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Please note: Participation in auctions held on this
site is only open to persons aged 18 years and over.
1. INFORMATION
The terms and conditions set out below form the basis of the binding legal
agreement between PrizeBid and you, the Bidder. They set out the rules which
are applicable to your participation in the auctions. You should read these
terms and conditions carefully as your participation constitutes your
acceptance of these terms and conditions.
2. DEFINITIONS
Auction Close - means the time when the required number of bids has been
met.
Bid - means an entry by a particular Bidder into in a particular
PrizeBid Auction.
Bidder/You - means the individual who participates in the auction by
placing a bid.
Bidders Account - means the personal account of the bidder in which they
can access information which applies solely to themselves.
Bids Required - means the number of bids that must be made in order for
the auction to end.
PrizeBid Auction - means the particular auction format described in this
agreement.
Credits - means the unit of currency that replaces cash for a PrizeBid
Auction.
Item/Product - means the item that bidders are placing bids for and can
include services.
Successful Bidder - means the sole bidder that is determined to have the
right to receive a particular product/service on a PrizeBid Auction as per this
agreement.
Unique Bid - means a bid that is not the same as any other bid in the
same PrizeBid Auction.
We/Our/Us - means PrizeBid.
Winning Unique Bid - means the lowest Bid that is not the
same as any other Bid for a particular PrizeBid Auction.
3. CONCEPT
3.1 For each PrizeBid Auction, PrizeBid will determine the following:
a) The item/product for sale by auction.
b) The number of bids required to complete the auction.
c) The number of credits required to make a single bid in the
auction.
and if necessary, PrizeBid may also stipulate the following:
a) The member type required to participate.
b)The quantity available.
c) The end date of an auction.
d)An amended end date of an auction if the number of bids received for a
product is not at the required level set by PrizeBid
3.2 When the required number of bids has been achieved, the PrizeBid Auction
will automatically reject any further bids. In the unlikely event that any bids
were made after the auction close, these bids will be rejected.
3.3 The retail price or market value or an item/product on offer may be
stated as part of the description. Though every effort will be made to ensure
this figure does reflect the value of the product as closely as possible, it
does not mean that the item is not available for purchase for a cheaper
price.
4. BIDDING
4.1 Bidders must not disclose, in any circumstance, details of their Bids. In
addition, Bidders must not enter any agreement with each other in order to
increase the chance of winning.
4.2 All bidders must be at least 18 years of age.
4.3 Bids may only be placed if the Bidder has successfully purchased credits
through our payment gateway. PrizeBid uses one or more third-party payment
services for the acceptance of payments for PrizeBid credits. While PrizeBid
has endeavoured to ensure that due care is exercised in handling credit/debit
card information, including the use of Secure Socket Layers (SSL), for the
transmission of sensitive information over the Internet, PrizeBid will not be
held liable for any compromise or misuse of this information.
4.4 PrizeBid reserves the right to cancel any bids without refund of credits
under one or more of the following circumstances:
a) The bidder provides any false, misleading or invalid information of
any kind when
registering or purchasing credits.
b) A fraudulent method of payment is used to purchase credits.
c) The bank or other credit institution reverses the credit card
transaction for the purchase of Credits.
d) A Bidder co-operates with any other bidder when placing a Bid.
e) Any other breach of these terms and conditions.
4.5 PrizeBid reserves the right to cancel any bids and refund the credits lost
in the following circumstances:
a) If a bid is incorrectly accepted by the system when the number of bids
required
has been met as of 3.2 in this agreement.
b) If an auction has become 'stagnant' where an item/product has not
received any bids
for a certain period of time. The period of time is at
the discretion of PrizeBid.
4.6 PrizeBid reserves the right to cancel any bids and refund the cash value of
the credits in the event that PrizeBid ceases to trade for any reason.
4.7 PrizeBid shall not be reliable for any causes preventing the receipt of
bids for any reason, including, but not limited to an overload of the website
server, downtime of a mobile phone network or any hardware or software
failure.
5. SUCCESSFUL BIDDER
5.1 The Bidder that places the Winning Unique Bid is determined the Successful
Bidder for that particular PrizeBid Auction.
5.2 In the event of no Winning Unique Bid, then the Successful Bidder will be
calculated from the lowest bid with exactly two bids and the person to have
made the bid first will win. If there is still no winner then the process will
continue with three bids then four etc. PrizeBid will record the date and time
of each bid down to the second and disputes over the time a bid was made will
be unacceptable.
5.3 Auctions that finish when the required number of bids has been achieved
calculates the Successful Bidder instantly, and Bidders can access the winning
bid details from their Account. However, as of section 4.4 in this agreement,
PrizeBid reserve the right to cancel bids at any time which, in turn, may
affect the Successful Bidder outcome.
5.4 In the event that the exact model of an item/product which is being bid for
in a PrizeBid Auction is no longer available, we reserve the right to
substitute the product for a similar one of the same or greater value.
6. DELIVERY OF PRODUCTS/SERVICES
6.1 PrizeBid operates a free delivery system to any address within the UK.
However, if a Successful Bidder requires delivery to an address outside the UK,
PrizeBid has the right to: a) charge the customer an
additional fee to cover the delivery charges,
OR
b) offer PayPal Voucher to an amount specified by PrizeBid.
OR
c) refuse delivery to the address altogether.
6.2 Delivery of any item/product may take up to 28 days, however, PrizeBid
makes every effort to deliver within 5-10 days.
6.3 Products that are available for bidding via a PrizeBid Auction that are not
yet available in high street stores in the UK are exempt from our delivery
times stated in 6.2 of this agreement.
6.4 It should be understood that PrizeBid is not the supplier of the products,
and that the products may be supplied directly from the
suppliers/producers/service providers etc, subject to the conditions of this
agreement.
6.5 Guarantees for products are set by the supplier/producer/service provider
and PrizeBid does not provide additional guarantee.
6.6 Except to the extent that is required by law, PrizeBid is not responsible
for the quality of the product, its fitness for purpose, its faults and/or
unsuitability causing loss or damage to the user.
7. SEVERABILITY
7.1 If any provision of these terms and conditions is held to be invalid by any
law, rule, order or regulation of any government, or by the final determination
of any court of a competent jurisdiction, such invalidity shall not affect the
enforceability of any other provisions not held to be invalid.
8. PUBLICITY
8.1 PrizeBid may release any information concerning the status of a PrizeBid
Auction during the course of a PrizeBid Auction.
8.2 Each Bidder acknowledges that PrizeBid is permitted to publicise the name,
general address (not the personal address) of the Successful Bidder for each
PrizeBid Auction.
8.3 Each Bidder must also acknowledge that PrizeBid is permitted to publicise
every bid value of every PrizeBid Auction when a PrizeBid Auction has
completed.
9. DATA PROTECTION
9.1 Information that You supply to Us as part of the registration or bidding
process (including but not limited to your name and address) is subject to Our
Data Protection and Privacy Statement.
9.2 The current version of our Privacy Statement shall be deemed
incorporated into Our Terms and Conditions.
9.3 It is our policy at PrizeBid to keep your information private and never
disclose your details to any other company or organisation unless required by
law.
10. GENERAL
10.1 Our terms and conditions shall be governed by and constructed in
accordance with English Law. Both You and Us hereby submit to the exclusive
jurisdiction of the English courts.
10.2 We reserve the right to review and revise Our terms and conditions from
time to time without giving You prior notice. By participating in PrizeBid
Auctions subsequent to any revision of Our terms and conditions, you agree to
be bound by such changes. |
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