Terms and Conditions of Bravebidders.co.uk website
By commencing to use the services provided by Bravebidders.co.uk website, its User consents and agrees to the following Terms and Conditions.
§1 Definition of terms
• auction – a method enabling the purchase of products offered on Bravebidders.co.uk;
• user – physical persons, 18 years and over who are fully entitled to actions in accordance with the law;
• user accoun t - an account opened by the user on the Bravebidders.co.uk and including, among others: information about the activity of the users of Bravebidders.co.uk, information from the staff of Bravebidders.co.uk, recently placed bids and won auctions, information about active auction limits; account status as well as time validity period of the remaining bids to use. A single user account is kept only for a single user;
• company – Advance Media Corporation, s.r.o [Ltd.] company with its seat located at 14. října 1307/2, 150 00 Prague 5, Czech Republic and with its office in 81 Oxford St, London W1D 2EU, United Kingdom, Vat ID: 289 27 559.
• bid – an activity carried out by the user while an auction is active, which raises the price of the auction as well as the duration of the auction on the basis of the defined terms and conditions as well as active on the user account only during the period as indicated and defined by the above rules and regulations enabling using the services offered by the website;
• bid pack – defines the number of bids purchased by the User in the packages offered by Bravebidders.co.uk, active on the User’s account during a period indicated in the Terms and Conditions;
• registration – opening a User account on Bravebidders.co.uk by filling out the registration form;
• item – products or rights placed on the auction by the Company;
• technical break – intended or unintended break by the Company in the operation of Bravebidders.co.uk taken for the objective of an update, change, repair or returning full operation of Bravebidders.co.uk;
• suspension of an auction – a break in the operation of the auction during a period when it is not possible to use the Bravebidders.co.uk website;
• closing of an auction – completion of the validity period of an auction, in particular due to the lack of any further bids placed by the User;
• third party – each physical person, not being the given User, including underage, completely or partially incapacitated or incompetent, as well as a legal person and an organization not being a legal person, whom the law gives legal ability to including remaining in a state of bankruptcy or liquidation;
• free services agreement – an agreement entered into by the Company and the User, after a successful completion of the registration process, from the moment of activation of the account by the User;
• Bid Packs purchase agreement – an agreement between the Company and the User after the purchase by the User of a selected bid pack from the moment the bids are transferred into the account of the User;
• transmission of ownership agreement– an agreement between the Company and the User at the moment when the User accepted the won item according to the approval procedure.
I. General terms
§2
• The owner of Bravebidders.co.uk is Advance Media Corporation, s.r.o [Ltd.] company with its seat located at nám. 14. října 1307/2, 150 00 Prague 5, Czech Republic, Vat ID: 289 27 559 and with its office in 81 Oxford St London W1D 2EU, United Kingdom.
§3
Acceptance of the above Terms and Conditions shall also signify the acceptance of the Privacy Policy.
§4
The Bravebidders.co.uk website (hereinafter called: Bravebidders.co.uk) is an Internet auction website, which enables its Users to make transactions online, through participating in auctions organized by Bravebidders.co.uk.
§5
The Company hereby declares that neither the Company’s employees nor individuals collaborating in creating the Bravebidders.co.uk website, nor the families of the employees as well as families of the collaborating partners do not take part in the Auctions.
II. Rights and obligations of the User
§6
Registration
1. The Users, in understanding of the above Terms and Conditions, are physical persons, who are 18 years and over and who are fully entitled to actions allowed by law.
2. In order to Register, the Users are to fill out the registration form providing the following information: first and last name, date of birth, billing address and shipping address, telephone number, email, login and password.
3. In order to register, the User selects a username. The Username cannot violate the rights of third parties nor contain text being illegal or in violation of the above Terms and Conditions or commonly recognized as offensive.
4. The User shall not make available his/her password to Bravebidders.co.uk account to any third parties. The User shall be held liable to third parties as well as the Company for any and all actions or omissions pertaining to the use of his/her account on Bravebidders.co.uk.
§7
The Company reserves the right to verify and check data of the Users during and after the Registration process. At the same time, the Company hereby informs that positive finalization of the Registration process may be related to a lack of any doubts regarding to the aforesaid data. The Company shall not be held liable for inconsistencies provided by the Users for the accounts on Bravebidders.co.uk with factual data.
§8
After a successful Registration the User shall receive a confirmation email to the address given by the User during the Registration. The aforesaid confirmation, shall contain a link through which the User activates his/her Account.
§9
Activation by the User the defined above confirmation shall signify entering into a Free Services Agreement between Advance Media Corporation, s.r.o. (hereinafter called: Company) and the User, the said services provided by Bravebidders.co.uk according to the above Terms and Conditions.
§10
In case of changes in the information defined in §6 of the above Terms and Conditions as well as in §7 of the Privacy Policy, the User is hereby obligated to update the aforesaid information immediately.
