Introduction

These terms and conditions apply to the services available from the domain and sub-domains of www.bidyell.com (“the site”). If you are a resident of the UK, or another nation which is a member of the EU, or United States of America or United Arab Emirates by using the Bidyell website you are agreeing to the following terms and conditions with BIDYELL LTD.

Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a member of Bidyell, you must read and accept all of the terms and conditions of this User Agreement. It is strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Bidyell.

Any promotions run by Bidyell shall only be valid if they are announced on the site. Promotions will only be valid for their specified time limit, and details of any such timings will be declared on the website. Once the advertised time limit of any such promotion has been reached, the promotion is invalid.

Any bidding advice or other written materials posted on Bidyell are only provided as suggestions and reliance on the said information is not intended. Bidyell is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.

Participation and Disqualification

By placing a bid on Bidyell, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old.

Employees and relatives of employees of Bidyell are not eligible to participate in Bidyell auctions under any circumstances.

Each user may register only once, using their residential postal address. Post office box addresses may not be used by users for the purposes of registration. During the registration process, the User must choose a user name. The user name chosen must not be deemed offensive by the reasonable person or infringe upon the rights of third parties. If Bidyell receives information of a username which is illegal or in breach of these Terms, Bidyell reserves the right to change or delete a user name without prior notice.

The password which is used for the user account is to be kept secret by the User. Any abuse of the user account, which is detrimental to Bidyell or a third party , shall result in the disqualification of the user. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

Bidyell reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified when in the reasonable opinion of Bidyell, a member has violated these terms and conditions or the rights of third parties. User disqualification will occur to protect other users and also Bidyell itself. An indicative but not exhaustive list of abuse of usage are;
– set up of multiple user accounts by the same individual.
– use of unauthorised third-party bidding software
– non-payment of bids

Bidyell has the right to disqualify a user and/or his winnings if Bidyell deems that a particular user or users have unfairly won an auction. Bidyell shall neither be liable to return any bids, purchased or non-purchased, nor is Bidyell liable to reimburse any monies that have been used to purchase bids or products. This is to protect the right of its users and Bidyell itself.

Purchasing of Bids and Payments

Bidding rights, (“bids”), have to be purchased by Users before bidding online. Only registered Users can make bids, which are purchasable in packages (“Bid Packs”) at the currently applicable prices, which can be viewed under “Buy Bids” on www.bidyell.com.

Bidding on www.bidyell.com is open to residents of f the UK, or another nation which is a member of the EU, or the United States of America or the United Arab Emirates.

Purchased Bid Packs are non-refundable and hence Users should ensure that they only buy as many bids as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via a payment agent (e.g. Paypal).

Bids that have been paid for to Bidyell.com do not have an expiry date, however, “free bids” will expire after 60 days.

Bidding and the use of Autobid

Users can bid in three ways. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by the autobid function or finally (only relevant in the so-called “knockout auctions”) by typing in the required amount of bids. Once a bid (or bids) is (are) placed, it is deducted from the user’s bid account

The Autobid function allows bidders to participate if they are not online at the time of the auction or if they would prefer to use the automated service rather than bidding themselves. Only registered users my use the Autobid function . Autobid automatically submits bids according to the specifications set in advance by the user. The user can read about how Autobid works in the “Help & FAQ” section. The user is prohibited from using bidding software not authorised by Bidyell, and doing so will result in immediate disqualification from use.

How the Auctions Work

“Penny Auctions”

Every time a bid is submitted the price of the item on which the User is bidding increases by 1pence.

The submission of a bid by a User constitutes an offer from that User to Bidyell to conclude a contract to purchase the item. The contract to purchase the item is not completed until the auction is finished and the last/winning bidder has followed all the steps provided to complete the sale.

After every bid, the auction will increase in time by less then 20 seconds per bid.

The auction ends when the auction timer reaches 0. The User who is the last to bid wins the product. All other bids on the item expire and will not be refunded.

In the event of a dispute, the last bidder is determined by Bidyell’s database. Bidyell's decision about the valid winner is final.

Speed Auction

The auction will begin when the specified number of participants have registered for the auction, this will usually incur a specified entry fee.

Once the auction begins Users may bid.

Every time a bid is submitted the price of the item on which the User is bidding increases by 1pence.

The submission of a bid by a User constitutes an offer from that User to Bidyell to conclude a contract to purchase the item. The contract to purchase the item is not completed until the auction is finished and the last/winning bidder has followed all the steps provided to complete the sale.

The auction ends when the timer reaches 0, these auctions will last for a specified time from beginning to end (usually 2,3 or 4 hours) and no longer.

The User who makes the most bids will be the person who wins the auction. All other bids on the item expire and will not be refunded.

