Terms & Conditions
Section 1. Introduction
1.1. Definition of Terms
Account means the general sense of the word; the collection of money, services, Credits (both Free and Paid) on behalf of a Registered User of the Web Site
Administration Fee means a fee that is charged to any Registered User for administration of his Account that occurs outside of the Company's main interests
Auction refers to an electronic time-critical Auction of a Product, on which all Registered Users may Bid
AutoBids refers to the Bids that any Registered User may instruct the Web Site to automatically place
Bid refers to the action of spending one or more Credits on an Auction, whereby each Bid increases the price of that Auction by one penny
Buy One Get One Free (BOGOF) means a special, promotional offer in relation to Credits. Note there are important provisos that apply to the use of this term throughout the Web Site. Please refer to Section 21 (Buy One Get One Free Offers (BOGOF)) for full details.
the Company means Marcandi Ltd, 1 & 2 Studley Court Mews, Studley Court, Guildford Road, Chobham, Surrey GU24 8ED, United Kingdom, Reg No: 6609609 VAT Reg No: 934 925792
Credits refer to the intangible MadBid currency which a Registered User may purchase, or otherwise acquire, in order to Bid on Auctions on the Web Site
Earned Discount means money spent bidding on an Auction, which may then be redeemed against a Buy Now either of the underlying Product in that Auction, or any other Product on the Web Site.
Earned Discount Expiry Time means 365 days from the closure of an Auction.
MadBid means the Web Site run by the Company
Non-Personal Information means, but is not limited to:
- the date a Registered User registered on the Web Site,
- the categories of Auction which a Registered User Bids upon,
- the Products won and bought by a Registered User,
- the Bids placed by a Registered User, and
- the time of day a Registered User is typically active on the Web Site.
Payment Options means the options available to a Registered User to pay for Auctions, Credits, Products or any Services supplied by the Company. The options available include Credit Cards, Debit Cards, Paypal and Moneybookers.
Product means any item for sale on the Web Site, excluding Credits
Product Type means one of the four following types of Product: Platinum Product, Gold Product, Silver Product or Novelty Product
Promotions means the different and varied invitations to purchase displayed on banners, in videos and through text which are offered permanently and/or periodically by the Web Site. Promotions can include Buy One Get One Free offers (as detailed in Section 21 (Buy One Get One Free Offers (BOGOF))), promotions which give free prizes and promotions that give a % of extra Credits upon purchase of a particular Credit Package (see Section 22 (Other Promotional Offers)).
Registered User refers to any person that has registered as a User through the Web Site
The Return Time Period means within 30 days of the delivery of a Product to a Registered User
Server Timer refers to the internal time keeping unit in the system.
Time Period for Payment of Winning Bid means any time within 2 (two) days of a Winning Bid
Timer Countdown refers to the value the timer resets back to after a Bid is placed
Timer refers to the remaining time on the auction assuming no further Bid is placed
User refers to any person who places a Bid on any item on the Web Site
Winning Limit means the amount of Products a User may win within a certain time period. Further Winning Limits apply by Product Type.
Web Site includes the head site domain madbid.com, and all other generic sub-domains, including (but not limited to) madbid.de, madbid.it, madbid.se, madbid.fi and madbid.es. This definition encompasses all sites provided by the Company for use by guests and Users
My MadBid means the personalised section of the Web Site where Registered Users may edit their account and view their recent activity including wins, Credits spent, orders and order status
Winning Bid means the price of any Auction on which the Countdown Timer has reached zero
Winning Bidder means the Registered User who placed the Winning Bid on any Auction
The Company operates an e-Commerce Web Site, which:
- runs Auctions,
- supplies Products, and
- supplies Services (such as Sneak-A-Peek).
These represent the Company's main interests.
The Company's Web Site is designed to encourage elements of 'social bidding' and to ensure a level playing field for all Registered Users who wish to Bid on its Auctions.
1.3. Date of Commencement
These Terms and Conditions are valid from the 17th December 2014. All Registered Users who registered with the Web Site prior to this date, are required to accept these Terms and Conditions to continue to use the Company's Web Site. If registering for the first time after this date, a Registered User must have accepted these Terms and Conditions to begin use of the Company's Web Site.
1.4. Your Relationship with the Company
Registering on the Company's Web Site gives you the status of a Registered User. All Registered Users must therefore agree that these Terms and Conditions constitute the contractual relationship between the Company and the Registered User in relation to its Web Site.
These Terms apply equally to all countries in which the Company operates. Registration and use of the Web Site operated by the Company constitutes an acceptance by a Registered User of all of the Terms herein. These Terms constitute a legally-binding agreement between a Registered User and the Company. A Registered User is assumed to have read through them all carefully. If a Registered User violates any of these Terms and Conditions, he may be suspended from the Web Site.
If suspended from the Web Site, he will not be entitled to receive any item won or purchased from the Company and will forfeit any remaining Credits in his Account.
1.5. Consumers Only
This Contract only covers the parties it intends to. Non-consumers who are in a business relationship with the Company cannot avail themselves of any of the rights given under this Contract and it would be wholly inappropriate for them so to do.
1.6. Business Relationship
These Terms and Conditions apply exclusively to the business relationship between:
- the Company, including its Web Site, and
- its Registered Users.
1.7. Use of Web Site Is Acceptance of Terms
By using the Web Site, a Registered User fully accepts these Terms, as well as the manner in which the Company conducts its business activities. The Company does not recognize any other Terms and Conditions unless the Company has agreed to their validity in writing. The Company also reserves the right to change these Terms at any time, without prior notice to any of its Registered Users. In the event that Terms are changed, their effective date will be updated on this page, and Registered Users will be required to give their consent to using the Web Site in accordance with the updated Terms.
1.8. Disclaimer Regarding Content
None of the content on the Company's Web Site is intended to amount to advice. A Registered User should not place any reliance on it. The Company disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on any content on the Web Site, including by any parties who may link to such content or even be informed of such content by third parties.
1.9. Applicable Law
The Company operates Web Sites in different countries. Different countries are subject to different overarching laws. The Company's Headquarters are based in the United Kingdom. All contracts between Registered Users and the Company are ultimately subject to the laws of the United Kingdom of England and Wales.
1.10. Severability Clause
These Terms are governed by the sole jurisdiction of England and Wales. This Agreement excludes the UN Convention on the International Sale of Goods. Should (a) Term(s) of this Contract be the subject of legal action in the UK, and found to be unenforceable, this shall only affect the applicability of that (one) Term(s).
1.11. Choice of Forum
In the event of a dispute between a Registered User and the Company, a legal action may only be brought in the Courts of the United Kingdom. Further information is given in Section 19 (Any Claims).
1.12. Registered Users
1.12.1. Registered User Requirements
A Registered User must:
- be over the age of 16, and
- be able to enter into legally-binding contracts with the Company.
If a Registered User does not fulfill these requirements at time of registration then the contract will be void. Furthermore, a User warrants, by registering with the Web Site, that he will provide a residential postal address (Not a PO (Post Office) Box address) to take delivery of the Products he wins or purchases.
1.12.2. Registered User Restrictions
A Registered User must not be:
- a person who has already registered with the Web Site (See further Section 2.2 (Lone Registration) and Section 2.12 (Obligation to behave Honestly))
- a previously suspended Registered User of the site, who has re-registered; and/or
- a person in any way associated with the Company (see Section 1.13 (Restrictions on those Associated with the Company)); and/or
- resident outside of the country where he has registered (see further Section 2.1 (Requirement to be Resident in Country of Usage)).
If a Registered User is any of the above at time of agreement then the contract will be void.
1.13. Restrictions on those Associated with the Company
Those associated with the Company will, of necessity, be required to use the Web Site in order to fulfill the Company's obligations under Section 3 (The Company - Overarching Requirements, Rights and Obligations) of this Agreement.
However, it is expressly forbidden for a Company:
- Director, or
- relative of an employee or Director
to use the Web Site in the manner of a Registered User.
No person who is associated with the Company under this section can agree to this Agreement, and none of the protections or rights herein are extended to a person associated with the Company.
The Company is committed to a level playing field for all Registered Users. To this end, no-one associated with any of the above persons may agree to these terms, become a Registered User and/or use the Web Site.
Further information will be found in the pertinent agreements signed by all those associated with the Company.
Section 2. Registered Users - Overarching Requirements, Rights and Obligations
2.1. Requirement to be Resident in Country of Usage
A Registered User must use the version of the Company's Web Site tailored for the country where they are resident. For example, only residents of the United Kingdom may use the uk.madbid.com Web Site. The Company filters all IP addresses used to access its different Web Sites. IP addresses from outside the country of operation will be rejected during operations such as Bidding and Buying Credits or Products. The prohibition extends to accessing any Web Site from abroad. A Registered User who is on holiday outside of his resident country must not attempt to use the Company's services until he returns from holiday.
Furthermore, if a Registered User has been suspended from the Web Site, but then physically moves to another country in which a different country Web Site operates, he must not attempt to become a Registered User in this new country.
It is strictly prohibited to Register, or to attempt to use any of the Company's services, from outside the country where a Registered User is resident. In the unlikely event that a Registered User is able to achieve this, his Account will be automatically terminated in accordance with Section 11. The effect of Suspension in this case will be as outlined in Section 11.2 (Effect of Suspension).
2.2. Lone Registration
A Registered User may not register more than once with the Company's Web Site. Multiple identities and accounts are banned.
A Registered User must choose a Username during the registration process. This Username must not be offensive or infringe the right of a third party. This Username must not be misleading, used to give opinions, or directly or indirectly solicit other Users of the Web Site to use the services of any other Company. Certain other obligations are created in respect of a Registered User’s Username in accordance with Section 2.13 (Obligation to Retain Username).
The Company has a right to change any Username which is in breach of this term. See Section 3.1 (Right to Change the Username of a Registered User).
A Registered User will be given a Password for the Web Site during the registration process. This password must be kept secret. All Registered Users are liable for any activities undertaken using their Username and the associated password.
2.5. Mobile Phone Number
A Registered User may need to provide a mobile phone number from his resident country during the registration process. This is done in order for the Company to authenticate him and allow him to become a Registered User of the Web Site. An authentication code is sent to this phone number.
2.6. List Of Countries And Sites That May Use MadBid
Users may register and use MadBid.com in the following countries:
- United Kingdom
- Irish Republic
The Web Site is localized for each individual country, and the correct taxes and language is used on a "per site" basis. Registered Users must use the local Web Site for their country, although the same auctions will be displayed on each site.
2.7. Right to Buy any Auctioned Product for the Winning Bid Price
A Registered User has the right to offer to buy any Product on which he placed the final Bid before the Auction Timer reaches zero. The Company has a corresponding obligation to sell that Product to him for the price of the final Bid (plus Shipping and Handling). See further under Section 3.27 (Obligation To Sell Any Auctioned Product to the Registered User who holds the Winning Bid).
2.8. Right to be Notified if Company Determines Collusion
A Registered User has the right to be notified if the Company concludes he has been guilty of Collusion. He has the right to be told why the Company believes he has colluded and why. He also has the Right to dispute the Company's claim using the procedure set out in Section 10.5 (Disputing Company's Claim of Collusion).
2.9. Right to Unilaterally Terminate This Agreement
A Registered User has the right to terminate this Agreement at any time. The Company provides the instructions on how to achieve this on its Web Site. Any effective communication in which a Registered User states he wishes to cancel his use of the Company's service (including telephone, e-mail or Registered Post) will terminate this Agreement. A Registered User has the right to cancel his account at any time, and the Company has no right to prolong the relationship.
2.10. Procedure for Return of Defective Product
The following term describes how a Registered User should return a defective product. This term is not applicable in Italy, where an entirely different term applies. Italian users should refer to Section 2.27 (Return of Defective Product in Italy).
