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(Last Updated: October 22, 2009)
These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.
Any special promotions run by Bidzi.com shall only be valid if they are announced on the website bidzi.com or in it's corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Any bidding advice or other written materials (for instance, ‘Help’ articles) posted on Bidzi are provided solely as suggestions and are not intended to be relied upon.
Bidzi 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.
If you register with our website we will ask you to expressly agree to these terms of use.
"company/it/our/us/we” relates to Bidzi.com, Bidzi Ltd., Bidzi and the holders of this domain name; “material” relates to code, files, graphical information, programs or textual information; “services” relates to bulletin boards, chat rooms, forums, auctions, newsletters, emails, or any other interactive facilities; “site/page/web site” relates to the complete Web site;“you/your/participant/customer/user/bidder/visitor/auction winner” relates to the person(s) using the Web site.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for catching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which constitutes of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
By placing a bid on Bidzi, 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 Bidzi Ltd. are not eligible to participate in Bidzi auctions under any circumstances.
Online registration is not required to take part in Bidzi auctions. Non-registered users can also participate in auctions by bidding via premium rate text messaging (SMS).
SMS bidders are restricted to 100 SMS bids per month. Other restrictions may also be enforced by your individual telephone service provider, Bidzi is not responsible for any such restrictions. SMS bids are non-refundable.
Only registered users can use the full functionality of “my bidzi”, in particular the Auto Bid and the other Bidzi options. Bidzi recommends that all users register online.
Bidzi’s products and services are offered exclusively to private users and not to commercial or partly commercial resellers. Bidzi 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 misinform other users, may not offend common decency or infringe upon the rights of third parties. If Bidzi receives information of a username that is illegal or in breach of these terms, Bidzi can amend this username 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 Bidzi, shall result in the disqualification of the user and may lead to criminal proceedings.
In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Bidzi reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified when in the reasonable opinion of Bidzi, a member has violated the 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 Bidzi. 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 by a user, Bidzi reserves the right to withhold deliveries or refunds for bids. Bidzi also reserves the right to make a reasonable administration charge deductible for unused bids at its discretion. Furthermore, Bidzi reserves the right to limit the number of auctions a user may participate in or win at its own discretion. (see clause: acceptable use)
Bidding rights, so-called “bids”, have to be purchased and paid for by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages ("Bidzi Packs") of 10, 25, 50, 100, 250 and 500 at the currently applicable prices, which can be viewed in the member area under “buy bids” on Bidzi.com.
Payment can be made by credit/debit card or via payment agents such as Authrorize.net, PayPal and Kospay.
A bid placed via Short Message Service message ("SMS") costs 1,50 € plus possible operator fees. The bidding fee is a handling fee.
Should a bid payment not be honored by a user's financial institution, a returned payment fee will be charged to the user to cover the additional administrative costs incurred by Bidzi. Bidzi 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.
Certain bids (e.g. some "FreeBids", "Bonus bids") are valid only for a limited time. Upon expiration of the time stated, the bids expire and can no longer be placed. Refunds are not available for expired bids.
All types of bids expire in 60 days from the date of purchase or from the date when the bid has been credited to a user's bidzi.com user account.
Registered users can bid in two ways online. Bids can be placed by clicking on the relevant 'BID' buttons, or can be placed automatically by an 'Auto Bid' feature. Once a bid is placed, it is deducted from the user’s bid account.
Non-registered users can bid in auctions by sending a Short Message Service message ("SMS") and by texting the corresponding auction number. The costs for the bid are invoiced to the user via their mobile telephone provider. The cost of bidding via SMS is clearly stated on the Bidzi website. As SMS bidders can only be identified by their mobile phone number, Bidzi will not accept SMS bids from withheld numbers. The user must, therefore, disclose his or her phone number to ensure that Bidzi can accept the bid(s) and allocate it to their respective mobile phone number.
