BidAndClick is owned and run by Sophora Media, referred to below as BidAndClick or BidAndClick
or "Us" or "Website".
1. DEFINITIONS
By placing bids at BidAndClick, you (“participant,
“customer”, “user”, “bidder”, “visitor”,
“auction winner”) agree to enter an agreement with BidAndClick
and accept the following terms and conditions, which are subject
to revision by BidAndClick.
2. ELIGIBILITY
By accessing this site the Member exercises the right to act
autonomously, and guarantees the right, authority and capacity to
accept the present Agreement, agrees with all the Terms and Conditions
and guarantees that he/she is aged 18 or over, or as legally required
in the country of residence.
Each single Member, by registering with BidAndClick, unconditionally
accepts without any exception the following prohibited uses:
- Open and use more than one
BidAndClick
account (“Account”);
Use a false or misleading address or e-mail address to open or
use an Account.
- Supply false or misleading information to any subject involved
in the
BidAndClick
program.
- Use names and/or addresses and/or personal data of any type
belonging to third parties.
BidAndClick reserves the right to suspend and/or delete the Member
account if the Member doesn not follow the rules above
3. ACCESS CODES
Each Member must create a "Nickname" which will identify
the Member on the Site in a unique and univocal way. In addition
each Member must choose a "Password". Nickname and password
allow BidAndClick Members to see, use and manage their Account. You
are solely responsible for keeping your Nickname and Password confidential.
In no case shall BidAndClick or their employees or associates be liable
and/or have duties in relation to the use or improper use of your
Nickname and/or Password.
4. SERVICE
Our service is limited to the choice of suppliers and products placed
on sale. Our Service includes monitoring the regular execution of
sales based on a blind lowest unique bid auction system, as per
the Rules described herein, and monitoring that the product purchased
is delivered to the buyer. In addition, the BidAndClick Service includes
the management and updating of the Site and of its web and software
parts, as well as the management of all the costs related to servers,
employees, advertising and costs related to the management of a
Company. You hereby agree and accept that the Service offered and
for which you decide to buy Credits is reasonable. Members who wish
to place bids accept and agree to buy Credits in order to receive
these Services.
IF, FOR WHATEVER REASON, YOU DO NOT AGREE WITH THE SERVICE WE OFFER
PLEASE DO NOT REGISTER WITH THE SITE AND DO NOT USE THE SERVICES.
5. CREDITS
Access to the Site and registration are free. To receive the Services
offered by BidAndClick you must buy Credits. In return for purchasing
the BidAndClick Services you receive Credits, which you can use at
your discretion to receive the Information Service for each bid
you place. The amount of Credits deducted from your Credits Account
purchased is shown on the site and may vary according to the product.
By registering as Member and therefore wanting to receive the BidAndClick
services, you agree and accept that any payment you make to BidAndClick
is made exclusively to guarantee the continuity of the Service indicated
here and that the Information Service offered by BidAndClick for each
bid is an additional Service offered by BidAndClick for which no payment,
but only the use of Credits, is required. The Member is solely responsible
for any type of management of his/her Account.
6. SPECIAL OFFERS
6.1 Bonus credits
When purchasing Credits, or in the case of promotions which may
be presented from time to time, BidAndClick may, at its own discretion
and without any obligation, give you a Bonus.
A bonus amount can only be used to participate in the current auctions
at BidAndClick, and can in no other way be used or reclaimed in the
form of payment or compensation otherwise.
All bonus offers are subject to the terms and conditions specified
at the time of the offer. BidAndClick reserves the right to take appropriate
action, which may include immediate account deactivation without
refund, towards any users abusing bonus offers.
6.2 Premium credits
All the VIP Credits spent on an auction that you don't win become Premium Credits. To convert Premium Credits into Bonus Credits, you have to buy a new BidPack.
- Only VIP Credits can convert into Premium Credits. Bonus Credits are not eligible.
- Only VIP Credits used on ended auctions can be converted into Premium Credits
- You are not allowed to bid with Premium Credits.
- VIP Credits will convert into Premium Credits only after the end of an auction you have not won
- If you win the auction, no Premium Credits are converted.