A Registered User must e-mail firstname.lastname@example.org before sending the Product back to the Company.
He must also return:
- the entirety of the Product,
- all of the associated packaging and
- all warranty information.
See further stipulations under Section 8 (Contractual Relationship and Cancellation of Account And/Or Product(s) Ordered).
2.11. Right to the Return of Paid Credits and Closing Price in the Event of Auction Restarts
If the Company needs to restart an Auction in the event of a Site Attack (See Section 12 (Site Attacks)) or due to any other technical problem), a Registered User has the Right to the return of all Paid Credits he spent on an Auction.
There is no Right to the return of Free Credits.
Furthermore, if a Registered User received an automatic notification of his 'win' - and was able to complete the Payment Process, he has the right to the return of the closing price he paid, plus the Shipping and Handling costs.
2.12. Obligation to behave Honestly
The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Auctions in a 'level playing field' environment. All Registered Users are expected to behave honestly and fairly. The services of the Company are only provided to a Registered User whilst the Company retains trust in that Registered User to behave in this manner. The Company will suspend any Registered User who breaches this requirement under Section 11 (Suspension).
2.13. Obligation to Retain Username
A Registered User may change their username once, within the first seven days of registering on the Company's web site. After this period, a Registered User is obligated to retain that Username in respect of all of the Company's services. Only the company can decide a name change at its discretion at any time.
2.14. Obligation to Ensure Password Protected
A Registered User must keep his Web Site password secret. A Registered User is liable for any activities undertaken using his Username and the associated password.
2.15. Obligation to Update Mobile Phone Number
If a Registered User has informed the Company of his Mobile Phone Number during the Registration process, or via the My MadBid section and has asked for reminders of upcoming Auctions to be sent to him via SMS, then this will occur. The Web Site tries at regular intervals for a maximum of 36 hours to deliver any SMS message. After this, it reports to the Company that the User was not contactable on that mobile. Further SMS messages will then not be sent to that Registered User.
The Company recognizes that a Registered User may change his mobile phone and forget to inform the Company, with the above result. To start to receive SMS messages again, the User is placed under an obligation to update his number through the My MadBid section. This is, however, a "soft obligation", in that no penalty attaches to any Registered User who fails to do this.
A Registered User's attention is drawn to Section 3.5 and to update his Mobile Phone Number only when doing so will not interfere with any Auctions he is bidding on, and any Orders that have not already been shipped to him.
2.16. Obligation Never to transfer Account
A Registered User's account is non-transferable. Only one individual person may use any the account of a Registered User. If the Company finds that the Registered User is allowing other individuals to use his Account, it will take the actions detailed in Section 11 (Suspension).
2.17. Obligation to Keep Payment Method Unique to Company Account
A Registered User is offered a number of methods to make payment for products won and Credits. These methods cannot, and must not, be used over different Accounts held with the Company.
2.17.1. Further clarification of User's Obligation to Keep Payment Method Unique to Company Account
If a Registered User uses a Payment Method (such as PayPal, MoneyBookers, etc.), this Payment Method becomes associated with his Account. If that same Payment Method is then used with a different Account, this triggers an investigation into whether Collusion is taking place (See Section 10 (Collusion)).
The Company recognizes that, in some cases, there will be an innocent explanation as to why a Payment Method associated with a different Account, may have been used to fund a different one. Nevertheless, a Registered User expressly undertakes never to allow any funding of another Registered User's account with the Company using any Payment Method he has himself used on the Company.
2.17.2. Exceptional Circumstances
In exceptional circumstances, the Company may approve a Payment Method associated with a different Account. The Registered User must:
- contact the Company before making payment, and
- request payment be taken via this alternative Payment Method.
Whether or not to allow that Payment Method will be at the sole discretion of the Company.
2.18. Obligation to Provide Proof of Identity (if Requested)
A Registered User recognizes that, in order to effectively police the operations performed on the Company's web site, the Company may need to verify his identity. This verification will be done in accordance with the Company's right under Section 3.2 (Right to Verify Identity of Registered User).
A Registered User recognizes that, if he is requested to provide proof of his identity, this becomes an obligation which may need to be fulfilled before he can continue using the full services of the web site.
If a Registered User does not wish to supply documents reasonably requested by the Company, he is obligated under Section 2.19 (Obligation to Notify the Company if Refusing to Provide Proof of Identity) as appropriate.
2.19. Obligation to Notify the Company if Refusing to Provide Proof of Identity
A Registered User who is obliged by virtue of Section 2.18 (Obligation to Provide Proof of Identity (if Requested)) to provide proof of identity has the Right to refuse to upload it.
If so, he must notify the Company within 14 days of the Company's request of his refusal. If the Registered User refuses to supply the identification documents, that Registered User understands that the Company will withdraw their Acceptance of his Offer(s) to buy any Auctions or Products.
In the rare event that the Registered User:
- has not supplied identification documents;
- has paid for an Auction, or Product; and
- has not had it delivered to him due to his refusal to confirm his identity
the Registered User may opt to be refunded the amount(s) paid in full for those non-delivered goods.
2.20. Obligation to Use Web Site Only When Resident in Host Country
A Registered User must only use the Web Site of a country where he is resident. A Registered User must not attempt to access the Web Site of his resident country from outside of his resident country.
A Registered User cannot use the site if he is, for example, on holiday outside of his home country. (See further Section 2.1 (Requirement to be Resident in Country of Usage)).
2.21. Obligation to Pay For Any Auction on which he holds the Winning Bid within the Time Period for Payment of Winning Bid
A Registered User must pay the amount of his Winning Bid within the Time Period for Payment of Winning Bid.
Failure to do will result in the Registered User forfeiting his right to buy the Product in that Auction. Furthermore, if the Registered User does not make payment within the Time Period for Payment of Winning Bid, the Company will not be obliged to return the Credits the Registered User spent in winning the Auction.
2.22. Obligation to Contact the Company if Required
A Registered User may need to contact the Company in rare situations concerning the supply of an Order (for example, the supply of an Age-Restricted Product or if the Registered User wishes to ship to an address which he appears to have inputted incorrectly).
In such situations, the Company will communicate this to him. This communication can take the form of:
- an e-mail; and/or
- via SMS; and/or
- via telephone call; and/or
- by the status of a Won Auction or Product being changed to 'On Hold' (This message will then appear in the Registered User's My MadBid section).
When the Company contacts the Registered User and seeks information from him, the Registered User must not refuse contact with the Company.
The Registered User must respond within thirty (30) days to any enquiry made of him from the Company, otherwise the Company may institute its right to suspend the Registered User (See Section 11 (Suspension)).
2.23. Obligation to Examine any Products Won for Damage in Transit
A Registered User must carefully check the packaging and particulars of any Product he receives from the Company. This inspection should be done immediately on receipt of any Product won from the Company.
If the Packaging is clearly damaged, a Registered User should refuse to take delivery of the Product, should refuse to sign for delivery, explain to the Courier why he refuses to sign and refer to the terms in Section 9 (Delivery).
2.24. Right to have Buyer Protection lifted on fulfulling the requirements of the Buyer Protection procedure
Under Section 3.28 (Right to Institute Buyer Protection), the Company has the right to institute a procedure called Buyer Protection on the Account of a Registered User. The procedure for lifting Buyer Protection is set out in full at Section 3.29 (Obligation to complete Buyer Protection procedure). The Registered User placed in Buyer Protection has the right to have his Account fully re-instated within 48 hours of providing the necessary document under this section.
2.25. Right to have an Incorrect Earned Discount Corrected
The Company operates a feature called Earned Discount on its Auctions (See Section 15.8 (Earned Discount)). If a Registered User believes that his Earned Discount is incorrect, it is his right to notify the Company and have that Earned Discount corrected. However, the Registered User must exercise this right within the Earned Discount Expiry Time.
2.26. Permission Grants in relation to Promotional Material on behalf of Registered Users
The Company operates several pages on its Web Site which detail previous wins and purchases by Registered Users, along with pictures of them posing with their products. There is no requirement for any Registered Users to submit such photographs. However, the Company will sometimes approach certain winners and buyers, and ask if they can feature them on the Web Site. Registered Users grant the Company that permission to approach.
Furthermore, if the Company:
- asks a Registered User to submit a photograph of them posing with their product, and
- the Registered User does so
the Registered User grants a permission to the Company to use that photograph, and his city or State information, for advertising and promotional purposes. This permission exists in perpetuity, in any and all forms of media now known or hereafter devised, without any compensation, review or approval rights, or further notification or permission needing to be sought.
2.27. Return of Defective Product in ItalyThis term is applicable in Italy only and so therefore is omitted from this site.
2.28. Legal Guarantee Of Confirmity (Italy Only)
This term only applies in Italy and so has been omitted here.
Section 3. The Company - Overarching Requirements, Rights and Obligations
3.1. Right to Change the Username of a Registered User
The Company reserves the right to change the Username of any User who has chosen a Username which is contrary to Section 2.3 (Username). If the Company is of the opinion that such a Username was chosen for malicious or nefarious purposes, the Company additionally reserves the right to suspend such that Registered User's Account. (See Section 11 (Suspension).)
3.2. Right to Verify Identity of Registered User
The Company has the right to verify the identity of any Registered User at any time, using all reasonable endeavors. This Right to Verify extends to a temporary hold being placed on the activities of any Registered User whilst the necessary verification is carried out.
The Company has the right to request that a Registered User provide a scan of photo ID (such as a Passport or Driving License), proof of address and/or other documentation reasonably required for verification purposes.
3.3. Generic Right to Suspend Registered User
The Company reserves the right to suspend any Registered User who is in breach of the restrictions in Section 1.12.2 (Registered User Restrictions), or who does one or more of the following:
- Creates multiple identities on the Web Site;
- Bids under more than one Username;
- Allows different individuals to Bid using his Account;
- Uses unfair means to win any Auction;
- Registers on any of the Company's Web Site from any other country other than the country permitted by that Web Site (See further Section 2.12 (Obligation to behave Honestly)).
3.4. Right to Suspend Registered User Re: Identity Requirements
This term applies only to a Registered User who does not supply the necessary documentation in accordance with Section 3.2 (Right to Verify Identity of Registered User) within 14 (fourteen) days of the Company's request.
In such a case, the Company has the right to permanently:
- withdraw any Acceptance to sell any Auction or Product to that Registered User,
- suspend and/or permanently remove the account of that Registered User,
- prevent that Registered User from purchasing further Credits,
- prevent that Registered User from bidding (including Autobidding) on auctions and/or products and
- take any further reasonable actions at the Company's discretion in respect of that Registered User.
3.5. Right to Suspend Registered User Re: Mobile Phone Number
Should a Registered User change the phone number linked to his Account:
- his Account status will become suspended,
- any instructions to Autobid on that Registered User's behalf will be cancelled.
The account status remains suspended until the Registered User confirms the phone number change with the Company. During this time the Registered User cannot buy Credits or bid on any Auction.
3.6. Right Not to Accept an Offer to Buy in case of Technical Error
Alongside the Auctions run by the Company, the Company sometimes lists a Buy Now price for an identical Product. Full details on Buy Now are listed in Section 15 (Buy Now). The Buy Now price constitutes an Invitation to a Registered User to make an offer to buy that Product for the Buy Now price. A Registered User who takes advantage of the Buy Now price in this fashion makes an offer to the Company. In very rare circumstances, a Buy Now price may be incorrectly displayed to a Registered User. Notwithstanding the automated manner by which the Web Site processes payment for a Product, the Company reserves the right not to accept the offer to buy that Product if the Buy Now price displayed was incorrect.
3.6.1. Obvious Error
In the case of obvious error with the Buy Now price (e.g. if a Buy Now price is mistakenly listed as zero or one penny), the Company has the right to reject any offer by any Registered User to buy that Product for the Buy Now price, notwithstanding that the Registered User has completed, and paid for, the Product in question.