§11
1. The User shall be entitled to possess only one account on Bravebidders.co.uk.
2. Only one User Account can be created for each officially registered residence or correspondence address. The User shall be entitled to indicate an address, other than officially registered address, to which shipments shall be made.
3. The User shall not be allowed to sell or give away to a third Party nor to change his/her User name provided in the Registration process.
§12
1. The User shall be entitled to terminate the Free Services Agreement within a period of 14 days from the date of entering into the aforesaid.
2. The User shall be entitled to terminate the Agreement under the following conditions combined:
1. The User did not take advantage of a single service offered by Bravebidders.co.uk, from the moment of entering into the Agreement and in particular did not place a bid during an auction and,
2. The User submitted declaration of termination of the Agreement in writing (e-mail, letter).
§12a
1. The User shall be entitled to terminate the Free Services Agreement, at any time under the provision of an effective termination of the Bid Package or an effective termination of the purchase of the Bid Package of an effective ownership agreement.
2. The effective termination of:
a. free services agreement is understood to mean termination pursuant with meeting the terms and conditions as defined in §12 above;
b. purchase of Bid Pack Agreement is understood to mean termination pursuant with meeting the terms and conditions of §37, §37a herein;
c. transmission of ownership agreement is understood to mean termination pursuant with meeting the terms and conditions of §37b herein.
III. Auctions
§13
1. Bravebidders.co.uk makes it possible for its Users to take part in several types of auctions, published on the web pages of Bravebidders.co.uk.
2. There are several types of auctions. They are, among others: Regular, Fixed Price, Free, Charity, Night, 5-second, Return Bid, No AutoBidder, For the Beginners and others.
3. The User shall be entitled to participate in auctions on Bravebidders.co.uk web pages through the use of an Internet browser as well as tools submitted by the Bravebidders.co.uk website.
§14
An auction on Bravebidders.co.uk commences at a moment a given item is offered up for an auction as well as the launch of the auction clock. For the duration of an auction being inactive users cannot bid.
§15
1. A User participates in an Auction by clicking “Bid” pursuant to individual auctions described in the “Help” section of the website.
2. A single click on the “Bid” button signifies using a single Bid by the User.
§16
Duration of a given Auction is constantly visible in its description. Each Bid placed by the User extends the duration time of a given Auction.
§17
The User shall not be entitled to withdraw a bid once it has been placed.
§18
1. The right to purchase an Item has that User who places the last bid during the auction and meets the requirements defined in §23 of the a Terms and Conditions.
2. An auction shall be closed at the moment of the lapse of its minimum duration time foreseen individually for a given auction and displayed in the description of the auction appropriately extended by every bid of the Users taking part in that auction.
3. The Users who also took part in a given auction but did not win shall not be entitled to a return of the used bids.
§19
The User who bought the right to an item will be able view it after the auction is closed on “My account” page, where a reference note about waiting for transaction acceptance confirmation will be displayed.
§20
The transmission of ownership agreement between the User and the Company becomes binding at the moment the User accepts the won item pursuant to the acceptance procedure as defined above.
§21
1. In case the User shall fail to accept the won items pursuant to the acceptance procedure defined above within 7 days from the date of sending of a notification defined in §18, the transmission agreement shall be considered as not valid due to retraction from the aforesaid agreement by the User.
2. If pursuant to the circumstances described in point 1 above the transfer of ownership agreement shall not be entered into, then neither the User nor the Company shall be released from responsibility for not entering into the above Agreement.
§22
1. Bids may also be carried out through the AutoBidder program. Each registering User shall received the AutoBidder program free of charge.
2. Both the Company as well as Bravebidders.co.uk, shall not be held responsible for inappropriate usage of the above program, and also shall not be held responsible for the purpose of participating in the auction, using any and all software non-licensed by Bravebidders.co.uk.
3. The User takes advantage of the AutoBidder program in the auction process, always at his/her own risk and his/her own responsibility.
4. The Company and Bravebidders.co.uk hereby inform that using the Auto-Bidder program does not guarantee winning an auction in which the User uses the mentioned program.
§23
1. The User may take part in an unlimited number of auctions, however within 30 calendar days the given User may buy only ten items from among all won by him/her auctions.
2. Auctions successively won are understood to mean auctions listed successively one after another in the system prior to the bought and paid for auction.
3. The time period defined in point 1 is counted separately for each of the won auctions.
4. The combined number of hitherto auctions won by a given User is constantly displayed on the “My account” page available on the website.
5. A list of all auctions in which the User is taking part is constantly displayed on the “My account” page available on the website.
§24
Items, which due to the limitations defined in §23 cannot be purchased are displayed as items of the new auctions. The User, who won the rights to the given item in the previous auction, yet due the above limitation could not buy it does not maintain any rights/privileges to the given Item in a new auction.
