321bid

Terms and Conditions

321bid is referred to below as 321bid or "Us" or "Website".

These Website Terms of Use (together with our Privacy Policy) tell you information about us and the legal terms (“Terms”) on which we operate our website at www.321bid.co.uk (“Our Site”), including the terms of sale of the goods we list on Our Site (“Products”) and/or how we provide services to you (“Services”). 

These Terms apply exclusively to the business relationship between us, Our Site and our users (“you”, “your”). Our acceptance of your application for registration for Our Site is on condition that you agree to the following Terms which give you the status of a registered user (“Registered User”). These Terms will apply to any contract between us and the Registered User for the purchase of credit packages, sale of Products and/or the bidding on any of our Products. Please read these Terms carefully and make sure that you understand them. You should print a copy of these Terms or save them to your computer for future reference.

1. How our Auctions Work

We operate an auction site for Registered Users to bid on our Products. Our auctions work in the following way:

1. You register an account with us and purchase credits by either "Buy Now" or by winning a bid pack. Please note that by registering an account with us, you have accepted our terms and conditions.

2. Registered Users may place a bid for any Product that is currently being auctioned. The new bid will be one pence more than the current bid, and every time a new bid is made, the remaining time for the auction will be automatically extended by 5,10 or 15 seconds. (All free to bid items are set up differently and can be a quicker refresh and higher bid amounts on refresh)

3. Wait for the timer to reach 00:00 (a “Finished Auction”). If nobody else bids you have placed the highest bid (“Hammer Price”) for the Product (“Last Bidder”).

4. The Last Bidder pays to us the Hammer Price and any shipping and postage & packaging and handling charge (“Total Price”) within 4 days. The Product will then be sent to the Last Bidder.All bid credits are purchased as intangible items and you will receive your digital credits automatically as soon as payment has completed. Paypal receipts will be marked as Order Processed/Service Rendered

Please see below for more details on how our auctions work or visit our
FAQ page on Our Site. 

* Please see our website for the start times for each auction, and the time remaining of active auctions (“All Auctions”).

* The number of credits/tokens a Registered User will be charged for each bid is different for each Live Auction. Please see our website under “All Auctions” for the current bid prices and number of credits/tokens needed to bid for each Product.

* The monetary value of each credit/token will depend on the credit package a Registered User purchases.

* Bids may be placed manually or via our automatic bidding tool (bid buddy). Please see paragraph 5 for more information.

* Each new bid extends the remaining time of the auction by seconds. The countdown is in real time and the countdown timer is displayed alongside each Product. The auction finishes when the auction timer reaches 00:00 seconds (a “Finished Auction”) and then no more bids can be placed.

* The final bid submitted by the Last Bidder for a Product, whether by using our automatic bidding tool or manual bid, is known as the “Last Bid”. For each Finished Auction, the Last Bidder will be given details of the Total Price on screen. The Last Bidder will be required to pay the Total Price within 4 days of the time the Finished Auction ended. On full payment of the Total Price, the Product will be sent to the Last Bidder at the address provided to us.

* All bids before the Last Bid will lapse and credits will not be refunded to a Registered User’s account, unless we are at fault (please see paragraph 4 for the circumstances justifying a refund of credits).

* The Last Bidder is determined according to our records and databases and our decision will be final and binding. The Registered User will not have the right to challenge our decision and we will not engage in any conversation or explanation regarding our decision, same in the case of a major system error.

2. Registering a “
321BID” Account

To use our Services, you must be a Registered User. You can apply to register an account with us by clicking on the “Register Now” button. No more than three (3) accounts from same address or IP. You may only register one account per person per household (Maximum of 3 people in the household) and you must have a residential address within the United Kingdom.  You must register using your residential postal address (registration using PO boxes or equivalent is not permitted). The address provided will be used to ship any Products you purchase from us.

