Terms and Conditions

 

Acceptance of Terms and Conditions

By accepting the Terms & Conditions and/or registering with PennyRC, LLC (PennyRC.com), you confirm that you are eligible (as specified in the “Eligibility” section) to use PennyRC.com. Should you not agree to the Terms & Conditions, you will not be granted access to the services or auctions that PennyRC.com provides. Accessing, use, or downloading in any way, any service from PennyRC.com constitutes an agreement to and binds User to these Terms & Conditions. PennyRC.com reserves the right to modify or change the Terms and Conditions at any time without notification.

 

Eligibility

By accepting the Terms & Conditions with PennyRC.com, you confirm that you are at least 18 years of age and have read and understood all Terms & Conditions of this site. Furthermore, that you are aware that you are engaging in a binding contract. By using PennyRC.com, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

You must reside in the 50 states of the United States or Washington DC. You must speak and understand the English language.

PennyRC.com employees and their family members (defined as parents, spouse, significant other, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in PennyRC.com penny auctions. Furthermore, should any violation of this term occur, PennyRC.com will void any transaction from this violation and no item or auction shall be delivered.

PennyRC.com is open to private users only. Under most conditions, commercial, semi commercial or retailers are not allowed to participate. Should it be discovered that this term has been violated, said account shall be reviewed and may be terminated without further notice, no refund for any bid purchases will be granted and any winning bids may be voided.

Any user that continues to bid on items while in violation will be penalized for each bid placed during the auction by forfeiting all bids placed. It is the user’s responsibility to cease bidding on items until their accounts are within the Terms of Service again. Users should pay close attention to any auto bidders that have been set up on future auction closings and remove themselves from these auctions so they are not in violation of these terms of service. If an auction is bid on and won by a user in violation, the user forfeits the win and may (at the sole discretion of PennyRC.com) be penalized by forfeiting all bids placed on the auction(s). Willful violations of these account limitations restrictions may be grounds for account suspension or termination. If this should occur an offer to the second runner up may be offered or the auction may be void.

 

Registering

Users can only register once and each valid registration must provide a postal address where User resides. You agree not to have more than one account. In addition, User must not provide misleading information when registering. You may not collude to exchange information. Users chosen username must not advertise any company, be offensive, rude, disparaging or intended to deceive or delude other PennyRC.com users. Your username may not advertise for other websites, businesses or services or otherwise violate the intellectual property rights of any third party. Violation of this term will result in immediate termination of your account, and any address, IP Address or credit card number associated with violators account will be banned from any future relationships with PennyRC.com. PennyRC.com reserves the right to require username changes or make username changes at their discretion.

PennyRC.com.com advises all users to keep account password confidential. PennyRC.com will never ask for your password apart from login, nor should it ever be provided to anyone, including PennyRC.com employees. User accounts are non-transferable. Allowing your account to be used by someone else resulting in usage of your bids and any bids placed under your account for any reason are considered permanently spent and will not be refunded. Any abuse of user accounts, be it to the detriment of third parties or to damage PennyRC.com, shall result in the termination of the user and potential reporting of a crime. User agrees to be liable for all activities that are undertaken using the user account together with the associated password.

Any user determined, at the sole discretion of PennyRC.com, to be in violation of the Terms and Conditions listed herein, may be banned from any relationship with PennyRC.com, any wins will not be granted and any cost to the user regarding any orders placed at PennyRC.com will not be refunded.

 

Customer Support

You may contact customer support by emailing support@pennyrc.com. Support requests will be processed as soon as possible. There is no customer support available after 9:00pm weekdays or on the weekends.

 

Referrals

Referring friends to PennyRC.com is a fun and easy way to earn free bids. You may refer friends to PennyRC.com using the form on the PennyRC.com website. PennyRC.com offers 5 free promo bids to any user who refers new users that purchase and use a bid pack. PennyRC.com reserves the right to review each referral for possible fraud. You may not refer family members located in the same household. You may not refer anyone who is not able to bid according to the eligibility rules of PennyRC.com. Look for the referral section in your account.

 

Win Limits

To assure a fair and unbiased site,PennyRC.com reserves the right to limit the number of user accounts per household and the number of won auctions per user account. No more than one Account per household will be allowed. Should more than one account per address or IP address be established and used in conjunction with multiple user accounts, PennyRC.com will freeze said account pending investigation. (Exceptions may apply – contact support for any questions).

In order to maintain a fair and unbiased website, PennyRC.com may restrict winnings to 5 RC Cars, 10 bid packs and 15 non-bid pack items per thirty (30) days rolling.

 

Auction Types

Featured Auctions are usually items of higher value.

Live auctions are all listed auctions open for bidding. Any auction that is not showing open for bidding in the live auctions is not a bona fide auction and any bids placed will not be honored.

 

Special Promotions

Occasionally, PennyRC.com may run promotions. They will be announced in the PennyRC.com newsletter, via email to registered users and/or on the website.