3.6.2. Less Obvious Error
In the case of a less obvious error with the Buy Now price (e.g. if a Buy Now price is mistakenly listed as £8 instead of £80), the Company has the discretion to either:
- reject any offer by any Registered User to buy that Product for the Buy Now price, notwithstanding that the Registered User has completed, and paid for, the Product in question; or
- accept the Registered User's offer.
If the Company opts to accept the Registered User's offer on one occasion, this in no way implies or infers any precedent for the Company's behavior in relation to any future errors.
3.6.3. Requirement for Company to Communicate Rejection
The following term is not applicable in Italy.
In any circumstances where the Company rejects a Registered User's offer to buy a Product for the Buy Now price, the Company will communicate to that Registered User by e-mail
- why the Buy Now price was incorrect and
- why his offer was not therefore not accepted.
The Company's decision in whether to reject or accept an offer shall be final and, other than the communication due under this term, no further correspondence will be entered into.
3.6.4. Compensation Payable
In all circumstances where the Company rejects a Registered User's offer, it will compensate that Registered User in full by:
- reversing the transaction, or
- refunding the exact amount paid by the Registered User.
3.7. Right to Refuse Discussions with Non-Account Holders
The Company will discuss any Account with the Registered User named on that Account.
An Account is operated by an individual person, who is the Registered User of that account. The Company will never discuss an Account with any person who is not the Registered User of that Account.
3.8. Right to Restrict Number of Accounts in any Particular Household
The Company reviews the logs of the Auctions it runs regularly. The Company takes collusion, and what it perceives as collusion, very seriously. Members of the same household must not bid on the same Auction, as this could be perceived by the Company as a collusive operation. To this end, the Company reserves the right to restrict the number of Accounts that may be registered to a particular household.
3.9. Right to Investigate Auctions for Possible Collusion
The Company has the right to investigate any Auctions for evidence of Collusion between two or more Registered Users. (See further Section 10 (Collusion).)
3.10. Right to Restart Auctions in the Event of Finding Collusion
The Company has the right to restart Auctions, if the Company finds evidence of Collusion in the event that Collusion has been perpetrated by two or more Registered Users. (See further Section 10 (Collusion).)
3.11. Right to Unilaterally Terminate This Agreement
The Company has the right to terminate this Agreement at any time. Such termination does not affect any of the Registered User's statutory rights, which of course remain intact.
3.12. Right to Change Auction Times
The Company has the right to change the running time of an Auction at any time. The Company can increase an Auction time, so that it runs for a longer period, or decrease it, so that it runs for a shorter period. The Company can change the running time of live, sleeping and scheduled Auctions without notice to any Registered User.
3.13. Right to Remove Auction
In addition and separately to Section 3.10 (Right to Restart Auctions in the Event of Finding Collusion), the Company has an inviolable right to remove any Auction in its entirety at any time.
Reasons for the exercise of this right include if the Auction:
- has been listed with a technical error (See Section 3.6 (Right Not to Accept an Offer to Buy in case of Technical Error)) or;
- in the event of Site Attacks (See Section 12 (Site Attacks)).
The Company is not obliged to immediately return all Credits spent by Registered Users on that Auction if it removes an Auction.
If the Company does remove an Auction under this term, the Company will consider whether to:
- refund some or all Credits spent on the Auction,
- restart the Auction in a managed and reasonable manner; and/or
- restart the Auction from £0.00.
If the Company discovers evidence of Collusion in the process, the Company will have the further rights outlined under Section 3.9 (Right to Investigate Auctions for Possible Collusion).
3.14. Right to Amend the Winning Limits
The Company has the right to change the Winning Limits (the amount of Products a Registered User may win within a specific time-frame) at any time.
3.15. Right to Retain Product if Registered User does not pay for it within The Time Period for Payment of Winning Bid
If a Registered User has placed the Winning Bid on an Auction, but does not pay for that Auction within the Time Period for Payment of Winning Bid, the Company has the Right to retain:
- the Product in its entirety;
- all Credits spent by the Registered User in winning that Auction.
3.17. Right to Restart Auctions in the Event of Site Attack
The Company has the Right to restart Auctions if the Web Site is attacked. (See further Section 12 (Site Attacks)).
3.18. Right to Alter Terms and Conditions
The Company has the Right to make changes to these Terms and Conditions at any time. Amended Terms and Conditions will need to be accepted for any Registered User to continue to use the Company's Web Site.
3.19. Right to Refuse 'But For' Correspondence
The Company shall not be liable for faulty operation of SMS, computer hardware or software processing during the Bidding Process. The Company will not entertain a Registered User who claims that but for such an event, he would have won a particular Product in place of the actual Winning Bidder. A Registered User will have no rights over any Product in such circumstances.
3.19.1. Right To Innovate 'Without Fear'
The Company shall not be liable for any infringment of Section 3.21 (Obligation to Behave Honestly) when testing new features of the Web Site itself with a subset of existing Registered Users. Such innovations may include:
- changes in the Registration process;
- discount codes made available;
- displaying a subset of Auctions;
- adjustment of Buy Now discounts
in relation to a subset of Registered Users
- for a limited time; and
- for the specific purpose of testing their effectiveness.
The above list is not exhaustive and is designed to encompass the testing of features ultimately designed to benefit the entirety of the Web Site's Registered Users rather than to extend an advantage to the selected subset as a whole.
The Company is not under any obligation to provide the specifics of any such innovations it is considering or testing, and no liability arises under its Obligation to behave honestly as a result of not disclosing them.
Innovation and development of the Web Site occurs on a daily basis. When testing such innovation, the Company may only allow the operation of the innovation with a subset of Registered Users:
- for a strictly limited time, and
- with effective recording and policing to ensure Registered Users outside of that subset are not disadvantaged.
The Company will not entertain a Registered User who claims that he has been unfairly disadvantaged due to an innovation being tested with a subset of Users that he was not a part of.
3.20. Right to Indemnity for Exercise of Above Rights
The Company shall not be responsible for any indirect or direct loss consequent to any Registered User or third party which he may incur due to the Company’s exercise of its rights.
3.20.1. Right To Change The Earned Discount Expiry Time
The Company has the right to change the Earned Discount Expiry Time without notice to any Registered User. This right will not be exercised in any way which contrasts with its obligation under Section 3.21 (Obligation to Behave Honestly).
3.21. Obligation to Behave Honestly
The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Auctions in a 'level playing field' environment. The Company will not be involved in any activities that negatively affect that environment, and will not behave in an unreasonable manner or outside of the Terms of this agreement. All promotional material by the Company will not seek to mislead, and will accurately describe the Web Site and its services.
In all of its Web Sites, the Company strives to deliver the best possible user experience and retain its Registered Users. The Obligation to behave honestly is an overarching obligation. There are some very rare occasions where the developing of a better user experience may appear to a Registered User to conflict with this obligation. For example, when the Company introduces new features by first beta-testing them with a subset of Registered Users. For further details, please see Section 3.19.1 (Right To Innovate 'Without Fear').
3.22. Obligation to Ensure No Interference by The Company In Auctions
The Company shall be obligated to ensure no member of its staff, investors or any third parties with any direct relationship to it participate in any Auctions on the Company's web site
3.23. Obligation to Police The Web Site and Investigate Collusion
The Company shall effectively police its Web Site and investigate all potential Collusion between Registered Users, to protect non-colluding Registered Users.
3.24. Obligation to Notify Registered Users if Restarting any Auction
If the Company finds an Auction was won through Collusion or because of a Site Attack, the Company shall ensure it notifies any Registered Users who were prevented from placing Bids on that Auction.
3.25. Obligation to Inform All Registered Users if any changes to These Terms Are Made
The Company undertakes to inform all Registered Users if these Terms are in any way changed, redacted or modified (including if additional Terms are added, or existing Terms are deleted).
3.26. Obligation to deliver Auctions and Products Won on the Web Site
The Company's Auctions are Invitations to Registered Users to Treat themselves to win the Auction for its Closing Price. When the Timer reaches zero, and the User makes payment of the Closing Price plus Shipping and Handling, the Company is obligated to deliver that Product to the Registered User. Please note the information regarding Delivery times in Section 9.6 (Best Estimate Delivery Times).
3.27. Obligation To Sell Any Auctioned Product to the Registered User who holds the Winning Bid
The Company is obligated to accept the offer of any Registered User to buy one of the Products featured in an Auction for the price of the Winning Bid plus Shipping and Handling. However, this Obligation is subject to the User's obligation to make Payment of the full amount requested within the Time Period for Payment of Winning Bid.
3.28. Right to Institute Buyer Protection
The Company pro-actively monitors all Auctions won on its Web Site.
The Company has a right to institute a procedure called Buyer Protection on the Account of any Registered User. Buyer Protection effectively "freezes" a Registered User's Account until the Company feels confident trusting that Registered User.
This right is usually exercised in the following non-exhaustive circumstances:
- If a new Registered User signs up with the site and immediately buys a large swathe of Credits then wins a number of Auctions.
- If a Registered User has used more than three different Payment Methods and/or Credit Cards to make payment on the Web Site within a 28 day period.
- If the Registered User has completed a large number of transactions on the Web Site, and the Company has some doubts about his identity.
- If the Registered User has won or purchased a Product that has a RRP greater than £350
It is the Company's experience that each of the above actions can indicate Credit Card fraud.
3.29. Obligation to complete Buyer Protection procedure
If the Company places the Account of a Registered User into Buyer Protection, the Registered User will be immediately notified of what he needs to do to remove his Account from Buyer Protection.
The Company is obligated to release within 48 hours the Account of any Registered User who fulfils the requirements of the Buyer Protection procedure.
The Buyer Protection procedure consists of:
- the Registered User uploading a scan of a document proving his identity to the Web Site;
- the Company accepting the Registered User's identity document.
3.30. Right to hold Products won for 30 (Thirty) Days under Buyer Protection procedure
The Company has the right to hold any Order placed on the Web Site for a Registered User whose Account is in Buyer Protection, if that User has not uploaded the necessary identity documentation. The Company's right to hold the Registered User's Product is limited to 30 (thirty) days. On completion of the Buyer Protection procedure under Section 3.29 (Obligation to complete Buyer Protection procedure), the Company is obligated to release all Products to the Registered User immediately.
3.31. Right to Void Contract For Purchase
The Company has the right to void a contract between it and a Registered User in the rare event that the Registered User has not provided a document confirming his identity under Section 3.29 (Obligation to complete Buyer Protection procedure) and Section 3.30 (Right to hold Products won for 30 (Thirty) Days under Buyer Protection procedure).
By means of this term, a Registered User agrees, in relation to any Auctions won, that the Company has the right to void any contract for the Closing Price if:
- the Company has placed the Registered User's account into Buyer Protection;
- the Company has asked for an Identification document to confirm the Registered User is who he claims to be; and
- the Registered User has not uploaded a scan of the Identification document within 30 days of notification.
Ownership of the Auctioned Product will, in such cases, remain with the Company notwithstanding any common law presumption that ownership has passed.
3.32. Spirit and Intention of Right to Void Contract for Purchase
Section 3.31 (Right to Void Contract For Purchase) is intended to ensure that the winners of a high value Products, such as cars, holidays and high-value electronic equipment, are genuine winners and are the Registered Users they claim to be. It is intended as a check to ensure that any Registered User who has "won big" has done so honestly, using his own money to bid, and not with the assistance of any connected persons.
Under no circumstances can Section 3.31 (Right to Void Contract For Purchase) be used by the Company to unlawfully deprive a legitimate Registered User of any Product that he has purchased via Buy Now. In such cases, the Registered User's rights to his Product under common law will remain.
