use of your information to the scope of our services and protects your data according to our privacy policy.

Your data, product info, and actions in using our Services must not: (a) be false or misleading; (b) involve fraud or sale of counterfeit or stolen goods; (c) violate Western Bid policies; (d) infringe on copyrights, patents, trademarks, trade secrets, or other rights; (e) violate any laws or regulations; (f) be obscene or contain child or adult pornography; or (g) contain viruses or malware that could harm, hijack or expropriate systems or data. If you use our services for purposes other than selling or acquiring goods and managing your account, your account may be deleted, and sanctions or other damages may be applied.

We may require you to submit identification forms, as detailed in our Privacy Policy and AML Policy, to use Western Bid services or place purchase order. We do this to verify your identity and authorize your account usage. Additional information may be requested depending on your location or other factors.

8. Confidentiality and Security

We do not sell or rent your personal information to third parties for advertising without your permission, and we only use your data as described in our Privacy Policy.

We regard user privacy protection as a fundamental principle. We store and process your data on servers located in the USA, protected by physical and technical security measures.

You should only log into your Western Bid account from pages starting with https://www.westernbid.info, https://westernbid.com, or https://www.wbeurope.info. Do not use other sites that differ from these.

We use third parties and external services for verification and confirmation of our privacy principles. If you object to your data being transferred or used in this manner, do not use our Services.

9. Fees

All Service fees are listed in the “Service Fees” section on Westernbid.com.

All charges are assessed and made in USD unless otherwise specified. Additional fee details are available on the website.

Your account and all transactions are displayed and processed in USD unless otherwise specified, and may vary depending on the exchange rate. You are fully responsible for timely payment of Western Bid’s fees, including those related to shipping, currency conversion, and other expenses related to your activity as a Buyer or Seller when using Western Bid services.

10. Purchase Orders

To receive payments from Western Bid for sold goods, you must provide a detailed invoice and submit various identification forms as described further in our Privacy Policy and AML Policy. This information is necessary to verify your identity and the accuracy of the information provided. Additional information may be requested based on your location or country of residence.

11. Sale of Goods through Western Bid

To get paid by Western Bid for sold goods, you must generate and submit a detailed invoice, and provide Western Bid with several forms of identification as described in our Privacy Policy and AML Policy. This information is used to confirm your identity and the accuracy of your data, with additional requests possible depending on your location or residence.

Furthermore, when we receive an Invoice from a Client requesting a direct bank transfer, we verify: (1) that the bank has a SWIFT code, meaning it is part of the SWIFT network (http://www.swift.com), which conducts comprehensive client checks; (2) that the bank has a website with licensing info; and (3) that the name and address for the bank transfer match those in our system.

All shipments directly involving Western Bid or Western Bid clients must be accompanied by properly filled out customs declarations and shipping documents, with accurate and current info required by American and international laws. Failure to comply may result in the termination of all business relations with the seller and Western Bid client.

12. Rights to Suspend and Terminate Services

You can close your account or stop using our services anytime on the Western Bid site. After account closure, pending transactions will be canceled, and remaining funds will be refunded after final settlement. Funds owed, less any applicable fees retained at closure, will be paid to you once all claims related to Western Bid payments are settled.

You cannot use account closure to evade Western Bid internal reviews, investigations, or law enforcement referrals. If an investigation is ongoing at the time of account closure, Western Bid may hold your funds up to 60 days for protection against potential losses. If the investigation outcome is in your favor and you are entitled to a portion or all of the disputed funds, Western Bid will release those funds to you. You should meet all obligations related to your account even after closure. Post-termination, we will use your provided info to send all due funds. If this info is incorrect, funds may be considered abandoned under applicable law.

13. Western Bid’s Rights

In addition to legal remedies, we may require updates of inaccurate or false info you provide; communicate with you electronically, by phone, or US and international mail; promptly notify our community or law enforcement of suspicious actions; block funds in your account; restrict funding sources and payments; limit account access and features; suspend withdrawals; or unilaterally terminate or suspend your account and refuse our services if you violate this Agreement or related documents, or if we cannot verify your provided info, or if your actions pose significant fraud risk, or if your use of your account is deemed unlawful.