 

Use of outside software

Use of any outside software, not condoned by PennyRC.com, is not allowed and may lead to immediate termination of your account without notice. Any auction win in conjunction with said outside software will not be honored and any bids placed in conjunction with said software will not be refunded. Any type of bot bidding program is considered outside software, weather purchased or not.  Anyone suspected of using any type of bot bidding program will be notified and their account may be suspended pending review.

 

Account Termination

Accounts may be terminated in one of the following ways:

  1. You may choose not to return to PennyRC.com. After one year of inactivity, PennyRC.com will send you an email notification and terminate your account.
  2. You may send a request to customer support to terminate your account.
  3. PennyRC.com may terminate your account at its sole discretion; with or without prior notification or explanation.

 

Bid Purchases

Bids are purchased in advance in the form of “Bid Packages”. Purchased Bids that have not been used in auctions are non-refundable. Should User not honor a payment, User will be charged a returned payment fee. PennyRC.com reserves the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Purchased bids never expire. However, if an account is inactive for six (6) months, those bids may be removed and put in a voucher for future use.

 

Types of Bids Available

There are two different types of bids that may be available. Purchased bids which will have a Buy it Now value of $0.50 per bid placed and promo bids which are bids received through a promotion and will not have any Buy it Now value. Anytime you have promo bids and purchased bids, the promo bids will be placed first. Promo bids have a 90 day expiration date unless otherwise specified. Check promotion for details.

 

Buy it Now

PennyRC.com offers the buy it now option on all auctions unless otherwise specified. The Buy It Now price begins at retail. Each bid you place will lower the retail price by fifty (50) cents as shown on the auction detail page. The price will continue to decline until you have lowered the price by one hundred (100) percent. At that time, the Buy It Now price will not change. Once you exercise the buy it now option, you are no longer eligible to bid on that auction and will be locked out. You will then pay the Buy It Now price plus any shipping and/or other charges listed on the auction page. PLEASE NOTE: You can only use the value of your placed bids up to the product value and only on the particular auction you were bidding. Once your Buy It Now value equals the price, you will automatically purchase the item for (0) dollars and no longer be able to place bids on that item. The Buy Now purchase price can never be below zero. You can buy the product at any time when the auction is online and up to 48 hours following the auction closing time. When you decide to buy the product you will no longer be able to take part in the auction, and any Auto Bidder you have placed on that auction will need to be cancelled and the remaining Auto Bidder bids will be returned to your account. The auction will continue uninterrupted for all other users. Using the Buy it Now option is a purchase and does not count toward your win limit. In cases of limited inventory, all buy now orders are processed after the auction closes.

 

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on PennyRC.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions. Therefore, odds of winning are unavailable. Closed auctions are available to be viewed but have no influence on a current auction of the same item.

 

Acceptance of the Win / Payment for Items

After an auction has ended, the winner must confirm and pay the total price for the won auction. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 48 hours of the auction end date, PennyRC.com reserves the right to withdraw the offer for that item and may substitute an item of equal value if that item is no longer available. In cases of substitution, you will be notified and have input on substitution. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to the winning user until the total price has been paid to PennyRC.com. When processing payment, many auctions will have an option at check out to receive an AmainHobbies.com gift card credit for 90% of the auction value instead of receiving the item. Please note: Gift card credits are only valid online at AmainHobbies.com. Amain retail stores are excluded. Please do not bid on an item with the expectation of receiving the 90% gift card credit option. An invoice containing the auction price and shipping costs will be sent to winner by PennyRC.com and delivery will be arranged.

PennyRC.com asks you pay for the item within 48 hours of the win for inventory management. If items are difficult to procure, we want to make sure the winner receives their item in a timely manner.

 

Withholding Payment / Retention of Ownership

You agree that the item won shall remain PennyRC.com property until payment is received in full of the total price, including the shipping and bids used in the auction. Should any user feel the need to open a dispute on any transaction for any reason involving PennyRC.com, said User’s account will be disabled immediately until said dispute is settled. At that time, PennyRC.com will review said User’s account and determine, at the sole discretion of PennyRC.com whether to reinstate said User’s account.

 

Human Error

On rare occasion, an item may be listed with the incorrect information. This information may be the item description, item picture and/or item price. If item price is significantly incorrect or obviously wrong, any Buy It Now purchases will not be honored and a full refund will be issued. If the item description and/or picture is incorrect, any Buy It Now purchaser will be notified of the error and a full refund may be issued. If the auction has closed, PennyRC.com will contact the winner and discuss his/her options.

Please Note: Many pictures are stock photos provided to us by the supplier or manufacturer and do not necessarily represent the actual item being purchased. Please verify this picture accurately reflects the product described by the title and description on this page before you place your order.

 

Items in High Demand and Low Availability

If an item is in high demand and/or difficult to procure, the first item will be for the auction winner. Any remaining items will be distributed to bidders who used Buy It Now after a bona fide try at winning the auction at the discretion of PennyRC.com. If an item becomes out of stock or otherwise unavailable, an AmainHobbies.com gift card will be issued for the full value of the auction.