3.33. Right to hold Buyer Protection Documents
For smaller-priced purchases and auction wins, the Company requires no proof of identity. If a Registered User wins a high value item however, he will be requested to upload an identification document. This facility enables the Company to police the site effectively in line with its obligations under this agreement.
Buyer Protection Documents are processed in line with the requirements of the Data Protection Act 1998, and are stored in a secure server. MadBid takes its privacy obligations extremely seriously and goes to vigorous lengths to protect the personal information of its Registered Users, and has a full Data Protection Policy in force internally. This policy is available on request.
After a Registered User has uploaded a document, that document will be retained by the Company in order to verify that same Registered User's identity in relation to subsequent high value wins or purchases. In accordance with the Data Protection Act 1998, the Company will hold such documentation for a maximum of ten years.
When a Registered User closes his Account, there will usually be no reason why the Company will need to store any personal information on that Registered User. However, certain exceptions to this operate in relation to law enforcement.
Section 4. Products, Guarantees and Returns
All Auctions for Products, and all Products sold on the Web Site are:
- intended for normal domestic and consumer use.
Note that Products are not intended for:
- resale, or
- commercial use.
4.2. Fit for Their Purpose
All Products are supplied on the basis that they are fit for their intended purpose. Products are not intended for resale, and must not be resold.
4.3. Product Descriptions
The Product descriptions placed by the Company on its Web Site do not constitute contractual terms of purchase. Whilst in the vast majority of cases, these descriptions will fairly and accurately describe the Product, any Registered User should confirm the Product Specification from the Manufacturer's web site before placing a bid on the Product.
4.4. Product Images
The images of Products on the Company's web site are for illustration only. They are often publicity photographs or stock photographs and they are rarely of the actual Product the Winning Bidder will receive.
4.6. Incorrect Products
The Company or its delivery partners may, in very rare situations, send an incorrect Product to a Registered User. To ensure that the mistake is remedied as quickly and as smoothly as possible, it is vital in these situations that the Registered User contacts the Company at email@example.com.
The Company will then be able to suggest the best place for the Registered User to return the item to. An e-mail confirming the replacement will then be sent to confirm that the incorrect Product was sent, and to guarantee the replacement correct Product will be shipped.
The Registered User must return the incorrect Product immediately and within fourteen (14) days of reporting the issue to the Company.
If the Registered User does not return the incorrect Product within thirty (30) days, the Company will suspend the Registered User and may take Court proceedings in respect of the unreturned Product.
4.7. Failure to Return a Faulty or Incorrect Product
Failure to return a faulty or incorrect Product within the prescribed period will give the Company the right to refuse to issue a replacement.
4.8. Liability for Personal Injury
If a defective Product supplied by the Company causes damages to property, death or personal injury, the customer should refer to the Product's manufacturer.
Section 5. The Bidding Process
Bidding on an Auction can only be performed by a Registered User of the Web Site. When a Registered User Bids on an Auction, he will spend a number of Credits.
5.2. Auction Hours
Each Auction has dedicated Auction Hours which are displayed in the information pertaining to that Auction. When an Auction reaches the final second of its hours, it will Sleep, and will resume again in the first second of its hours the following day.
5.3. Credits Deducted
Each Auction will inform the Registered User how many Credits will be deducted per Bid. The number of Credits deducted per Bid ranges from 1 Credit to 15 Credits.
After a Bid is processed by the Web Site, the number of Credits is deducted from the Registered User's account. Credits deducted cannot be returned to the Registered User.
The Registered User cannot choose whether to bid with Free or Paid Credits (as this would complicate the action of Bidding by simply clicking a button). Credits are used in the order in which they were acquired. This can lead to the Buy Now price not dropping, or dropping by a different amount than expected, when Free Credits are used.
It is also not possible to bid with a particular Credit from a particular Credit Package.
5.4. Placing Instruction to Bid
Two options exist for a Registered User to Bid on any Auction listed on the Web Site. The first is to place a Manual Bid. The second is to place an instruction to Autobid.
5.4.1. Manual Bidding
The Company provides a button which a Registered User must click (once) to place a single Bid on any Auction. A Registered User should also be aware of how the Timer Countdown operates if using this method to Bid. (See Section 5.4.4 (Timer Countdown).)
The Company provides a tool to place Bids automatically on its Auctions. This tool allows a Registered User to place instructions to
- commence Bidding when a specific target price is reached, and
- Bid a given number of times.
The Autobid tool is intended to be used as an alternative to Manual Bidding. It frees the Registered User from needing to spend long periods on the Web Site, but Bids as if the user were on the Web Site. Full instructions on the Autobid tool are available on the Web Site.
An Autobid button is also provided whereby a Registered User can immediately start Autobidding on a particular Auction instead of manual bidding. This button operates the Autobid tool until clicked a second time, whereupon it deactivates Autobidding.
220.127.116.11. Failure of Autobid Tool
The Company disclaims any and all potential losses which a Registered User may ascribe to his use of the Autobid tool to place Bids, including:
- the Registered User's failure to understand the use of the tool,
- the Registered User's mistaking the Bidding process for the amount of Credits deducted, and/or
- the Registered User setting a target price lower than the current Bid price.
18.104.22.168. Delays in Notification via Autobid Tool
If there is a delay in the Autobid tool contacting a Registered User, this is not actionable.
22.214.171.124. Technical Errors
If the Autobid tool fails due to network outage, a Site Attack or in the rare event of technical error with the Company Web Site:
- the Registered User will contact the Company and report exactly what the problem was; and
- the Company will be obliged, if the failure of the Autobid tool was not due to an external factor, to refund all Paid Credits expended on that Auction to the Registered User.
126.96.36.199. Right to Close Instruction to Place Autobids
The Company may close an active instruction to place Autobids without notifying the Registered User who placed those Autobids.
188.8.131.52. Autobid Closure
The Autobid tool will stop placing Bids for that Registered User if a Registered User:
- runs out of Credits; and/or
- has placed Autobids on several, or many, Auctions, and wins an Auction which then prevents him from placing Bids on other Auctions.
The Registered User has no right to have any Credits returned to him in either event. The Company will inform the Registered User of:
- the amount of Credits he requires to bid on a particular Auction through the Autobid tool; and
- that Registered User's current Winning Limits through the My MadBid section.
The Company will use its best endeavors also to contact a Registered User in the event of any problems with the instructions he has placed. However, no obligation attaches to these endeavors. It is the Registered User's responsibility to use the information provided to him by the Company to effectively place his Autobid instructions.
5.4.3. Start Time and Price
All Auctions begin at a specified time. All Auctions begin with a Starting Price of £0.00.
5.4.4. Timer Countdown
All Auctions display both the Timer and the Timer Countdown which can be found on the "Auction Information" tab. The Timer Countdown is not constant. Typically the Timer Countdown is reduced throughout the auction process due to an increase of an interest from the Registered Users. The Timer Countdown is not increased unless it is required by conditions in exceptional cases i.e. DDOS (Distributed Denial Of Service) attacks and/or other technical issues.
The displayed Timer is a visual approximation of the Server Timer. The displayed Timer is typically accurate on the Registered User’s end. Nevertheless, network delays, browser differences and connection problems can cause a delay between the displayed Timer and the Server Timer. This means that Registered Users should never wait until the last second to place a bid as the Timer used by the system is the Server Timer. When the Server Timer hits 0, the Registered User who has placed the last accepted Bid wins the auction and can make the payment for the Product.
5.4.5. Restart of Timer Countdown
Each time a Registered User places a Bid, the timer will restart from the Timer Countdown displayed as per Section 5.4.4 (Timer Countdown).
5.4.6. Increase in Bid Price
Each time a Registered User places a Bid, no matter the number of Credits that are deducted from that Registered User's Account, the Auction price will increase by £0.01 (one penny).
5.4.7. Auction Winner
The last Registered User to place a Bid before the Timer Countdown reaches zero is deemed to be the Auction Winner. He will be able to offer to purchase the Product for the Closing Price plus Shipping and Handling.
184.108.40.206. Disputes over Auction Winner
The Auction Winner is determined by the Company's records. In the rare event of any dispute occurring, it is the Company's decision on who placed the last Bid on the Auction. The Company's decision will be final.
5.4.8. Contract for Sale/Purchase of Product
By placing a Bid in an Auction, a Registered User is agreeing to purchase the Product featured if he has the Winning Bid in that Auction. He is furthermore committing himself to pay the Winning Bid (plus Shipping and Handling) within the Time Period for Payment of Winning Bid. If the Registered User does not make payment within this period, then:
- the Registered User forfeits his right to buy the Product, and
- the Company has the right to retain ownership of the Product.
5.4.9. International Auctions
The Company lists some Auctions which appear in several countries. All Auctions which are International Auctions are clearly labeled as such. The details of an International Auction may vary from country to country as follows:
- by natural language - the description of the Auction and Product will be in the natural language of the Web Site being viewed, and
- by Product Specification - there may be differences between the specification of an individual Product.
Product Specification differences are most notable in the case of high value Products such as cars, motorcycles or cash. For example, if a particular model of car is available in the UK, but not available in Sweden, the Auction will reflect a different model of car. The Company endeavours to match Products which are available locally to each Registered User, of same, or of equal specification, and of same approximate value. If a Product is unavailable in a country, it displays as the nearest comparable Product that is available in that country.
Section 6. Credit Packages
6.1. Purchasing Credits
Credits can be purchased in Credits Packages at the currently applicable prices listed on the Web Site. Typical prices range from approximately £27.99 for a Credit Package of 275 Credits to £374.99 for a Credit Package of 3,750 Credits.
6.2. Payment Process
Credit Packages must be paid for using the On-Line Payment Process. This Payment Process requires a Registered User to confirm his offer to buy a Credit Package by completing an on-line checkout.
6.3. Payment Options
Credit Packages must be paid for using one of the specified Payment Options. All Credit Package prices are displayed inclusive of VAT.
6.4. Contract for the Purchase of a Credit Package
A contract for the supply of the Credit Package comes into being when the Registered User:
- indicates the Credit Package he wishes to buy,
- agrees to pay by one of the specified Payment Options, and
- confirms his decision to proceed.
After (c), the following steps occur:
- a contract is created between the Registered User and the Company in respect of the supply of that Credit Package
- this contract is concluded by means of the Payment Process being completed, and the Registered User's account being credited with Paid Credits to the value of the Credit Package purchased
Bought Credit Packages contain a monetary value and represent a right to a future Earned Discount against a Buy Now or a Product in an Auction.
Credits do not give a Registered User the automatic right to take part in an Auction.
The contracts in respect of the sale of Credit Packages can only be cancelled under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or the comparable domestic/international legislation in the Registered User's home country) if none of the Credits have been used in any way.
6.5. Free Credits
A Registered User who has bought any Credit Package within the previous fifteen (15) days can claim one (1) free Credit per day by clicking on the appropriate link on the Web Site.
6.6. Free Credits Value
The cash value of free Credits is £0.00.
6.7. Credits Validity
All types of Credits have a time limit, after which they will expire. On expiry they will disappear from the Registered User's account. Free Credits expire 30 (thirty) days after they are claimed. Paid Credits disappear 180 (one hundred and eighty) days after they are purchased.
6.8. Discount Codes
The Company runs promotions, in which it offers a number of deals in relation to the purchase of Credit Packages. These deals take the form of a Discount Code which can be entered during the Payment Process. Codes must be entered within their stipulated timeframe to be valid. Outside of their stipulated timeframes, the codes will not operate on the purchase of Credit Packages. Each Discount Code is unique and should be referred to for full details before being entered into the Payment Process by a Registered User.
6.9. Auto Top-up Feature
If a Registered User enables the 'Auto Top-up Feature', this feature immediately buys a Credit Package of 300 Credits whenever his Credit balance falls below a certain Level of Credits whilst bidding on an Auction.