The Auto Bid feature assists bidders in being able to bid on an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more Auto Bids. The Auto Bid feature automatically submits bids according to the parameters set in advance by the user. The user can read about how the Auto Bid feature operates in the “Help” section. The user is prohibited from using bidding software not authorized by Bidzi, and doing so will result in immediate disqualification from use (see clause: Requirements for account membership / Eligibility / Disqualification).
Note: We would like to advise all users to monitor their bidding practices. Purchasing bids online at Bidzi.com, or by sending a Short Message Service message ("SMS") and texting the corresponding auction number frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their mobile phone charges regularly. It is also possible to have premium rate numbers blocked by certain network operators, please contact your network operator for further information.
With each bid placed, either online or by SMS service, the price of the item on which the user is bidding increases by the amount specified (for instance by 1 cent during “Penny Auctions”).
A bid submitted by the user constitutes an offer from that user to Bidzi to enter into a binding contract to purchase the item. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps (see clause: Auction winners / Payment / Purchase completion).
Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually, 10, 20, 30, 45 or 60 seconds). Bidzi reserves the right to remove products from the Bidzi.com website at anytime without notice, including auctions which are already in progress.
The auction ends when the remaining time reaches zero. The user who is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in Bidzi’s database and Bidzi’s decision regarding who is the last bidder shall be final (save in the case of manifest error).
The purchase completion process is initiated after an auction has ended, the last bidder ("winner") must go to "my bidzi" to access the relevant sale information such as total price (including shipping costs) and payment options, which will be displayed. The winning user must actively confirm the win and pay the total price (end price plus shipping costs) by following the steps indicated on the "my bidzi" page. Once the winner has clicked on the confirmation button the win is accepted.
In the event that an auction win has not been confirmed and paid by the winner within 21 days of the auction end date, unless there are exceptional circumstances Bidzi 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. The user must pay the total price when confirming the win.
The winning bidder will receive a notification of the win by email and/or SMS with request for payment of the amount due.
In the event that users win via Short Message Service message ("SMS"), SMS bidders will be notified through text message by Bidzi to the same mobile phone number that was displayed during bidding. Upon winning an auction, users have the option to register on Bidzi.com website where they can consent the win (see clause: Bidding / Auto Bid).
The item will not be sent to the user until the total price and any outstanding bid payments due have been paid to Bidzi. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price has been paid for in full. Bidzi reserves the right to charge the winner reasonable storage charges for items won through Bidzi auction but not yet paid for.
An invoice containing the auction price and shipping costs will be sent to the user by Bidzi once delivery has been arranged.
Bidzi has the right to contact the winner after the end of an auction and publish information about the winner. All winners of items worth € 1 500 or more are obligated to submit a picture and/or video testimonial and full name to Bidzi for publication on Bidzi.com. In order to provide its members and the public with transparency in regards to auction winners, Bidzi has the right to forward auction winners’ contact information to relevant media, individuals, and Bidzi’s certified accounting firm.
Bidzi 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.
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, unless the item is faulty or not as described.
If a user wishes to cancel the contract, they must inform Bidzi in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.
Cancellations can be sent to: Bidzi Ltd., 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN, United Kingdom. Or by email at customerservice@bidzi.com.
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 at charge 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 Bidzi 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 made by the customer. Sets/boxes can only be returned in their entirety.
Unless otherwise stated, delivery will be made directly from our suppliers warehouse or from our warehouse to the address provided by the user.
Deliveries are made using Royal Mail Special Delivery, which guarantees next working day delivery before 12 noon for UK customers. Deliveries for other countries are sent via International Airsure Recorded Delivery (Royal Mail) or FedEx and are normally received within 7 days of dispatch, with tracking numbers being provided.
Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Bidzi 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 Bidzi upon taking delivery.
Should Bidzi not be able to deliver the item ordered, Bidzi 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. The user’s statutory rights are not affected.
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 Bidzi.
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 Bidzi's property until payment is received in full of the total price, including the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. Bidzi shall have full rights of access to the place where the item is located during normal business hours to take possession of the said item.