In the event of a dispute, the winning bidder is determined by Bidyell’s database. Bidyell's decision about the valid winner is final.

Knockout Auction

The auction will begin when the specified number of participants have registered for the auction, this will usually incur a specified entry fee.

Once the auction begins Users may bid. The submission of a bid by a User constitutes an offer from that User to Bidyell to conclude a contract to enter the next round. The contract to enter the next round is not completed until the end of the round.

The User will have to outbid one other user at a time. The user must specify their bid in a given time frame. For example in a hypothetical round if User A bids £2 and User B bids £3 then User B advances to the next round after the said amount is deducted from User B's account.

The User who is not outbid in the whole auction is the winner and has won the auction. Losing bidders will not receive refunds for bids spent throughout the course of the auction.

In the event of a dispute, the winning bidder is determined by Bidyell’s database. Bidyell's decision about the valid winner is final.

Acceptance of the Win and Payment.

After an auction has ended, the last bidder (“winner”) must go to their account. Here, information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 28 days of the auction end date, unless there are exceptional circumstances Bidyell reserves the right to set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.

The item is not sent to the User until the total price of the item and any outstanding bid payments due have been paid to Bidyell. In these circumstances, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. Bidyell reserves a right of retention with regard to the item purchased at auction until all bids and the total price has been paid for in full.

Returns and Cancellations

Bidyell grants winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price and bids they have used in relation to the contract even if the goods are not defective in any way. These cancellation rights end fourteen days after the day on which a winner received the goods

An exception to the right to cancel is audio or video equipment or computer software that the customer has unsealed. These items are not eligible for return or refund, unless the item is faulty or not conforming to it's description.

To meet the cancellation requirements, it is sufficient to send the cancellation notice and return the item in a timely manner. Notice of cancellation must be given by email to customerservice@bidyell.com. For a valid cancellation or return to be applicable, a user must return the received product or products in a condition where Bidyell may sell the product(s) again, Bidyell will reasonably decide whether the product is fit for sale. Costs of postage for returns will be met by the user (unless goods are found to be faulty).If the product is not returned in good condition then the right of cancellation is revoked.

Delivery

Delivery will be made directly from our suppliers.

Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. Bidyell shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Bidyell upon taking delivery.

If Bidyell is unable to deliver the item ordered, Bidyell shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund if this is the
user’s preference.

Damages and Limiting Liability

Bidyell's total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to these General Terms and Conditions shall be limited to £20,000.

Bidyell shall not be liable to the user for:

• any indirect, special or consequential loss or damage; or
• loss of data or other equipment or property; or
• economic loss or damage; or
• incurring of liability for loss or damage of any nature whatsoever suffered by third parties
        (including in each case incidental and punitive damages); or
• any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or
        damage to goodwill,
  

even if Bidyell is advised in advance of the possibility of any such losses or damages.

In particular, Bidyell shall not be liable for faulty operation of computers during bid placement and for incorrect or overly slow transmission of bidding data by internet provider. Should such an event occur, the bidder shall have no legal right to the purchase or receipt of an item.

Bidyell shall not be liable for any losses arising from the user’s subsequent use or misuse of the item indicated but not exhausted by the following:

• fair wear and tear;
• willful damage; and
• the user’s negligence

Offsetting, Withholding Payment and Retention of Title

The User shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by Bidyell.

The User shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

The item delivered shall remain Bidyell's property until payment in full of the total price and the bids used in the entirety of the auction. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. Bidyell shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

Guarantee

Items offered for auction are provided as fit for purpose. If goods develop a fault within six months of being sold, the goods may be returned for a refund or replacement at Bidyell's expense.

Bidyell will take all reasonable care to ensure that details, descriptions and prices of products which are featured on it's website are correct at the time when the relevant information was entered onto the system. Bidyell will make reasonable efforts to ensure the website is as up to date as possible but can offer no guarantees that the information including descriptions of products on the website is still accurate when a user visits the website and/or bids for products.

Images of products may differ from the original.

Bidyell provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, Bidyell shall not be liable for any damage whatsoever incurred by auction users from using Bidyell's services. In particular, Bidyell shall not be liable for damage that occurs due to bids submitted by auction users not being received by Bidyell or not being received promptly or not being considered, as a consequence of technical faults.

In the event of any technical problem (third party or other) affecting the Bidyell.com auction platform, the countdown timers for all live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up.

Applicable Law

All activities of Bidyell.com will be governed by by English law and exclude the application of the United Nations Convention on the Sale of Goods.

The forum of any dispute will be governed by arbitration and the forum will be England.

General

Bidyell has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Bidyell website.

Bidyell is the owner or licensee of all intellectual property rights on the Bidyell website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Bidyell website for commercial purposes.