6.9.1. Spirit And Intention of the Auto Top-up Feature
The Auto Top-up Feature ensures that there is no possibility that a Registered User loses an Auction by needing to leave the Auction to top up his Credits at a crucial moment. The Auto Top-up Feature also awards a number of features including:
- always automatically applying any active Promotional Code to the purchase (so if a Code is operating for Buy 1 Get 2 Free when a Auto Top-up is activated, the Registered User will receive the 200% Credits uplift)
- always automatically applying a 10% uplift in the number of Credits awarded if a Promotional Code is not operating
- giving every fifth Auto Top-up for free
When a Registered User requests the Auto Top-up Feature, he grants the Company the right to use his saved Credit Card details to purchase Credit Packages stated at the time he requests the Auto Top-up Feature when his Credit level falls below a certain Level of Credits.
6.9.2. Auto Top-up Cap
A Registered User's use of the Auto Top-up feature will, by default, be capped at £120 in any 24 hour period (running from when it is enabled). That is to say that, if a User enables the Auto Top-up at 7:00pm, his card will be charged until he has spent £120 on it within the following 24 hours.
A Registered User may increase this cap in the Auto Top-up section of My MadBid if he wishes.
A Registered User may similarly decrease this cap back to £120 per day in the Auto Top-up section of My MadBid if he wishes.
6.9.3. Auto Top-up Disable
If a Registered User has enabled the Auto Top-up Feature, he can disable it at any time by going to My MadBid and unselecting the Auto Top-up tickbox, and then submitting the form changes.
Immediately after the Auto Top-up Feature is disabled by the User, the authority granted to the Company to use his saved Credit Card details for the Auto Top-up Feature is withdrawn.
6.9.4. Example of Auto Top-up Operation
Because there can be a short delay with a Payment Provider in processing, a Auto Top-up order will be fired when a Registered User's Level of Credits falls below a certain level.
If bidding on a 2 Credit auction, the Level of Credits which triggers a Auto Top-up is 20.
If bidding on a 4 Credit auction, the Level of Credits which triggers a Auto Top-up is 40.
If bidding on a 6 Credit auction, the Level of Credits which triggers a Auto Top-up is 60.
If bidding on a 8 Credit auction, the Level of Credits which triggers a Auto Top-up is 80.
For example, a Registered User buys 275 Credits (costing £27.99). The Registered User enables Auto Top-up. The Registered User then begins to place bids on an 8 Credit auction. When his Level of Credits falls to 80 Credits or less, the Auto Top-up will buy an additional 300 Credits for £29.99.
This process helps to give the Payment Provider plenty of time to process the order and minimizes any risk that a Registered User runs out of Credits despite the Auto Top-up request firing.
6.9.5. Auto Top-up is Further Purchase Of Credits
All purchases made through the Auto Top-up Feature are purchases of Credit Packages for the purposes of these Terms and Conditions.
6.9.6. Liability for Failure of Auto Top-up
The Company disclaims any and all potential losses (i.e. lost auctions) which a Registered User may ascribe to a result of Auto Top-up failure.
6.10. Paid Credits
6.10.1. Paid Credits Value
The value of a Paid Credit is dependent upon the amount paid for the Credit Package in which that Credit was purchased. For example, each Credit within a £9.99 Credit Package of 80 Credits is worth £0.12.
If the amount paid for a Credit Package is less, by virtue of it:
- being won via Auction, or
- containing a doubled amount of Paid Credits (during a Buy One Get One Free offer, see further Section 21 (Buy One Get One Free Offers (BOGOF))), or
- containing any other %-increased amount of Paid Credits (during other types of Promotional Offer, see further Section 22 (Other Promotional Offers))
then the worth of each Credit is equal to the amount paid for the Credit Package divided by the number of Credits in the Credit Package. For example, each Credit within a £9.99 Credit Package of 160 Credits is worth £0.06.
6.10.2. Redeeming Paid Credits
If a User bids on an Auction, the Paid Credit value is redeemable against the Buy Now price of that Auction. Paid Credits cannot be converted back to their cash equivalents.
Section 7. Winning An Auction
7.1. Notification, Acceptance and Payment of Won Auctions
When an Auction is won, notification is automatically sent by e-mail to the Winning Bidder. This notification invites the Winning Bidder to make an Offer to buy the Product featured in the Auction. This notification is in no circumstances to be construed as a legally-binding Offer which can be accepted by the Registered User on payment. This is particularly the case because the Company operates in a time-critical and extremely technical environment.
7.2. Information Provided on Win
The Winning Bidder receives immediate notification of his win by e-mail and SMS. He is also granted access to all of the important information in relation to receiving the Product and available Payment Options. This information is available in that Registered User's My MadBid section.
7.3. Required Steps to Receive Product
The Winning Bidder must pay for the Product plus Shipping and Handling within the Time Period for Payment of Winning Bid.
7.4. Incomplete Payments
If a Winning Bidder, outside of the Company's Payment Process, sends a payment for a winning auction to the Company, and this payment is incomplete (i.e. is for less than the Closing Price plus Shipping and Handling), then the Product will not be shipped to the Winning Bidder until the remainder of the payment is received.
Section 8. Contractual Relationship and Cancellation of Account And/Or Product(s) Ordered
For the purposes of:
- the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 in the UK, and
- domestic and international legislation in member states of the EU, including all domestic legislation which protects consumers over and above EU legislation in Italy
these Terms and those in Section 9 (Delivery) express the Company's position in relation to Auctions and Products displayed on its Web Site.
8.2. When Contractual Relationship Comes Into Force Re: Individual Product
A contract between any Registered User to receive, and the Company to supply, any advertised Product comes into existence only when the following conditions are satisfied:
- The Registered User has placed the winning bid on an Auction which the Company is running on its Web Site; or
The Registered User has placed an order to Buy Now in respect of a Product which the Company has displayed on its web site
In respect of either (a) or (b), the Registered User has completed the Payment Process and has offered full Payment of the price plus Shipping and Handling
- The Company has had the reasonable opportunity, with reference to its rights under Section 3.9 (Right to Investigate Auctions for Possible Collusion) to assess that the Registered User has not acted in any way that entitles the Company not to accept that Registered User's offer to pay.
A reasonable time shall be a minimum of two working days.
8.3. Cancellation of Order
A Registered User has the right to cancel his offer to buy any Sales Product (not Credit Packages) at any point, both before making payment and after making payment, within the Return Time Period. A Registered User will need to contact the Company stating his wish to cancel before that date.
If exercising a right to cancel, the Company will refund the total price of the Product plus the cost of shipping and handling. The refund will be made specifically to the Payment Method used to purchase the Product (i.e. the Credit Card or Earned Discount Account used) within 14 days of the Product being returned to the Company.
The address to which a Registered User should return the Product, plus the above information, will be communicated during payment.
A Registered User will need to pay the cost of returning the Product if using his right to cancel.
If the Registered User cancels his offer before delivery of the Product, he is not obliged to take delivery of the Product.
8.3.1. Cancellation of Order before Making Payment
To cancel an Order before making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product.
8.3.2. Cancellation of Order after Making Payment Before Product Shipped
To cancel an Order after making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product. If the Product has not been shipped, the Company will refund the price paid plus the Shipping and Handling costs.
220.127.116.11. Exception for Audio/Video Recording and Software
The Registered User may not return Products which are Audio or Video Recordings. The Registered User cannot return a software product unless he has not broken the Security Seal on the software product. The Company will not refund any Credits used in Auctions for Audio/Video Recordings and Software.
8.4. Cancellation Procedure
If a Registered User opts for Cancellation of an Order, he should contact the Company in writing either before or with the return of the Product. If contacting the Company via e-mail, he should write to: firstname.lastname@example.org
8.5. Consequences of Cancellation
If a Registered User's Cancellation of an Order is effective:
- the Registered User must return the Product; and
- the Company must return the amount paid by the Registered User for the Product.
This term applies whether the Product was purchased by a Registered User holding the Winning Bid, or purchased using Buy Now.
If the Product was shipped to the Customer before effective Cancellation of the Order, the Company is not obliged to return any costs incurred by the Registered User in returning the Product.
8.5.1. Compensation if Registered User Unable to Return Product or Product is Damaged
If the Registered User:
- is unable to return the Product; or
- returns the Product in a damaged condition
the Company will assess, on a case by case basis, whether the Registered User has fully satisfied the requirements under Section 8.3 (Cancellation of Order). If the Company has suffered financial losses or other losses as a result of the Registered User's Cancellation, the Company may make any reasonable claim against the Registered User for compensation to the value of this loss.
8.6. Preferred Manner of Cancellation
Although not a requirement, the Company prefers that, if opting for Cancellation of an Order after a Product has been shipped, the Registered User:
- returns the Product via the same carrier as it has been shipped (for example, if shipped to him via Royal Mail, returned by him via Royal Mail), and
- returns the Product in the same packaging in which it has been shipped
In circumstances where the Product won cannot be returned in this manner, the Registered User is encouraged to contact the Company to co-ordinate its collection.
8.7. Cancellation where Product Returned with Insufficient Postage
If a Registered User cancels a product, he must ensure that he sends back the Product with sufficient postage for the Company to take delivery of it. If the Company is requested to pay a fine or a postage uplift to take delivery of the returned Product, this will be passed on to the Registered User.
8.8. Responsibility for Postage Costs
If an Order is returned to the Company because the Registered User has changed his mind about wanting the Product (See [Section 2.10.1]), the entirety of the amount paid for the Order will be refunded, including the amount the Registered User paid for shipping.
The Company is not responsible for the Registered User's postage or courier costs to return the Product.
A Registered User has a right to cancel his Account and to unilaterally terminate his Agreement with the Company. The Registered User retains his Statutory Rights in relation to mail-order sales and e-Commerce transactions insofar as his Rights are not positively enhanced by this Agreement.
By cancelling his Account, a Registered User does not become entitled to the recovery of the cost of Paid Credits in his Account.
Section 9. Delivery
9.1. Default Location
Unless otherwise specified, delivery will be made from:
- our supplier's warehouses, or
- our own warehouse(s)
To an address provided by the Registered User.
9.2. Delivery Times
From date of payment for any Auction or Product, the Company will deliver the item within a minimum of one (1) day and a maximum of thirty (30) days.
9.3. Domestic Delivery
Domestic deliveries from the Web Site are made solely within the home country in which the Registered User is based
9.4. International Delivery
Delivery of the Products featured in International Auctions, and all wins and/or Buy Now purchases from those Auctions, may be via international shipper from the United Kingdom, or alternatively, via a domestic shipper within the Registered User's home country.
A Registered User will be deemed responsible for a delay in sending out a Product if he has not provided essential information the Company requires in Order to "finalize" it.
This term is intended to apply in situations such as if a Registered User wins or buys a computer game but fails to tell the Company which format he would like the game supplied upon.
This term is also intended to cover situations where a Registered User asks for a Product to be delivered to an address that is not verifiable or recognized. The Company, if it encounters problems with a given address, will require that the Registered User contact it. See, for example, Section 2.22 (Obligation to Contact the Company if Required).
9.6. Best Estimate Delivery Times
All delivery times given on the Web Site are estimates. All information regarding delivery time is non-binding. This does affect the Company's obligation to deliver Products. The Company works with trusted delivery partners to ensure the best possible service.
9.7. Damage during Delivery
If a Product arrives in packaging which has been clearly damaged during transit, the Registered User should refuse to take delivery of the Product. If deciding to take delivery in spite of damage to the packaging, and if the Product was delivered via a registered courier or postal service, the Registered User should add the words 'Damaged and not examined' above his signature.
9.8. Faulty Products
A Registered User should verify that any product received from the web site is not faulty.
A Registered User is expected to be reasonably prudent in ensuring that any Product is not faulty. He should unpack his Product within the Return Time Period and use it normally. If any fault manifests during the Return Time Period, he should refer to Section 8 (Contractual Relationship and Cancellation of Account And/Or Product(s) Ordered).