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability, which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
- to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
- we will not be liable for any consequential, indirect or special loss or damage;
- we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
- we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
In particular, Bidzi shall not be liable for faulty operation of telephones or computers during bid placement and for incorrect or overly slow transmission of bidding data by the telephone or internet provider (including but not limited to those specified in condition "System failure / Temporarily halted auctions" below). Should such an event occur, the bidder shall have no legal right to the purchase or receipt of an item. Bidzi shall not be liable for any losses arising from the user’s subsequent use or misuse of the item including (without limitation):
- fair wear and tear;
- willful damage; and
- the user’s negligence or any failure to follow Bidzi’s instructions as to placing of the bids.
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. These terms of use shall not affect a user’s statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on the part of Bidzi Ltd.
Products offered for auction 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.
Bidzi will take all reasonable care to ensure that details, descriptions and prices of products which are featured on its website are correct at the time when the relevant information was entered onto the system. Bidzi shall endeavor to keep the website as up to date as possible but can offer no guarantees that the information including descriptions of products on the website is still accurate when a user visits the website and/or bids for products. Images of products on Bidzi.com may differ from those actually supplied.
Products sold on Bidzi.com typically come with the manufacturer’s warranty, which obviously vary by manufacturer. Although Bidzi is happy to assist the customer in correcting any issues with faulty products, the company does not offer any explicit product warranties.
In case there are any faults with the received item(s), please contact our Returns Support Centre (within 30 days of receipt) at returns@bidzi.com. The customer will then be given the option to return the goods for inspection. If the fault of the product is covered by the manufacturer’s warranty, Bidzi will assist the customer in acquiring a brand new product from the manufacturer.
If you find that Bidzi has sent you an incorrect item, please contact us at returns@bidzi.com. A Bidzi representative will then contact you with instructions on how to return the item. If the instructions provided by Bidzi are followed there will be no charge for the return. Bidzi will send the user the replacement as soon as Bidzi receives the original item.
The user must return the original item to Bidzi.com within 30 days of our email confirming the issue of the replacement item. In case of delays Bidzi holds the right to cancel the issue of replacement.
A system failure has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 8 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Bidzi, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. (see clause: Damages / Reimbursement of expenses / Limits of liability).
Bidzi shall not be liable for any damage whatsoever incurred by auction users or third parties from using Bidzi’s services. In particular, Bidzi shall not be liable for damage that occurs due to bids submitted by auction users not being received by Bidzi or not being received promptly or not being considered, as a consequence of technical faults.
Declarations undertaken in the contractual relationship with Bidzi must be in written form and sent to the address indicated in the imprint or sent to us by email. With contractual relationships with companies, the parties agree to the applicability of the law of the United Kingdom, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent that merchants are involved in the contractual relationship with Bidzi, the legal jurisdiction is agreed to be the courts of England and Wales.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Bidzi takes privacy very seriously and only operates transactions over Industry-standard Secure Sockets Layer (SSL) technology to allow the encryption of any sensitive information like names/addresses and critically sensitive information like financial details. All Credit/Debit Card transactions are taken in a secure environment by 3rd Party Partner companies to ensure customer confidentiality and efficient/secure payment services.
We will only collect information about you in order to process your transactions with us and to tell you about services we offer. At no point shall we willfully share or disclose information about you to any third parties other than to complete the process of your order. Information may possibly be shared under the following circumstances; you have provided previous agreement or it is a requirement to under legal obligations.
By placing an order or transaction with us you consent to the collection and use of the information supplied purely for the purpose of completing your order or transaction.
Bidzi is committed to protecting the privacy of our users while providing the highest possible quality of service. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998) and will not forward your details onto a third party.
Links within this website follow two forms. The first are links that redirect the user to pages within the website. These links may be used and saved to access the website. However, commercial organisations may not use links to the website without written consent.
The second are 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 Bidzi website.
We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
www.bidzi.com is wholly owned and operated by Bidzi Ltd.
Bidzi Ltd. is registered in England and Wales under registration number 06819208.
Our registered address is:
Bidzi Ltd., 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN, UK.
You can contact us by email at customerservice@bidzi.com
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