IV. Bid Pack
§25
1. A User who purchases Bid Pack during a period of validity of the remaining , still to be used, bids shall be entitled to right to bid (hereinafter called: Bid). A successful purchase of a Bid Pack means the display of a defined number of Bids on the User’s account.
2. Together with the appearance of the purchased Bids on the User’s account, a Purchase of Bids Agreement is entered into between the User and the Company and also commences the 182 day validity period of the purchased Bid Pack.
3. After the validity period expires for each purchased Bid Pack described in point 2 above as well as in case of unused Bids of the said Bid Pack, the remaining bids from that Bid Pack shall be removed from the User’s account and the purchased Bid Package shall expire.
4. The User, on “My Bids” page can view on a current basis, summation what Bid Packages are on the account and when they were purchased as well as what the expiration date is of each of these Bid Packages.
5. A User will receive an e-mail from the Company 30 days and 3 days prior to the expiration period of each of the purchased Bid Packs, with information about expiration of Bid Packages validity dates with a list of which Bid Packs the information pertains to as well as a summary of how many bids of each of the Packs have not been used yet.
6. Bids cannot be at any time nor in any form transferred between purchased Bid Packs.
§26
A User may pay for a Bid Package by a credit card, bank transfer Payments or may also be carried out in other forms offered to its Users by Bravebidders.co.uk, and information about which it will always be disclosed on Bravebidders.co.uk website.
§27
The Company makes it possible for its Users to purchase Bid Packs of various values offered by Bravebidders.co.uk on the website.
§28
The User shall not be entitled to return the purchased Bid Packs with the reservation of a situation defined in §37, §37a and §37b.
§29
A Bid used by the User is removed from his/her account automatically.
V. Object of the Auction
§30
The Object of the Auction, in understanding of the above Terms and Conditions are products or rights (together hitherto called: Object) being auctioned by the Company.
§31
Ownership rights to Objects of Auctions belong to the Company. Transferring ownership right to the given Object shall takes place when time duration of the auction being measured by the clock will come to an end, with this reservation, that the ownership of products and rights shall not be transferred to the User if the User fails to confirm the will to finish the transaction pursuant to and on the Terms and Conditions defined in the preceding points above or if the User shall retract from the transfer of ownership rights agreement.
§32
The Company hereby declares, that the offered by it Objects are not in violation of the rights of third parties and the turnover of the Object of an Auction is, each time, in accordance with legal regulations.
VI. Complaints
§33
The User is entitled to make a complaint in case the services defined in the above Terms and Conditions and provided by the Company are in breach of the terms and governances of the above Terms and Conditions. A complaint should be submitted in writing / via e-mail sent to the contact address provided on the website’s “Contact” section.
§34
1. The Company does not grant guarantees on objects purchased by the Users during auctions.
2. Any and all claims pertaining to the guarantee are to be directed to the Producer by the User.
3. The User is hereby entitled to right to a guarantee of the purchased object pursuant to the terms foreseen in the guarantee document issued by the Producer.
The Company submits guarantee documents provided by the producer exclusively.
4. The Company shall not be held liable for guarantee documents not provided by the producer.
§35
The Company shall not be held liable for inconsistencies between the product and the Agreement in an event when the buyer knew about the said inconsistency or in judging reasonably should have known about the said inconsistency.
§36
Complaint claims shall be reviewed and answered within 14 (fourteen) days from the date of the filing thereof.
VII. Buy It Now
§37
The "Buy It Now" option is available for all of the users of bravebidders.co.uk
§38
Some auctions offer the "Buy It Now" option, where the users can purchase the product during the time stated.
§39
1. When a bidder clicks on the "Buy It Now" button, the user agrees to buy the product for the personalised purchase price. This price is based on the user's number of bids placed on that particular auction in that particular time. After buying the product with the Buy It Now option the user may participate furthermore in that particular auction. The final total purchase price (including VAT and delivery costs) must be paid in full by the user within 7 days of the Buy It Now option being exercised. If payment is not received within this time, Bravebidders is allowed to withdraw from the purchase contract.
2. Refunds will not be issued for Bids placed in an auction or delivery costs.
3. After making the payment in the amount of the final bid price including the users discount plus the cost of shipment, the product will be sent to you. We are obligated to deliver the auctioned product within 21 days.
4. The Buy It Now price can't fall below $0.00, even if the discounted sum of all bids is more than the retail price of the item.
5. Buy it Now option is not available if the auction has ended with you as the winner.
6. The user may purchase the particular item with a Buy It Now option without previously placing bids on it.
7. The auction will continue normally for all other users, even if individual users choose to Buy It Now.
8. The products offered for Buy It Now are available in sufficient amount, so there is no limit as to how many users decide to Buy It Now.