In the case of a Product which develops a fault over time, a Registered User is firstly encouraged to raise this with the Product's manufacturer. This is because:
- the manufacturer will usually be able to offer the Registered User a larger range of options than the Company can (For example, the manufacturer may be able to repair a broken laptop);
- the manufacturer may be able to collect the Product from the Registered User, have it repaired or replaced locally, and deliver it back to him;
- the Registered User will be able to deal with the Technical Support for that product in his own language; and
- the manufacturer usually only require the product's receipt to take ownership of the fault.
If the Product's manufacturer is unable or unwilling to assist, the Registered User may return the product for a period of up to 6 months after the day of Purchase. The Company will then assess whether the Product can be repaired or replaced. If it can, a replacement or repaired Product will be sent to the Registered User. If, for whatever reason, it cannot, the Company will issue the Registered User with a refund of the monies spent in acquiring the Product, plus Shipping and Handling.
In Europe excluding the United Kingdom, all the Registered User's rights under European Directive 1999/44/EC plus and and all domestic consumer laws of the receiving member state apply in full in relation to faulty Products.
In the United Kingdom, all the Registered User's rights under the Consumer Rights Act 2015, plus any amendments and/or effective domestic laws, apply in relation to faulty Products.
The Registered User should e-mail email@example.com and explain the problem with the Product. With reference to the applicable legislation and the amount of time that passed before the fault appeared, the Company will then decide whether it will replace the faulty Product. If so, the Registered User should be aware that he will need to return the Product to the Company at his own cost.
It is not necessary, under this term for the Registered User to have added the words 'Damaged and not examined' under Section 9.7 (Damage during Delivery) if indeed the fault or damage was not visible before the Product was unpacked.
9.9. Right To Withdraw From Distance Selling Contract For Any Reason
Contracts concluded on the Web Site for tangible items are Distance Selling Contracts for the purposes of EU legislation.
9.10. Damages or Failures Due to Neglect by Registered User
The Company does not accept any liability for damage or failure of any Product due to neglect and/or misuse by a Registered User. In addition, no liability attaches to the Company for damage to a Product caused by accident or normal wear and tear.
9.11. Problems with Supply Chain
The Company may, in extremely rare situations, encounter difficulties in providing a particular Product notwithstanding having accepted an Offer to supply the Product.
The Company uses reliable delivery partners and will make every effort to source the Product. In the event that its delivery partners report that they cannot deliver the Product within 30 (thirty) days to a Registered User, the following actions will occur:
- The Company will offer the Registered User a substitute Product, which has comparable or better features than the original; and/or
- The Company will refund any and all payments made for the Product in question, including Paid Credits spent on that Product if originally part of an Auction.
If the Company offers a Registered User a substitute Product but does not hear back from him as to whether he accepts that substitute Product, the Company will immediately process a full refund (including Paid Credits spent on the Product if part of an Auction) once the delivery has been outstanding for thirty days.
The Registered User's statutory rights are not affected.
9.12. Products Lost In Transit
If a Product is lost in transit, a Registered User will contact the Company to claim either a replacement or a refund of the amount he paid, plus Shipping and Handling, within 7 (seven) days.
9.13. Products Not Delivered or Collected
Different couriers operate different policies in relation to delivery. If the intended recipient of a Product is out, depending on the courier being used, one of two actions can occur. Either:
- the courier will return the Product to their delivery office; or
- the courier will leave the Product with a neighbour.
In both cases, a card is posted to the recipient confirming the attempted delivery and where the Product is to be found.
9.13.1. Products Returned to a Delivery Office
Different couriers will hold an uncollected Product for differing periods of time. The intended recipient should contact the courier immediately.
If the intended recipient does not collect the Product from the courier within the time period designated, then the Product will be returned to the Company's warehouse. In the rare case that this occurs, the Company will contact the recipient to work out what went wrong and will re-arrange delivery.
From the date that a Product is returned under this section, the Registered User must be able to accept the Product within 28 days. If he cannot then the Company will cancel the order and the Product will be forfeited.
No refunds will be given on any orders where delivery has been attempted at least once but the Registered User has not collected the Product or arranged re-delivery within the following 28 days.
9.13.2. Products Left with a Neighbour
The Company uses reliable delivery partners for its deliveries and the Company considers its obligation extends to arranging the delivery of any Product to the address given by the recipient. Couriers only opt to leave deliveries with a neighbour in order to speed up the collection process and will always require the neighbour to accept delivery on behalf of the recipient. On very rare occasions, the neighbour then refuses to release the delivery to the recipient. Such actions are, of course, completely beyond the Company's control.
All Registered Users are encouraged not to have any highly-priced deliveries shipped to an address where the neighbours are of bad character.
The Company will not entertain any claims that the Company must supply another Product if a neighbour has taken delivery of a Product. The Company is obligated to accept the terms of the Courier - including its delivery terms which allow it to leave deliveries with neighbours - in exactly the same way as any consumer would.
In such cases, the recipient must report the theft to the police, and may need to institute a civil claim against the neighbour. The Company will assist by providing the recipient with all of the delivery information in such circumstances.
9.14. Products Where Delivery Varied by User
The Company will always use a reliable courier to arrange delivery of any Product to a Registered User. Particularly with international deliveries, the Company has sometimes found that domestic couriers can have received prior instructions from a Registered User as to how any Delivery to their address should be attempted. For example, in the German postal system, a Registered User is able to demand that, if he is not at home when a Delivery arrives, the Delivery be left 'parked' (left) near to their premises.
For the avoidance of all doubt, the Company considers its obligations to deliver a Product to extend only so far as to source, instruct and pay a reliable courier to take any won or bought Product to the address provided by a Registered User. If a Registered User does not receive the Product at all, the Company will consider that Product lost in transit under Section 9.12 (Products Lost In Transit). However, if the actions of a Registered User have 'varied' the Delivery (meaning that the courier was instructed by the Registered User to make that delivery in a different way), the Company will not be responsible for the fate of that Delivery.
9.15. Products Which Incur Duty/Customs Or Other Taxes To Enter Destination Country
A Registered User who wins an Auction or uses Buy Now in respect of a Product pays a price which includes delivery to the destination country.
18.104.22.168. European Destination Country
A Registered User who wins an Auction or uses Buy Now in respect of a Product pays a price which includes VAT.
22.214.171.124. Destination Country Outside EU
A Registered User who wins an Auction or uses Buy Now in respect of a Product pays a price which excludes VAT.
9.15.2. Amounts Excluded From The Price Paid
The price paid for the Product does not include:
- import duties
- any other direct or indirect taxes
which may exist in a destination country outside the EU.
9.15.3. Responsibilities in respect of Import Duties and Taxes
The responsibility, for calculating import duties and taxes associated with delivery of any Products to the Registered User's country, lies with the Registered User.
9.15.4. Products Held By Customs Pending Payment of Import Duties and Taxes
A Registered User whose Products are held by customs for any reason whatsoever has no right against the Company in respect of the release of those Products. He must liaise directly with Customs. The Company will not liaise with customs on his behalf in relation to his Products, nor will the Company enter into any correspondence regarding the taxes that Customs state have been incurred. The Company's obligation in respect of Customs is limited to proving to the Registered User that:
- the Company despatched the Product(s) from its warehouse;
- the shipper delivered the Product(s) to the Registered User's destination country; and
- the Product(s) were intercepted by that country's Customs.
9.15.5. Products Returned By Customs Due To Non-Payment Of Import Duties and Taxes
If a Registered User does not pay the necessary taxes to allow the Products to be shipped to him, Customs will return the Products to the Company. After this has occurred, the Company will assess how to compensate the Registered User, in accordance with Section 9.16.6 (Compensating/Refunding Where Unpaid Duty/Customs Taxes Prevented Delivery).
9.16.6. Compensating/Refunding Where Unpaid Duty/Customs Taxes Prevented Delivery
The Company will contact the Registered User to inform him his Product has been returned. The Company will offer the Registered User the following options:
126.96.36.199. Reshipment at Registered User's cost
If the Registered User opts for this, then he will be required to pay the Company the actual cost of delivery again.
188.8.131.52. Refund of cost of Product less amount spent on delivery
If the Registered User opts for this, then he will be refunded according to the following formula:
refund amount = [Price he paid for Product] - [Actual amount spent on delivery]
For example, in the case of a PS4 bought for £359.99, where the Company paid £45 to ship:
refund amount = £359.99 - £45.00 delivery = £314.99
If, when applying this formula, the amount to be refunded is £0.00, then this option will not be available.
If the amount spent on delivery was greater than the Order amount (i.e. in Earned Discount usage), no refund of the Order will be given and the Company may deduct the difference from any Earned Discount remaining to the User.
9.17. Deliveries to India
India operates some restrictions in relation to international deliveries that mean that certain users in certain parts of India may ultimately not be able to use the Web Site to bid and buy certain products.
9.17.1 Uttar Pradesh Region
It is not possible to deliver to this region. An Indian Registered User who wishes to take delivery of a bought or won product will need to supply an address that is not in this region.
9.17.2 Other Regions
Our delivery partners are sometimes unwilling or unable to ship a particular product to a particular address in India, or may become unwilling to do so having initially provided such a service. If there is a problem delivering to a Registered User in another region of India, the Company will grant a full refund of the total price paid by the user for the product he won, including the amount of Paid Credits spent by him in bidding for that product if applicable.
Section 10. Collusion
10.1. Definition of Collusion
For the purposes of this Agreement, Collusion includes agreements and co-operation between two or more Registered Users designed to:
- limit open competition for any Product or Auction;
- discourage other Registered Users from participating in any Auction,
- use the Web Site in a way that distracts from its intended purpose, or
- use the Web Site in a way that has a negative effect on the spirit and enjoyment of the Web Site.
Collusion also includes any activities that give the impression that there is more competition for any Auction or Product than there actually is. Examples of which would be:
- a group of Registered Users all agreeing to bid on the same Auction (hence giving other Registered Users the appearance that the item is particularly sought after)
- a group of Registered Users agreeing to split the proceeds of any won Auction and then 'team-bidding' on that Auction (so that one member of the group is not competiting with any other members of the group but only with Registered Users outside of that group)
- a group of Registered Users from the same household, family or group of friends bidding in tandem on the same Auction
- a group of Registered Users 'pooling' money to bid on one Auction under one identity
- a group of Registered Users intentionally targeting a single other Registered User
10.2. Investigating Collusion
The Company monitors the Credits spent, the Registered Users spending them and the bids placed by them on all of its Auctions. The Company will investigate any data which indicates Collusion may be taking place. Examples of behavior which will trigger an investigation are given in Section 3.9 (Right to Investigate Auctions for Possible Collusion).
10.3. Evidence of Collusion
The Company will investigate further if it finds:
- two or more Registered Users bidding on the same Auction from the same IP address;
- two or more Registered Users with the same address or Payment Identifier;
- two or more Registered Users bidding on the same Auction who share common characteristics - i.e. similar usernames, birthdates and geographical locations;
- patterns between two or more Registered Users only being involved in the bidding for any Auction at times when other Registered Users are not bidding
This list is not exhaustive.
10.4. Standard of Proof Required for Collusion
The Company will base its conclusion upon a reasonable interpretation of the evidence. If the Company's investigation concludes that there is evidence of collusion on the part of a number of Registered Users, the Company will inform any Registered User it believes has been guilty of Collusion of why it believes that Registered User has colluded and why.
10.5. Disputing Company's Claim of Collusion
Any dispute by a Registered User as to the correctness of the Company's decision that he colluded must be entered into in writing.
The Registered User will be entitled to have the necessary evidence upon which the Company relied disclosed to him, in accordance with existing Data Protection legislation, and on payment of a nominal fee (currently £10) to cover administration costs.