In situations where we identify potential fraud or risk concerns related to your account, Western Bid reserves the right to delay payment for an indefinite period. For suspicious transactions or high volume accounts, restrictions on payout may also apply. Upon account closure, relevant funds, minus applicable fees, will be made available for withdrawal. You grant Western Bid the right to delay payments up to 180 days if necessary to fulfill your transactional obligations. You acknowledge that Western Bid may use your profile data to satisfy your obligations toward us at any time and for any lawfully permitted reason, including claims for damages caused by your activity. These rights are in addition to others specified in this agreement.

14. Western Bid Intellectual Property

Westernbid.com, westernbid.info, wbeurope.info, “Western Bid,” and all associated logos, products, and services described on this site are registered trademarks or service marks of Western Bid, Inc., or its licensors, and may not be copied, imitated or used in whole or part without prior written consent. Additionally, all page headers, user graphics, button icons, and scripts are service marks, trademarks, or trade dress of Western Bid and cannot be copied, imitated or used without prior written approval.

15. Disclaimer

In case of disputes with one or more Western Bid users or clients, you release Western Bid (our employees, directors, agents, contractors, and staff) from any claims, demands, or damages (direct and indirect) resulting from or related to such disputes.

16. No Warranty

WESTERN BID DISCLAIMS WARRANTIES OF OWNERSHIP, MERCHANTABLILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WESTERN BID CANNOT GUARANTEE THE ABSENCE OF RIGHTS INFRINGEMENT BY THIRD PARTIES OR THAT SERVICES WILL MEET YOUR REQUIREMENTS. SERVICES ARE PROVIDED “AS IS”. WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND OWNERSHIP.

17. Limitation of Liability

Under no circumstances shall Western Bid’s administrators be liable for any lost profits or any special, direct, or indirect damages arising out of or related to our website, services, or this Agreement, regardless of the cause of action or the theory of liability, even if advised of the possibility of such damages. Our liability, and the liability of our subsidiaries, affiliates, officers, employees, and suppliers, shall be limited to the actual damages incurred by you.

18. Indemnity

You agree to indemnify and hold harmless Western Bid and its affiliates, officers, agents, and employees from any claims, damages, costs, or liabilities arising from your breach of this agreement or your violation of applicable laws, or any third-party rights. Western Bid may suspend or limit your access if you breach this agreement.

19. Dispute Resolution

You agree to comply with all applicable laws and regulations, and in case of disputes, aim to resolve amicably or through arbitration. Any legal claims or disputes related to this site, the Terms of Use, or Services must be filed within one (1) year of the cause of action or they will be barred by the statute of limitations.

Disputes shall be resolved in courts located in Florida or where the defendant resides. Both parties agree to jurisdiction in these courts and waive any objections. The UN Convention on Contracts for the International Sale of Goods does not apply.

20. Entire Agreement

This User Agreement constitutes the entire agreement between you and Western Bid concerning use of the Services and supersedes all previous written or oral agreements. Amendments can only be made with our notice.

21. Amendments

Western Bid reserves the right to amend, modify, or cancel any provision of this agreement without your consent. Users may not alter or refuse any terms of this agreement.

22. Assignments

You and your affiliates may not assign or transfer rights or obligations under this agreement without prior written consent, which can be withdrawn at Western Bid’s discretion. Western Bid can assign or transfer this agreement or related rights and obligations without your consent.

23. No Waiver

Failure by Western Bid to enforce any provision does not constitute a waiver of such provision or rights. Failure to enforce does not imply a waiver of rights or remedies.

24. No Agency Relationship

Nothing in this Agreement creates an agency, partnership, or joint venture between you and Western Bid. Neither party has authority to bind the other.

25. Notices

All notices shall be sent via email, postal mail, or posted on the Western Bid site, to addresses provided by you at registration or using the contact details specified herein.