To register, you must choose an appropriate username, which must not be offensive, infringe the rights of third parties or deceive or mis-inform other users.  Your username will be displayed on Our Site alongside any Product you bid on, including Finished Auctions where you are the Last Bidder, and therefore it would be advisable for you not to use your full name or any other personal details identifying you if you do not want these to be displayed on Our Site. We reserve the right to delete or amend, without notice to the Registered User, any username which breaches these Terms.

You will also need to choose a password to obtain access to our login area. You agree to:

* keep your password secret at all times;

* not to allow anyone else to use your username, email address or password to access Our Site;

* not to do anything which would assist anyone who is not a Registered User to gain access to any secured area of Our Site; and/or

* not to create additional registration accounts for the purpose of abusing the functionality of Our Site or other users, or to seek to pass yourself off as another user.

You shall be liable for all activities that are undertaken using your Registered User account. If you think someone else has obtained your account details, let us know and we will deactivate your account as quickly as possible. 

3. Bidding Terms

By accepting these Terms you confirm that you are over the age of 18 and eligible to use Our Site. You warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the Terms.

You are prohibited from using bidding software not authorised by us and doing so will result in immediate suspension from use of Our Site.

Our Employees and relatives of our employees are not permitted to register an account for the purposes of bidding on our Products.

Our auctions are currently not available in other countries. If we find the Last Bidder’s address is not registered within the United Kingdom, this is deemed to be a breach of these Terms and we reserve our right to withhold delivery of goods and/or to cancel any credits purchased. We may resell or otherwise dispose of part or all of the Products if the Last Bidder is in breach of these rules.

Our Products and Services are offered exclusively to private users and not to commercial re-sellers.  We reserve the right to exclude commercial resellers or suspected commercial resellers from auctions, and such use will be deemed a breach of these Terms.  Any credits purchased will be void and not eligible for a refund.

If a Registered User is in breach, we may also close the Registered User’s account, and any remaining credits held to that account may be forfeited.

Please note images of Products on Our Site are for illustration purposes only.

4. Credit Packages and Payment (Refunds and Promotional Bids)

Credits must be purchased and paid for by a Registered User prior to bidding in our auctions. Credits can be purchased in credit packages at the current applicable prices, details of which may be viewed on Our Site under the “Buy Tokens” page.  Payment can be made by a payment gateway such as PayPal. Please see our FAQ page for commonly asked questions on our payment procedures. Should payment not be made for whatever reason, a returned payment fee of subject to the value of order will be charged to the Registered User’s account and the Registered User will be responsible for these fees. We reserve the right to suspend access to a Registered User’s account and prevent that Registered User’s activity on our Site until payment (including any returned payment fees) is received in full.

A contract for the purchase of a credit package is formed on our receipt of full payment of the total price of the credit package.Your tracking number is your invoice number.

Credits are valid from the time they have been credited to the Registered User’s account.  They do not expire. Any unused Credits in a Registered User’s account will not be eligible for a refund. If a Registered User’s account is inactive for a period of 12 months or longer, we reserve the right to close the account and we make no guarantees on the availability of your old username should you wish to re-register.

a) Credit/Token Package Refunds

A Registered User has a right to cancel and receive a refund on any purchase of credit packages before they are credited to their account.

If a credit package has already been credited to a Registered User’s account and providing no credits have been used, the Registered User will have a period of 4 (4) working days in which they may cancel their purchase. The 4 working day “cooling off period” starts from the day after credits have been credited to a Registered User’s account and ends on the placing of a bid and using a credit, or the lapse of 4 working days whichever is the sooner. A Registered User’s right to cancel only applies to unused credit/token packages, meaning no bids must have been placed nor any credits/tokens used. Working days means that Saturdays, Sundays or public holidays are not included in this period.

Please remember that bid packs/tokens are a virtual item therefor are classed as intangible and are not eligble for refund unless covered by our terms & conditions section 4.Your tracking number is your invoice number for all bids,credits,tokens.