- Premium Credits are valid for 1 year
7. ACCOUNT BALANCE WITHDRAWALS
If a member wishes to have a certain balance, which has previously
been deposited at BidAndClick, repaid in the form of balance on a
bidding account, the member will be charged an administrative fee
of 4.5% of the full account balance or $ 15, whichever is
higher. This fee covers handling, administrative and international
transaction fees between BidAndClick and the member. The member also
waives any claim to potential bonus amounts in the account that
are linked to the amount being paid back, and these bonuses will
be deducted from the account prior to the calculation of the administrative
fee.
8. SERVICE CHANGES
BidAndClick reserves the right, at any time, to change or interrupt,
temporarily or permanently, a part of the Service with or without
notice. You agree and accept that We shall not be liable and shall
not be subject to sanctions by you or third parties for any change,
suspension or interruption of the Service and you agree and accept
that you shall not have the right to receive any refund unless the
Service is permanently closed and interrupted for a continuous period
of 12 consecutive months.
9. LOWEST UNIQUE BID AUCTION
9.1 Rights to bid
Participants may bid on any number or all of the ongoing auctions
until they are closed. Every auction closes at a set time and date
disclosed on our website.
9.2 Bids Amount
Bids can only place in US dollar with 2 cents (for instance,
23.5 $). As such, bids can be placed from 1 cent (0.01 $)
and upwards. The auction item is sold for the lowest unique bid
at the end of the auction.
9.3 Valid Bid Registration
Incoming bids are valid once they are registered at BidAndClick. The
bid is not valid at the time when it is sent from the bidder’s
computer. Typically, the bid is registered within one second after
it is sent from the user, but in some rare cases, bidders may experience
connection problems with the Internet service provider. These connection
problems may result in a delay between the time the bid is submitted
by the bidder and the time it is received by BidAndClick.
In order for the bid to be valid during an auction, it has to be
registered with BidAndClick at the designated closing time for each
auction.
9.4 Lowest Unique Bidder
The User who at the end of the auction has placed the lowest unique
bid is the winner of the auction. The lowest unique bid refers to
the act of placing the lowest bid along with being the only one
to place the bid in question. BidAndClick continuously identifies
the lowest unique bid and also keeps the relevant individuals informed
about the status of the bid and other relations to this bid, subject
to the limits of liability stated above. In the extreme rare case
of no bid being unique, the auction will be re-opened for a few
days.
10. AUCTION WINNER
10.1 Auction Winner Notification
BidAndClick contacts the winner, as defined under “Lowest unique
bidder”, and sends an invoice covering the winning bid and
the shipping costs. The invoice is to be paid within thirty days.
If the invoice is not paid in time, the winner of the auction will
lose the opportunity to purchase the item/service for the winning
bid. Auction winners are responsible for inspecting all products
immediately upon delivery and report any problems to BidAndClick Customer
Support within 14 days after delivery.
10.2 Delivery
Delivery. Items are normally delivered 1-4 weeks after the invoice
has been paid. In rare cases there may be delays from the product
manufacturer that prevents BidAndClick from delivering the item to
the winner within 4 weeks, and in these cases BidAndClick pledges
to notify the customer of the delay and explain the circumstances.
All items are delivered by courier, to the address specified in
the winner’s BidAndClick account.
Some products may require your personal presence because they must
be registered through public deed (e.g. a car). In this case all
expenses sustained by the winner to reach the location of the product
and/or any registration cost and/or any other cost not expressly
mentioned on the site shall be paid by the Successful Bidder. After
having purchased and paid for the Product the Winner can assign
the property to a third party according to instructions which the
Winner shall communicate to BidAndClick. BidAndClick shall not be liable
or punishable in any way if the product cannot be delivered due
to the fact that the address on the registration form is incomplete
or incorrect. You are responsible for updating your details.
10.3 Product Warranty
Items sold on BidAndClick typically come with the manufacturer’s
warranty, which obviously vary by manufacturer. Although BidAndClick
is happy to assist the customer in correcting any issues with defectious
products, the company does not offer any explicit product warranties.
In case there are any faults with the received item(s), please contact
support@bidandclick.com. The customer will then be given
the option to return the goods for inspection. If the fault of the
product is covered by the manufacturer’s warranty, BidAndClick
will assist the customer in acquiring a brand new product from the
manufacturer.