Terms of Service for Western Bid Fulfillment Center

This document is a public offer (“Offer”) from Western Bid, Inc (“Western Bid”) to any individual or legal entity (“User”) who accepts the terms of this User Agreement (“Agreement”). By using Western Bid’s services, the User agrees to the terms and conditions set out below.

1. General Provisions

1.1. Western Bid offers order fulfillment services, including storage, packing, delivery, and other related services.
1.2. By using Western Bid’s services, the User confirms acceptance of this Agreement without the need for a physical signature.

2. Services Provided

2.1. Western Bid provides:
– Safe storage of goods and valuables at its facilities.
– Packing and dispatching products according to User instructions.
– Inventory tracking and reporting via an accessible system for users.

2.2. Western Bid reserves the right to refuse service for goods that violate applicable laws or Western Bid policies.

3. User Responsibilities

3.1. Compliance:
– The User guarantees that all goods sent for storage or fulfillment at Western Bid comply with applicable laws, including customs regulations and safety rules.
– Prohibited items include, but are not limited to, hazardous materials, counterfeit products, and items prohibited by law.

3.2. Inventory Requirements:
– The User must ensure proper labeling and packing of goods according to Western Bid’s instructions.
– Western Bid reserves the right to reject improperly packed or incorrectly labeled goods.

3.3. Accurate Information:
– The User must provide accurate and complete information regarding their account, products, and shipping instructions.

4. Fees and Payment Terms

4.1. The User agrees to pay fees for the services, including storage, processing, packing, and delivery.

4.2. Payment must be made within the terms specified in the invoice. Late payments may result in additional charges or suspension of services.

4.3. Western Bid reserves the right to change its rates with a notice of at least 30 days published on its website.

4.4. Delay in payment for storage of goods
If the User delays payment for storage services at the Fulfillment warehouse for more than 30 days, Western Bid reserves the right to dispose of the goods for which payment has not been made. Disposal will be carried out without further notice, and Western Bid is not responsible for any damages related to disposal.

5. Liability and Limitations

5.1. Western Bid is not responsible for:
– Losses or damages caused by natural disasters, military actions, or negligence of the third-party carrier.
– Damages exceeding $100 or the documented value of the goods, whichever is less.

5.2. Users are advised to insure their property for additional protection.

5.3. Western Bid will make reasonable efforts to prevent loss or damage but cannot guarantee the condition of goods after they leave the warehouse.

6. Release and Suspension of Services

6.1. Western Bid reserves the right to suspend or terminate services if:
– The User breaches the terms of this Agreement.
– Payment has not been received within the specified period.

6.2. The User may terminate the Agreement by discontinuing use of Western Bid’s services and paying all unpaid fees.

7. Confidentiality

7.1. Western Bid will protect the confidentiality of the User’s data and information and use it solely for providing services.

7.2. The User agrees not to disclose any confidential information obtained from Western Bid without prior written consent.

8. Governing Law and Dispute Resolution

8.1. This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles.

8.2. Any disputes shall first be resolved through good-faith negotiations. If unresolved, disputes will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

9. Force Majeure

9.1. Western Bid is not responsible for delays or inability to provide services due to events beyond its reasonable control, including but not limited to natural disasters, government restrictions, or labor strikes.

10. Changes to the Agreement

10.1. Western Bid reserves the right to make changes to this Agreement at any time. Updates will be posted on the Western Bid website and will take effect upon publication.

10.2. Continued use of Western Bid’s services after changes are made constitutes acceptance of the updated terms.

11. Contact Information

For any questions or concerns regarding this Agreement, please contact Western Bid at:

Western Bid, Inc.
Customer Support Department
3500 Hallandale Beach Blvd
Pembroke Park, FL 33023
United States of America

Email: sales@westernbid.com

By using Western Bid’s services, the User acknowledges and accepts this Agreement as a legally binding contract.

This public offer becomes effective from the date of publication on the Western Bid website.