We will process the refund due to the Registered User as soon as possible and, in any case, within 30 calendar days of the day on which the Registered User gives us notice of cancellation. Refunds will be made at full value of initial purchase and we will refund the Registered User via the method the Registered User used to pay. 

You must contact our Customer Services telephone line or e-mail us at support@321bid.co.uk if you wish to notify us of cancellation.

We may also provide you with a refund in the following circumstances:

1. where there has been a technical error and the auction cannot be resumed;

2. where the auction has been restarted as a reasonable response to an unforeseeable event;

3. where we close Our Site and an auction cannot be finished for whatever reason;

4. where an auction cannot be finished for any other reason; and/or

5. any other reason in our sole discretion, where we are at fault and/or we feel a refund would be an appropriate and fair response to a given event.

6. where a product/auction has become out of stock.

b) 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.

Payment Options Credit Packages must be paid for using one of the specified Payment Options. All Credit Package prices are displayed inclusive of VAT.

c) Contract for the Purchase of a Credit Package

A contract for the supply of the Credit Package comes into being when the Registered User:

  1. indicates the Credit Package he wishes to buy,
  2. agrees to pay by one of the specified Payment Options, and
  3. confirms his decision to proceed.

After which, the following steps occur:

  1. a contract is created between the Registered User and 321bid.co.uk in respect of the supply of that Credit Package
  2. 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 are provided as a service allowing you to bid on Auctions. The contracts in respect of them cannot be cancelled under the Distance Selling Regulations 2000 unless no Credits in respect of that service have been spent. By spending any Credits from a bought Credit Package, a Registered User waives his right to cancel the respective purchase.


ii) Promotional Bids

We may offer “free” bid promotions, including “BOGOF” and “refer-a-friend” offers. Any “free” bids are only valid for the time stated in the promotion and will be automatically used before any paid-for credits. Please refer to the promotional material for expiry limits on promotional bids.  Upon expiration of the permitted time period, the “free” bids will expire and can no longer be placed.  If you win an auction with a “free” bid you will be required to pay the Total Price for the Product.

5. How our Automatic Bidding Tool Works

We use an automatic bidding tool which on receiving an instruction from a Registered User, will place bids without further action by the Registered User. This tool allows a Registered User to place instructions to commence bidding within certain parameters, for example to place a bid when a specific target price is reached or to bid a given number of times. The tool is intended to be used as an alternative to manual bidding.

The tool will automatically stop placing bids for a Registered User if: 

a. the account runs out of credits; and/or 

b. the tool is placing automatic bids on several auctions, and the Registered User is the Last Bidder on one of those auctions, which prevents you from placing bids on other auctions.

Full instructions on our automatic bidding tool is available on Our Site and accessible here.

6. How a Contract to purchase Products is Formed between a Registered User and Us

i) Auction Products and Promotional “free-to-bid” offers - Obligation to Pay on placing the Last Bid 

Placing bids on Products constitutes a Registered User’s willingness to enter into a binding contract with us. A bid submitted by a Registered User, whether by using our automatic bidding tool or manual bid, constitutes an offer to purchase the Product and a binding contract is created with the Last Bidder for a Product when the Auction Finishes. By placing the Last Bid, the Last Bidder will be under an obligation to pay to us the Total Price within 4 days of the Auction Finish. The title to the Product shall pass to the Last Bidder on full payment of the Total Price.

Failure to make payment to us within this time frame will result in a breach of the contract to buy the Product. The Last Bidder’s right to pay for and receive delivery of the Product will be permanently revoked and we reserve all our rights to take action to recover any loss that follows that breach, including the right to resell or otherwise dispose of part or all of the Products.

We reserve the right to retain the Product purchased at auction until the Total Price has been paid for in full.

7. Delivery

The Product will be sent to the address provided by the Registered User. The Registered User’s order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

We aim to have Products delivered within 30 days from the Auction Finish or from the day of the Order (in both cases, providing you have made full payment).  If your Product has not arrived within 30 days of either placing your Order or the Auction Finish please contact us at support@321bid.co.uk.