If the Registered User believes the Company has not reasonably inferred collusion from the evidence available, no part of this Agreement is intended to interfere with his right to bring a legal action against the Company. However, the Registered User will be restricted to a claim for the cost of the Paid Credits he personally spent on the Auction.
10.6. Disputed Claims
Nothing in Section 10.5 (Disputing Company's Claim of Collusion) will affect, or delay, the Company's right to restart any Auction under Section 3.10 (Right to Restart Auctions in the Event of Finding Collusion) and Section 3.17 (Right to Restart Auctions in the Event of Site Attack).
If a Registered User disputes the Company's claim that he colluded in relation to an Auction, the Company retains the right to restart the Auction notwithstanding the dispute. The Registered User's correct course of action in such circumstances is to follow the instructions set out in Section 10.5 (Disputing Company's Claim of Collusion).
10.7. Effect of Collusion
In relation to any investigation into Collusion, the Company may reach one of the following conclusions:
- No evidence of Collusion
- Reasonable evidence of Collusion
- Suspicion of Collusion
10.7.1. No Evidence of Collusion
No action will be required to be taken and the Company will not restart the Auction.
10.7.2. Reasonable Evidence of Collusion
For the Company to have reasonable evidence of Collusion, it must believe, based on a reasonable and honestly-held belief and having regard to pertinent evidence, that:
- the definition of Collusion (defined in Section 10.1 (Definition of Collusion)) has been satisfied and
- the evidence of Collusion (defined in Section 10.2 (Investigating Collusion)) is such that a reasonable man would conclude Collusion had taken place
It is not necessary for the Collusion to have resulted in any of those colluding Registered Users to have ultimately won the Auction.
If (a) and (b) above are fulfilled, the Company will take the following actions:
- the Company will suspend those Registered Users it has determined colluded,
- the Company will not be obliged to accept the Winning Bid on that Auction on which there was Collusion,
- the Company will return that Auction to the state it was in before the Collusion and associated bidding took place,
- the Company will restart the Auction.
10.7.3. Suspicion of Collusion
For the company to have suspicion of Collusion, it must simply believe, based on a reasonable and honestly-held belief, that:
- the definition of Collusion (defined in Section 10.1 (Definition of Collusion)) has been satisfied and
- the evidence of Collusion (defined in Section 10.2 (Investigating Collusion)) is such that a reasonable man would conclude Collusion had taken place
It is not necessary for the Collusion to have resulted in any of those Registered Users suspected of colluding to have ultimately won the Auction.
If (a) and (b) above are fulfilled, the Company will take the following actions:
- the Company may contact those Registered Users it suspects colluded,
- the Company may provide those Registered Users with a list of other Registered Users which they must not participate with,
- the Company may return that Auction to the state it was in before the suspected Collusion and associated bidding took place,
- the Company may restart the Auction.
Section 11. Suspension
11.1. Reasons for Suspension
A Registered User will be suspended if:
- he is found to have been in breach of any of the restrictions under Section 1.12.2 (Registered User Restrictions) when he agreed these Terms and Conditions; and/or
- he is found to have been Associated with the Company under Section 1.13 (Restrictions on those Associated with the Company) when he agreed these Terms and Conditions; and/or
- he has subsequently become in breach of any of the restrictions under Section 1.12.2 (Registered User Restrictions);
- he has subsequently become Associated with the Company under Section 1.13 (Restrictions on those Associated with the Company); and/or
- he has, in the Company's opinion, become so well-acquainted with the Company (i.e. through its Web Site, the manner in which it conducts its business, its internal procedures and its operation of restrictions) that his continued presence on the Company's Web Site actually impacts the Company's obligation to ensure a level playing field to other Registered Users.
Additionally, the Company will suspend a Registered User who:
- it has reasonable evidence has colluded with others to unfairly win any Auction (See Section 10 (Collusion)); and/or
- it suspects is targeting the Company Web Site with spam e-mail, worms, viruses, electronic attacks including Denial of Service (See further Section 12 (Site Attacks))
Additionally, the Company may suspend a Registered User who:
- has instituted a request through a third party Payment Provider for cancellation or refund of any order placed through the Payment Process, unless that Registered User agrees to pay the Administration Fee for this service; and/or
- has refused to respond to an enquiry made by the Company, or has not responded within thirty (30) days of an enquiry made by the Company.
- has indicated an intention to proceed with a Court claim against the Company
11.2. Effect of Suspension
A Registered User who is suspended may:
- forfeit all Credits currently held in his account;
- have his details passed to the Company's Fraud Investigation Department in order to determine whether there is enough evidence of Conspiracy to Defraud to involve the authorities;
- be prevented from re-registering on the Company's Web Site; and
- be prevented from further use of the Company's services.
Section 12. Site Attacks
12.1. Frequency of Site Attacks
On rare occasions, the Web Site may be attacked and, as a result, Bids may not be able to be processed. During an Attack, the Countdown Timers may count down to zero and therefore fire off the instant notification to a Winning Bidder. If a Registered User 'wins' an Auction as a result of this type of cyber-attack, the Company is obliged to restart the Auction. This Auction Restart procedure will always be instituted, no matter how unjust it may seem to a Registered User who appears to have 'won'. The Company cannot allow site attacks to compel it to end Auctions early.
12.2. Results of Site Attack
In the event a Site Attack results in an incorrect notification of a win, the Company will contact the Registered User who appears to have 'won' and will explain how and why his offer to buy the Product will not be accepted by the Company. If the Registered User has already made payment of the Winning Bid plus Shipping and Handling, the Company will refund the entirety of the amount paid.
The Company cannot guarantee that all Registered Users will have continuous, uninterrupted access to its Web Site. Site attacks, different browsers, Internet connections, geographic location, power failures, network outages and numerous other factors are outside the control of the Company. The Company uses all reasonable endeavors to fulfill its obligations.
When a Site Attack occurs, any Auctions which are counting down are immediately paused until the issue is resolved. When they come back on line, the Company may lengthen or shorten their Countdown Timers as appropriate. It is usual for all Auctions brought back to life to display 'Waiting for bids...' until another bid instruction is placed.
12.4. Site Attack Investigations
In the event the Company can identify elements of a Site Attack, and can identify a pattern in attendance on the Web Site which correlates with Site Attacks, the Company will liaise with the authorities. The Company will pursue legal action against anyone who targets its Web Site and Registered Users, in line with its obligations to ensure a level playing field.
Section 13. Requests For Refunds By Payment Providers
13.1. If Financial Institution Fails To Honor or Requests Return of Payment
If a Registered User completes the Payment Process, the Company assumes that the Payment Option selected will honor the payment in full, and will not request the return of that payment. In rare circumstances, this is not the case. The financial institution offering that Payment Option subsequently contacts the Company and orders that the payment be returned. This usually, although not always, occurs at the request of the Registered User.
13.2. Return Administration Fee
The Company will levy an Administration Fee if it is obliged to return payment to a Financial Institution. The current fee for this is £25.00.
Section 14. Sneak-A-Peek
A Registered User has the ability to purchase the right to view the Non-Personal Information (NPI) of other Registered Users. This feature is called Sneak-A-Peek.
A Registered User has the ability to purchase the right to hide this Non-Personal Information (NPI) from other Registered Users. This feature is called Stealth Mode.
The Sneak-A-Peek & Stealth Features are provided in accordance with the specific Terms and Conditions pertaining to them, and listed upon the Web Site.
14.2. Allowance to Collect Non-Personal Information
A Registered User gives the Company permission to:
- collect the above NPI;
- store it; and
- publish it through the Sneak-A-Peek feature.
Section 15. Buy Now
Many Auctions invite the Registered User to purchase an identical Product to that featured in the Auction, whilst the Company has enough stock of that Product to fulfil orders it may receive. If the Company has enough stock to meet one or more additional orders, a link appears to the Product's Buy Now price. To purchase the Product, the Registered User clicks the link to Buy Now.
The Buy Now price, before any deductions from it under Section 15.2 (Effect of Click on Buy Now), should usually match the cheapest on-line retailer offering that Product by direct sale; however, the Company's discretion in relation to setting the Buy Now price is limitless. The Company will not set a Buy Now price so low as that it could interfere with its right to reject an offer in the case of technical error.
Section 15.2 (Effect of Click on Buy Now) describes the effect of clicking on Buy Now, as it offers a Registered User substantial discounts on the Product's Retail Price.
Buy Now will not be available, and the link will immediately disappear, if the last item of stock of that Product has been sold.
Buy Now is in no way to be inferred that MadBid has limitless stocks on the Product in question. Buy Now is in no way to be assumed to be available to all Registered Users, for the entire duration of the Auction, and a dependent feature of the Auction in question. For further information see Section 15.6 (Spirit And Intention of Buy Now).
15.2. Effect of Click on Buy Now
- If Buy Now is clicked, the price of any Paid Credits which the Registered User has already spent on the Auction are then deducted from the Buy Now Price.
- The new price (i.e. the Buy Now price less the cost of the User's spent Paid Credits) is then displayed to the Registered User and he is asked to confirm he wishes to buy the Product for that price.
- As per Section 15.1 (Introduction), if the Registered User opts to confirm his intention to Buy Now, he will no longer be able to Bid on that Auction.
15.3. Buy Now Available Throughout and After Auction
The Buy Now option is actually available:
- during the Auction's hours,
- while the Auction is Sleeping and
- for up to 48 hours after the Auction is won.
15.3.1. Buy Now UnavailableThis term only applies to the German Site.
15.4. Contract For Sale/Purchase of Product
When clicking the Buy Now option, the Registered User expresses an Offer to purchase the Product from the Company. The Company will accept the Registered User's Offer in all circumstances except those envisaged by Section 3.6 (Right Not to Accept an Offer to Buy in case of Technical Error).
15.6. Spirit And Intention of Buy Now
The spirit and intention of the Buy Now feature is to allow Registered Users to obtain Products at the lowest possible price by a variety of bidding skill, patience and diligence.
The Buy Now option is an invitation that is made to Registered Users that they can be supplied with the Product only whilst the Company has stocks of that Product available to meet those Registered Users' orders.
The Company has stocks of that Product available whenever the link to the Buy Now price is present. The Buy Now information pop-up will reveal exactly how many Products the Company has in stock.
Buy Now is a bonus feature of an Auction. Its effect however is to elevate the opportunities for winning or buying a comparable Product at a low price. A Registered User may Bid on any Auction where there are Buy Now stocks of that Product available, and he will see a corresponding decrease in the Buy Now price equal to the amount of Credits he has spent.
Only a finite number of Buy Now Products will be in stock at any one time, and the number available may decrease as Registered Users offer to buy Products at their own Buy Now price and stocks are depleted. This means that it is possible for a Registered User to expend a large amount of Credits on an Auction, intending to purchase at a low Buy Now price if he does not win that Auction, only for the Buy Now link to disappear when another Registered User buys the last amount of remaining stock. It is any individual Registered User's responsibility, if his intention is to buy using the Buy Now price, to carefully monitor the amount of items remaining to Buy Now, and to make his offer to Buy Now before that amount reaches zero. If this happens, the Company will in no way be liable to refund the Paid Credits the Registered User spent on the Auction in question.
For the avoidance of doubt, note that no obligation attaches to the Company to provide a Buy Now price on all Auctions.
15.7. Buy Now Removal
The Company retains an inviolable right to remove Buy Now from a particular Auction.
15.8. Earned Discount
All Registered Users who bid with Paid Credits on any Auction on the Web Site accumulate Earned Discount. That Discount may be used to reduce the price of any Product on the Web Site.