 

Returning items

PennyRC.com does not accept returns on items. All sales items are final. If item is in new condition, manufacturer warranty is valid. If item is in used condition, check auction page for warranty information.

 

Delivery

Deliveries are made exclusively to the 50 states of the United States and Washington D.C. Some restrictions or higher shipping costs may apply if the delivery address is in Alaska or Hawaii. Customer support will notify residents of Alaska and Hawaii of the amount which will need to be paid before shipping can occur. Delivery will be made directly from our suppliers or from our warehouse to the address provided by User. Delivery times vary; therefore any time provided should be used as a guide. PennyRC.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 PennyRC.com upon receipt and a claim filed with the shipping carrier.

Any costs associated with reshipping due to an incorrect address provided by User is an expense to User.

PennyRC.com reserves the right request verification of users by requesting photo ID (such as a driver’s license or passport) in order to verify user is bona fide. Also, PennyRC.com, at their discretion may ship physical gift cards or egift cards. Some items may require a signature by recipient or take longer to ship. Please check the auction page for shipping details.

 

Disclaimer of Warranty and Liability Regarding Use of PennyRC.com

You agree that use of PennyRC.com is at users’ sole risk. Neither PennyRC.com nor any of its officers, directors, 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 PennyRC.com or the like, warrant that websites affiliated with PennyRC.com, including but not limited to, PennyRC.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 PennyRC.com may contain inaccuracies or typographical errors. PennyRC.com makes no warranty as to the results that may be obtained from the use of PennyRC.com or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through PennyRC.com. Furthermore, PennyRC.com shall not be responsible for any opinions, views, advice or statements posted on PennyRC.com (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized PennyRC.com spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized PennyRC.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 PENNYRC.COM IS AT YOUR SOLE RISK.

PENNYRC.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PENNYRC.COM, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF PENNYRC.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, PENNYRC.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 PENNYRC.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 PENNYRC.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 PENNYRC.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 PENNYRC.COM.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PENNYRC.COM SERVICES OR ITEMS PURCHASED THROUGH PENNYRC.COM, FROM INABILITY TO USE PENNYRC.COM SERVICES OR ITEMS PURCHASED THROUGH PENNYRC.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PENNYRC.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 User is dissatisfied with any portion of PennyRC.com, User should discontinue use of PennyRC.com.

 

Disclaimer of Warranty and Liability Regarding Purchases from PennyRC.com

All new products are sold with the manufacturer’s limited warranty only. PennyRC.com warrants solely that the products sold to User under these terms shall have the characteristics specified in PennyRC.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. The full text of any such warranty is available, free of charge, upon written request mailed to PennyRC.com. Warranty may be adjusted for the delivery of any used products; check the auction description for information.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, PENNYRC.COM MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY PENNYRC.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 PENNYRC.COM SHALL NOT BE LIABLE FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION AND/OR MISSUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY PENNYRC.COM. IN NO EVENT SHALL PENNYRC.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/Auction Malfunction

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 may 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 may be added to the remaining times for the auctions. Bids placed on a temporarily paused auction will be credited back to User account; however, PennyRC.com is not responsible for any other costs incurred by user due to a system outage. PennyRC.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.

On occasion, there may be a system malfunction which may cause the auction(s) to malfunction.  If this should occur, the auction may be voided at the discretion of PennyRC.com. In the case of a voided auction, no win will be granted, all bids will be refunded and returned to the bid account and any win or Buy It Now final purchases will be refunded.  All orders will be cancelled. No item will be ordered and/or shipped.

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. PennyRC.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, PennyRC.com shall not be liable for any damage incurred by auction users or third parties from using PennyRC.com services. In particular, PennyRC.com shall not be liable for damage that occurs due to bids not being received by PennyRC.com, not being received promptly, or not being considered as a consequence of technical errors.

 

Trademarks

PennyRC.com logos are trademarks of PennyRC, LLC. All rights reserved. Any trademarks appearing on PennyRC.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 PennyRC.com should be made directly to the manufacturer in accordance with their Terms & Conditions.

 

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Users participation of PennyRC.com shall be governed by the laws of the United States of America and the state of Pennsylvania 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 Pennsylvania.

You are subject to the laws of the Jurisdiction in which User resides and/or from which user accesses PennyRC.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 User opens an account and/or participates in auctions offered by PennyRC.com while located in a prohibited Jurisdiction, User will be in violation of the law and these Terms & Conditions, and subject to having Users account suspended or closed permanently. User agrees that PennyRC.com cannot be held liable if laws applicable to User restrict or prohibit Users participation.

 

Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

The protection of personal 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 User and PennyRC.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 PennyRC.com of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by an officer of PennyRC.com.

 

Note:

Placing bids online at PennyRC.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. Please bid responsibly.