Delivery will be completed when we tender delivery of the Products to the Registered User’s address stored on our system at the date of dispatch. The Products will be the Registered User’s responsibility from delivery.

If no one is available at the Registered User’s address to take delivery, our courier will leave further instructions.

The Registered User must take delivery of the Products within 10 working days of a second attempt to deliver them. We reserve the right to resell or otherwise dispose of part or all of the Products not delivered.

8. 
Product Returns, Cancellations and Faulty Products

i) Auctioned Products

A contract for the purchase of goods is one by auction sale and is exempt from the Consumer Protection (Distance Selling) Regulations 2000 (“DSRs”). We therefore do not offer a right to cancel for Products purchased via Our Site by auction.

To cancel a contract, please contact us at support@321bid.co.uk. You may wish to keep a copy of your cancellation notification for your own records.

Please note this cancellation right does not apply in the case of: 

a. any made-to-measure or custom-made Products;

b. newspapers, periodicals or magazines;

c. perishable goods, such as food, drink or fresh flowers;

d. software, DVDs or CDs which have a security seal which you have opened or unsealed.

Advice about your legal right to cancel a contract is available from your local Citizens' Advice Bureau or Trading Standards office.

iii) Faulty Products and Damaged Products

In the event that you receive a Product that is faulty or damaged in transit, we may arrange for a replacement Product to be delivered to you. You must notify us of any damage within [two days of delivery] and ensure that the original faulty or damaged Product is returned to us within 30 days of receiving the Product and returned with its original packaging. If you have a faulty or damaged Product please contact our Customer Services telephone line or e-mail us at support@321bid.co.uk.

Please note we will not replace Products in respect of:

- fair wear and tear;
- misuse or accidental damage; or
- if you decide you no longer want the Product beyond any applicable right to cancel period.

9. Special Promotions

Any special promotions run by us will only be valid if they are announced on Our Site or in any other marketing material sent by us to you, and are non-transferable. Promotions can include one-for-one offers, promotions which give prizes and promotions that give a percentage (%) of extra credits upon purchase of a particular credit package. Certain promotions will only be valid for a limited time, details of any such time restrictions will be announced on Our Site or in any other marketing material issued by us to you. Where promotions are Product specific, the promotion ends at the Auction Finish.

10. Data Protection

A Registered User may be contacted for additional promotional opportunities. We will not share your information for marketing purposes or publish for example, a photograph of a Last Bidder, unless you have given us permission to do so.

You may opt out of marketing contact and promotional material containing your personal information at any time by contacting our Customer Services e-mailing us at support@321bid.co.uk. For more information explaining how we use your information please see our privacy policy.

11. Suspension

We reserve the right to suspend, temporarily or permanently disable a Registered User’s account at any time, at our sole discretion.  Suspension will occur where in our reasonable opinion the Registered User has violated laws, breached these Terms and/or breached the rights of third parties. Suspension may also occur if we suspect there is illegal activity in relation to an account, in such cases we reserve the right to suspend the account without providing a Registered User with an explanation until authorised by law enforcement authorities to do so. 

A Registered User may also be suspended from Our Site to protect the rights of other users or where such action would prevent the unauthorised use or manipulation of the account.  Examples of unauthorised use are, but are not limited to, non-payments of bids, non-payment of Product(s) won in auction, collusion, use of unauthorised third party bidding software, set-up of multiple user accounts by the same individual.

Collusion includes, but is not limited to, two or more Registered Users working together as a team to the detriment of other bidders. We reserve the right, in our sole discretion, to suspend Registered Users if we suspect they are working in a team. Any form of collusion on Our Site is strictly forbidden.

If a Registered user is suspended, we reserve the right to withhold delivery of Products or crediting an account (where applicable). In the event of a suspension, the account(s) will be frozen until such time is reasonable. In these circumstances, we reserve the right to deactivate your Registered User account and to have any paid-for credits voided. No frozen funds or bids will be returned or transferred into other accounts and a Registered User may be prevented from re-registering with Our Site.