15.8.1. Spirit and Intention of Earned Discount Feature
A Registered User who is bidding on an Auction may not win it. If he does not win it, he may not wish to use Buy Now to buy that Product either. The Earned Discount feature allows him to recoup those losses by buying a different Product, reducing its price by the amount of Paid Credits he has spent. If a Registered User has spent, for example, £30 of Paid Credits bidding in an Auction, after that Auction closes, he will see he has Earned Discount of £30. He may then purchase any Product on the Web Site which has a Buy Now price less than £30 for nothing (He will retain any unspent Earned Discount) and any Product with a Buy Now price over £30 with a £30 reduction.
Not all Products will be available in the Earned Discount shop. Lack of stock may mean a Product is removed from the Earned Discount shop either permanently, or temporarily until further stocks of it are acquired. Other Products may never be available via the Earned Discount shop. No guarantee is given or should be inferred as to the availability in the Earned Discount Shop of any given Product auctioned by the Web Site. However, the Web Site offers a diverse range of Products and it is highly likely that if a particular Product is not available, a Product with very similar specifications will be.
15.8.2. Earned Discount Operation
Taking advantage of Earned Discount by any Registered User is not available until the underlying Auction on which that Registered User bid has closed. No Earned Discount will be given to any Registered User in respect of an Auction he went on to win, or on which he used Buy Now to purchase an identical Product before the Auction has closed.
If a Registered User has bid on Auctions which he has not won, the amount of Paid Credits spent by that Registered User will be converted to Earned Discount. At this point, the Registered User will be able to buy any Product on the Web Site where the Company has sufficient stocks to satisfy his order. All of the money he spent bidding will be available to reduce the price of any Product.
15.8.3. Earned Discount Operation Example
In accordance with Section 15.1 (Introduction), if a Registered User has spent £10.00 of Credits bidding on a Product, that Product will be available to that Registered User to Buy Now with a £10 reduction until the Auction closes.
When the Auction closes, that Product will continue to be available with the reduction in accordance with Section 15.3 (Buy Now Available Throughout and After Auction).
However, as soon as the Auction closes, a Registered User may also use the £10.00 Earned Discount to reduce the Buy Now price of any Product.
15.8.4. Expiration Of Earned Discount
The Earned Discount will only be valid for a period of days defined in the Earned Discount Expiry Time.
15.8.5. Other Forms Of Transaction Regarding Earned Discount
The Company will not entertain any other requests by a Registered User in respect of his Earned Discount. In particular requests for:
- a refund of the Earned Discount; or
- an Earned Discount to be transferred to the account of a different Registered User; or
- the Earned Discount Expiry Time to be extended for a User
will not be considered. For the avoidance of all doubt, note that no other forms of transaction can take place with respect to the Earned Discount other than the operation outlined in Section 15.8.3 (Earned Discount Operation Example).
15.8.6. Discount Codes Regarding Earned Discount
Earned Discount may be used in conjunction with other Buy Now Discount Codes, at the Company's discretion.
Section 17. Winning Limits
17.1. Winning Limit Restriction
In order to ensure a level playing field, the Company operates restrictions. These restrictions limit a Registered User from Winning Auctions (the Winning Limit) and may vary depending on the type of Auction, and the number of recently-won Auctions by a Registered User.
These Limits are prominently displayed on the Web Site and are an integral and indivisible part of these Terms and Conditions.
17.2. No Requirement for Notice
Winning Limits may be amended by the Company at any time, without notice to any Registered User.
Section 19. Any Claims
19.1. Legal Issues
A Registered User who believes he has a legal complaint against the Company will make contact with the Company by writing to firstname.lastname@example.org, explaining his situation fully before incurring legal costs. If a Registered User does not make any contact with the Company, the Company will refuse to cover any legal costs expended should it later attempt to reach an agreement to settle.
A Registered User who is in legal dispute with the Company has a right in law to Counterclaim. This Counterclaim will be restricted to the contractual relationship on which these Terms are based, without prejudice to the Registered User's statutory rights.
19.3. Liability for Reimbursement of Legal Expenses
Liability for reimbursement of legal expenses shall likewise only be assumed in accordance with the stipulations above.
Section 21. Buy One Get One Free Offers (BOGOF)
21.1. Spirit & Intention of the Buy One Get One Free Offers
Buy One Get One Free (BOGOF) offers are run periodically. These offers give a User the chance to obtain two Paid Credits for the price of one. For example, the purchase of a £9.99 Credit Package of 80 Credits will instead reward a User paying £9.99 with 160 Credits.
21.2. Buy One Get One Free Special Meaning
The regular use of the phrase Buy One Get One Free assumes that a User who buys any Product acquires a free identical Product with the same value. However, the term Buy One Get One Free, when used on the Web Site, is slightly different to this phrase in its regular use.
21.3. Value of Paid Credits in a Buy One Get One Free (BOGOF) Campaign
Buy One Get One Free (BOGOF) in its usage across the Web Site signifies only that in each Credit Package purchased during a BOGOF campaign, two Credits will be added to a participating User's Account instead of one. The calculation of the Paid Credits remains as Section 6.10.1 (Paid Credits Value). However, the number of Credits being sold to the User is doubled. A £9.99 Credit Package of 80 Credits subject a BOGOF campaign therefore becomes a £9.99 Credit Package of 160 Credits. The Paid Credit Value of each Credit is therefore £0.06.
21.4. Reduction of Paid Credit Value Explanation
The Paid Credit Value is reduced under Section 21.3 (Value of Paid Credits in a Buy One Get One Free (BOGOF) Campaign) in order to ensure that the Web Site maintains a level playing field in relation to all the Users on its site. As a result of Section 21.3 (Value of Paid Credits in a Buy One Get One Free (BOGOF) Campaign), Users who purchased during a BOGOF campaign will receive double the amount of Paid Credits - but in using these Paid Credits they will not be entitled to double the discount on the Buy Now price.
Section 22. Other Promotional Offers
22.1. Promotions Giving A % Bonus/Free Credits
Other promotions are run periodically which may involve the User receiving a % of extra Credits when he makes payment for a Credit Package.
22.2. Value of Paid Credits in % Bonus/Free Credits Promotions
Unless otherwise stated, these other promotions will also have the value of the Paid Credits distributed evenly for all Paid Credits acquired during the purchase. See further, Section 21.3 (Value of Paid Credits in a Buy One Get One Free (BOGOF) Campaign) and Section 21.4 (Reduction of Paid Credit Value Explanation).
Section 23. Closing Account
A Registered User can, usually, close his Account using the Web Site. An exception to this occurs if the User has won an Auction, or paid for a Product, and the User tries to close his Account in the period between his Order leaving the Company's warehouse and before the Courier has confirmed it has been delivered. This exception is necessary so that the Company's data in relation to his Orders is complete.
23.2. Consequences Of Closing Account
If a Registered User closes his Account using the Web Site, this is understood to terminate any and all contractual relationships with the Company in relation to that Account. A Registered User should not undertake the closing of his Account without ensuring that he is aware of these consequences.
The consequences are as follows:
- Any Orders which the Registered User has won or bought but not paid for are forfeited, and
- The Registered User's e-mail address and mobile phone number are set to a special status of Deleted.
Deleted Accounts are then purged from the MadBid system every 28 days.
23.3. Reactivating a Closed Account
The Company recognises that a Registered User may close his Account and then wish to reactivate it again, particularly if he has not understood the rules regarding Earned Discount and, after closure, receives an e-mail alerting him to Earned Discount that he can redeem against Products.
If a Registered User wishes to reactivate a Closed Account, he should contact MadBid Customer Services. It is advisable for any Registered User who may believe he had any of the following to reactivate his Account as quickly as possible:
- Any Earned Discount in respect of previous bidding,
- Any Credits (Paid or Free)
as any limitations for using any of these entities continue to operate on a closed Account. For example, Credits will expire, etc.
If a Registered User requests a Closed Account be reactivated, the Registered User accepts, and is bound by the current terms, regarding the use of the Web Site.
23.4. Limitations on Closing and Reactivating
The Company will refuse to reactivate an Account of a Registered User if he has closed and reactivated his Account on more than one previous occasion.
Section 24. Disclaimers
24.1. Meaning of Company in this Section
In this section only, the word Company applies not only as per the the definition given in Section 1.1 (Definition of Terms), but means the Company and its Service Providers, such as warehouses and local shipping and courier services.
24.2. Disclaimers Regarding Information on Products and Services
24.4. Limitation of Liability
Section 25. Intellectual Property Rights
25.1. Copyright Information and Personal & Non-Commercial Use Limitation
All content included on the Web Site is owned by the Company or the Company’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. The Company does not claim ownership of copyrights owned by third parties.
Registered Users are granted a licence to view and use the Web Site subject to these Terms. Unless otherwise specified, the Service is for personal and non-commercial use. No Registered User may sell or modify the Web Site itself, or reproduce, display publicly or otherwise use the Web Site in any way for any public or commercial purpose.
Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from the Company. A Registered User may not provide copyrighted or other proprietary information to the Company without permission from the owner of such material or rights.
A Registered User is solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
25.2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Company owns the name and trademark of MadBid.com as well as any updates. The associated graphics, logos and service marks and may not be used without the prior written consent of the Company. All other trademarks, product names, and company names and logos appearing on the Web Site are the property of their respective owners.
25.4. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to the Company by any Registered Users are the exclusive property of the Company. The Company will not entertain any claim by any Registered User that the Company has in any way exploited an idea communicated to the Company as its own. If a Registered User submits any idea or invention, he agrees that the Company may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to him.
Section 26. External Links
26.1. Other Web Sites
Section 27. Security
27.1. User's Reponsibility To Restrict Access
All Users who use the Web Site are responsible for restricting access to their computer and ensuring that their computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data entered on the Web Site.
In addition, a Registered User is responsible for maintaining the confidentiality of his Account and identifiers and for restricting access to his computer, and he agrees to accept responsibility for all activities that occur under his Account or identifiers.
27.2. Obligation To Secure Password And Exit Sessions
A Registered User agrees to:
- immediately notify the Company of any unauthorized use of his password or Account and/or other breach of security by writing; and
- ensure that he exits from his Account at the end of each session. The Company cannot and will not be held liable for any loss or damage arising from his failure to comply with this section.
27.3. Monitoring Operations by Company
The Company reserves the right to monitor all network traffic and Account activity on the Web Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Web Site in any fashion. Anyone using the Web Site expressly consents to such monitoring.
The Company reserves the right to fully cooperate with any law enforcement authorities or Court Orders requesting or directing it to disclose the identity of anyone posting any information, publishing or otherwise making available any materials that are believed to violate these Terms.
Section 28. Indemnification
28.1. Indemnity Agreement
All Registered Users agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by such parties from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against such parties in connection with:
- the use of the Web Site using the Registered User's Account;
- any data or work transmitted or received by a Registered User;
- a Registered User’s violation of these Terms; or
- a Registered User’s violation of any rights of a third party. This defence and indemnification will survive this agreement and all Registered User’s use of the Web Site.
Section 29. Waiver/Severability
29.1. When Strict Performance Of A Term Is Not Required
In exceedingly rare circumstances, the Company may not require strict performance of one or more of the terms by a Registered User. This shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance.
These Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
Section 30. Statute of Limitations
30.1. United States Only
Section 31. Notices
Except as expressly stated otherwise, any notices regarding the Web Site shall be made by registered mail to the Company.
Notices to Registered Users may be mailed to the postal address they provided for deliveries of products, as part of their Registration Data (including registered mail) or by electronic mail to the e-mail address(es) or mobile telephone number they provided. A notice sent to a Registered User shall be deemed given twenty-four (24) hours after e-mail or SMS is sent and three (3) days after the date of mailing.
Section 32. Entire Agreement
These Terms constitute the entire agreement between all Registered Users and the Company 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 of the Terms will be effective only if in writing and signed by an authorized representative of the Company.
Section 33. Section Titles For Convenience Only
33.1. Section Title
The Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.