10.4 Availability
BidAndClick will make its best efforts to select suppliers that can
guarantee the availability of the product with the characteristics
specified on the Site, without modifications, during the entire
Bidding Period. If, during the Bidding period, BidAndClick is informed
that said product with the characteristics presented is no longer
available, BidAndClick shall indicate it on the Site or communicate
it to the Winner, if the Bidding period is closed. If the product
is not available after the Bidding Period, the Winner shall be offered
a product of the same type of equal or higher value. In this case
the Confirmation Period defined above becomes of thirty (30) days.
If on the other hand the product is not available during the Bidding
Period and BidAndClick is informed of this, then the product may be
withdrawn from the auction and all the Credits used to place bids
by Members for that product will be credited to their Accounts.
10.5 Product Refunds
An auction winner has the right to cancel the purchase within 14
days, provided that the product is unused and unopened. If the customer
wishes to cancel the purchase of an auction item, the customer should
contact support@bidandclick and either send the item
to us, or deliver them to a specific address. The customer will
then be reimbursed for any amount paid for the item (the lowest
unique bid), less shipping and handling.
10.6 Contact Information
When placing a bid, the customer agrees to provide a telephone number
that BidAndClick can use to contact the customer at the time of the
auction close in the case that the customer has placed the lowest
unique bid. Aside from a telephone number, the customer may also
provide BidAndClick with other contact details including, but not
limited to,address and gender when opening an account. As stated
under “Privacy”, BidAndClick adheres to applicable privacy
laws and has policies in place that this information will not be
shared with third parties without the member’s expressed consent.
10.7 Publication of auction winners
BidAndClick has the right to contact the winner after the end of an
auction and publish information about the winner. All winners of
items worth $ 3 000 or more are obligated to submit a picture
and full name to BidAndClick for publication on BidAndClick. In
order to provide its members and the public with transparency in
regards to auction winners, BidAndClick has the right to forward auction
winners’ contact information to relevant media, individuals,
and BidAndClick’s certified accounting firm.
11. PRODUCT DESCRIPTION
We do our best to give Product description which are as accurate
as possible. The information may contain printing errors or incorrect
elements. Therefore, product information must not be considered
as a BidAndClick declaration of the technical characteristics of a
product. The published market values are basic estimates made by
BidAndClick, and may be different due to the nature of commerce and
ever-changing prices.
12. DICLAIMER
BidAndClick, including their legal representatives, directors, agents,
controlled companies and employees shall not be liable for incorrect
or incomplete contents published on the site or concerning the Service
whether these are generated by users, Members or any other instrument
or program associated to the Service or used by the Service, or
generated by the conduct of any user and/or Member of the Service
both online and offline. BidAndClick shall not be liable for any errors,
interruptions, extensions, defects, delays in the operations or
in the transmission, lack of communication lines, thefts, destruction
or unauthorised access to or alteration of user and or Member communications.
BidAndClick shall not be liable for any technical malfunction or problem
of any network or telephone line, online computer system, server
or provider, computer equipment, software, lack of e-mail or traffic
congestion of the Internet or any site or combination of these,
including tort or damage to user and /or Member computers and/or
computer of any person, that may arise from taking part or downloading
material related to the BidAndClick Site and/or Service. BidAndClick
shall not be liable, for whatever reason, for any loss or damage
deriving from the use of the site or Service and/or any content
published on the site or communicated to BidAndClick Members by anyone.
BidAndClick and Sophora Media and their employees cannot guarantee
and do not promise that the use of the site and/or Service will
lead to specific results.
13. LIMITE DE RESPONSABILITÉ
Excluding jurisdictions in which said provisions are limited (in
that case We decline any responsibility to the extent permitted
by law), BidAndClick shall not, for any reason, be liable towards
members or third parties for any indirect, consequent, exemplary,
accidental, special or punitive damage including the loss of profits
that may arise from the use of the site or Service even if BidAndClick
has been advised of the possibility of said damage.
Notwithstanding anything to the contrary contained in this agreement
BidAndClick’s liability to the member for any cause whatsoever,
regardless of the form of action, will at all times be limited to
the amount paid by the Member, expressed in Credits, and not yet
used net of any Bonus Credits received.
14. TRADEMARK PROPERTY
BidAndClick trademarks and the BidAndClick logo, and BidAndClick website
texts belong to Sophora Media. All other trademarks belong
to their respective owners. You cannot, for any reason, use the
intellectual property of BidAndClick and/or reproduce texts, images
or any other data published on the BidAndClick website without having
received prior written consent from Sophora Media.
Last revision: 25 July 2008
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