12. Our Liability 

i) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by the Registered User and us at the time the Registered User agreed to these Terms.

ii) We only supply the Products for domestic and private use. The Registered User agrees not to use the Product for any commercial, business or re-sale purposes. We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these for any loss of profit, loss of business, business interruption, or loss of business opportunity.

iii) A Registered User acknowledges that to provide some Services, including our automatic bidding tool service and to deliver your Product to a Registered User we will use third party services and Products. A Registered User acknowledges and agree that if at any time and for any reason we are not able to use the third party services and/or Products (e.g., without limitation, because the third party services and/or Products are withdrawn from our use by such third party) or for any other reason beyond our reasonable control we may suspend the provision of such services, or at our option, terminate this agreement with immediate effect by sending notice of such termination to the email address you provide. A Registered User acknowledges and agrees that we shall have no liability to a Registered User in respect of a suspension or termination of such services in accordance with this paragraph 12.

iv) A Registered User agrees that our total liability to a Registered User in contract, tort (including negligence and breach of statutory duty), misrepresentation, and/or otherwise howsoever arising under or in connection with these Terms and/or the supply of Products shall be limited to the amount the Registered User has actually paid us in relation to a particular Product.

v) Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

vi) Nothing in these Terms shall operate to limit or exclude liability for:

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979

(description, satisfactory quality, fitness for purpose and samples); and

e) defective Products under the Consumer Protection Act 1987.


13. Failure of our Automatic Bidding Tool 

Subject to paragraph 12 vi) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control including but not limited to: 

a. a Registered User’s failure to understand the use of the tool; 

b. a Registered User mistaking the bidding process for the amount of credits deducted;  

c. a Registered User setting a target price lower than the current bid price; and/or

d. any delays arising from the tool contacting or notifying you.

14. Temporary Halted Auctions - Site Attacks and System Error 

A system error will be deemed to have occurred if no bids can be submitted for Products or if no credits can be accepted due to an unforeseeable disruption in our operating system.  When a system error occurs, auctions will be halted temporarily until such time as the disruption is resolved.

The time on the auction countdown timer, the current bidding price and the current highest bidder will be maintained. The auction will continue once the error has been resolved. Temporary halted auctions will be clearly indicated on Our Site. Bids placed on temporarily halted auctions will not be credited back to the Registered User’s account or refunded unless we are at fault and/or we feel a refund would be an appropriate and fair response to a given event. If a site attack occurs, any auctions which are counting down are immediately paused until the issue is rectified. We may lengthen or shorten our countdown timers as appropriate.

Whilst we cannot guarantee that a Registered User will have continuous, uninterrupted access to Our Site we will use all reasonable endeavours to fulfil our obligations. A Registered User agrees that our total liability to a Registered User in contract, tort (including negligence and breach of statutory duty), misrepresentation, and/or otherwise howsoever arising under or in connection with these Terms and/or the supply of Products and/or services shall be limited to the amount the Registered User has actually paid us in relation to a particular Product or service.

15. Trade Marks

All trade marks appearing on 321bid.co.uk are the property of their registered and/or their respective owners.

16. Our Right to Vary these Terms

We may revise these Terms from time to time in the following circumstances: 

a. changes in how we accept payment from you; 

b. changes in relevant laws and regulatory requirements; and/or

c. changes in the way we conduct our business

Every time you purchase credit packages, order Products and/or bid on any of our Products, the Terms in force at that time will apply to the contract between you and us. Your continued use of Our Site constitutes agreement with and acceptance of any such amendment or other changes to these Terms.

17. Other Important Terms

Your use of Our Site and/or its content creates no partnership, client, fiduciary or other professional relationship. 

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are governed by the laws of England. A contract for the purchase of Products through Our Site and/or any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.

All information & prices correct at time of publish

 

Last updated 22/08/2016