9. The "Buy It Now" option and products acquired this way are not added to the monthly auction limit.
VIII. Termination of the Agreement
§40
1. The User shall be entitled to terminate the above Bid Pack Purchase Agreement without providing a reason for the aforesaid termination within 14 days from the date of entering into the above Agreement, in case of not using any of the purchased – within the given Bid Pack – Bids.
2. Termination of the Agreement shall require submitting, within the time period specified in point 1, an appropriate declaration in writing (e-mail, letter).
§37a
1. The User hereby is entitled to terminate the Bid Pack purchase agreement of unused bids, at any time, under the condition that the User obligations owed to the Company have been settled and in particular the obligation to return the object of the auction due to retracting transmission of ownership agreement by the User.
2. Termination of the agreement requires submitting an appropriate declaration in writing (e-mail, letter).
§40b
1. The User is hereby entitled to retract from the transfer ownership agreement without providing a reason, within 14 (fourteen) days from entering into an agreement or handing over the object of the auction to the User.
2. Retraction from the agreement requires to be made in writing (e-mail, letter) as well as returning the Object within a time period defined in pt. 1 of the above paragraph.
IX. Payment
§41
1. The Company will issue an invoice to the User for purchasing the rights to the Object. The invoice shall be forwarded to the address indicated by the User during the registration process.
2. The User hereby authorizes the Company to issue and submit him/her an invoice without the signature of the User.
X. Delivery
§42
1. Deliveries of products offered on the auction by Bravebidders.co.uk are executed with the assistance of one of the collaborating with the Company courier companies.
2. Time of a delivery is 21 business days.
3. The courier companies may be found in the description of the Object of the Auction as well as in the information as defined in §18 point 1 of the above Terms and Conditions.
4. Delivery of a given product will be executed pursuant to the courier company guidelines and terms and conditions of a delivery execution.
5. The User is not hereby entitled to demand from the Company the delivery of all purchased products simultaneously.
§43
1. The Company shall not be held liable for products damaged during shipment.
2. In case of the Users finding damages to the Object at the time of delivery, the complaint will be approved only if the following actions are undertaken:
a. refuse to accept the delivery,
b. write out a protocol containing in particular a detailed description of the damage and the signatures of the recipient and the courier,
c. in case the protocol is not signed during the receipt, the addressee may demand that such a protocol to be written up within 7 days from the date of delivery.
§44
The User shall incur the shipping costs. The User shall be informed earlier about the shipping costs in the description of the individual auction on the website.
§45
Any and all disputes, which can ensue from the above Agreement or relating to entering into it and execution thereof as well as other acts constituting an integral part of this Agreement shall be handed over by the Parties hereto to be settled by a common court of law in accordance without the Civil Legal Code regulations.
XI. Liability
§46
1. The Company shall not be held liable for technical breakdown caused by occurrences beyond its control ( in particular, for power outage) or as a result of force majeur. Force Majeur is understood to mean an occurrence independent of the Company, especially: war, fire, floor, terrorist attack, earthquake, strikes, hail.
2. The Company shall not be held responsible for actions of the Users being in violation of law, the above Terms and Conditions and Privacy Policy.
3. In case of a technical breakdown specified in point 1 above an appropriate notice about suspending auctions will be posted on Bravebidders.co.uk website.
4. In cases where the User will place the bid during a technical breakdown, it shall be considered equivalent to ignoring the notice as defined in point 3 and shall result in the refusal to give back to the User bids placed during that time.
5. After repairing the technical problem but prior to renewing auctions on Podbij.pl website, a notice will be posted on the site with information of the exact time when the auctions will be reopened.
XII. Removing, blocking of the User’s Account
§47
The Company reserves the right to remove the accounts of those Users who glaringly violate any of the above Terms and Conditions.
§48
1. The Company reserves the right to block an account of a User whose actions are damaging to Bravebidders.co.uk or third parties and in particular when:
- The User, during the registration process described in §6 provided false or incomplete personal information;
- The User takes part in auctions on Bravebidders.co.uk using unauthorized software, scripts;
- The User refused to cooperate with the Company in verification defined in §7.
2. The duration of blocking the User’s account shall depend on verification by the Company of, among others, a given damage, purposefulness of the User’s actions.
XIII. Additional terms
§49
1. The above Terms and Conditions shall become valid and binding from the moment it is published on Bravebidders.co.uk website.
2. The Company reserves the right to change the above Terms and Conditions at any time, about which it shall inform the Users via e-mail. The aforesaid changes shall be valid and binding 3 days from the new version of the Terms and Conditions being published on Bravebidders.co.uk.
3. Lack of acceptance of the new Terms and Conditions by the User shall mean retraction by the User from the free services Agreement and, if the User is bound by it, also the termination of the Bid Pack Purchase Agreement.
§50
Auctions started prior to the new Terms and Conditions shall be conducted according to the hitherto Terms and Conditions.
