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1. General / Scope
1.1 The following General Terms and Conditions shall apply exclusively to the business relationship between BidRapid and its internet platform www.bidrapid.com (hereinafter: "BidRapid") and our users in the version applicable on the date of use. By participating in BidRapid, the user accepts the following General Terms and Conditions, as well as the manner in which BidRapid and its "Bid Buddy" operate as described on the website www.bidrapid.com. BidRapid does not recognise any terms and conditions set by the user that differ from these unless BidRapid has agreed to their validity in writing.
2. Patents and Intellectual Property
2.1 If you believe your intellectual property or patents are being infringed by BidRapid please send an email to info@bidrapid.com
2.2 We believe our site is legal in all countries and our coding functions are completely different to similar sites of this nature. We have been advised that our site does not infringe any patents registered within any country. Equally, copyright is individual to a particular site. BidRapid is copyrighted and no copying of material is allowed UNLESS permission has been given by us in writing. We believe our site has not infringed any copyright issues of other sites.
2.3 References to auction items listed on the site maybe copyrighted and patented - These are acknowledged and owned by the relevant manufacturer.
3. Geographical Trading
3.1 We will endeavour to ensure trading is limited to countries that are deemed to be Patent free for sites of this nature.
3.2 However - due to the nature of the internet, it is not always possible to restrict access from all countries and users identities are often harder to verify.
3.3 BidRapid makes no guarantees that a user identity is correct. As a user of the site you are required to supply us with accurate contact details, delivery address and any other information as and when required.
3.4 Any user found to be falsifying recorded details will have their account immediately suspended and pending an investigation, may be excluded from the site permanently. There will be NO refund of bids or Auction Credits or other monies if an account has been suspended or excluded.
3.5 BidRapid will NOT tolerate fraud of any kind - IP addresses will be logged for payment transactions and details held on our system for a user committing fraud will be passed onto the relevant law enforcing authorities.
4. Promotions
4.1 Any special promotions presented by BidRapid shall only be valid if they are announced on BidRapid website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.
4.2 Commentary and other materials posted on the BidRapid website are not intended to amount to advice on which reliance should be placed. BidRapid disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the BidRapid website or by anyone who may be informed of any of its contents.
4.3 BidRapid operates using Pounds Sterling (GBP), international visitors are shown amounts in their own currency at the current exchange rate (updated weekly). International visitors are welcome to participate but their currency will be converted to GBP upon payment within PayPal, MoneyBookers or any other payment processor we utilise.
5. Eligibility to Participate / Registration with BidRapid / Disqualification
5.1 By placing an order through the BidRapid site the user warrants that they are legally capable of entering into binding contracts, and that they are at least eighteen (18) years of age.
5.2 Employees and relatives of employees of BidRapid are not eligible to participate.
5.3 Registration with BidRapid is required for full use of the site. Only registered users can use the full functionality of "BidRapid". BidRapid therefore recommends that all users register with "BidRapid". Each user may register only once under their postal address (only the actual residence, no post office boxes, etc.). During the registration process, the user must choose a user name. The user name may not offend common decency or infringe upon the rights of third parties. The associated password is to be kept secret by the user. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of BidRapid, shall inevitably result in the disqualification of the user and the report of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
5.4 BidRapid is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when in the reasonable opinion of BidRapid a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if BidRapid has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorised bidding software is used, or several user accounts are set up by the same user.
5.5 Furthermore, BidRapid reserves the right in its absolute discretion to restrict the number of auctions in which a user may participate or may win.
6. Bid Purchasing for Online Bidding / Payment
6.1 Bidding rights, so-called "bids", have to be purchased by users prior to online bidding. Only registered users can purchase bids. Bids are purchased in packages (so-called "Bid Bundles") at the currently applicable prices, which can be viewed in "My Account" under "Buy Bids". The bids must be paid for in advance. When the bids are purchased and deposited into the user's BidRapid account, a contract for the purchase of the bids materialises.
6.2 Payment can be made by via payment agents Paypal, MoneyBookers or other agent we use from time to time.
6.3 Should a payment not be honoured for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. BidRapid reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due to returned payment, etc., and to withhold any outstanding deliveries until payment in full.
6.4 BidRapid reserves the right to close any users account where there has been no purchase of a bid bundle within the previous 45 days. In such a circumstance, no refund of unused bids will be provided and all Auction Credits will expire immediately.
7. Bidding / Bid Buddy
7.1 For online bidding, an individual bid can be submitted, or the Bid Buddy can be used. Once a bid is submitted it is no longer valid and is deducted from the user's account accordingly.
7.2 The Bid Buddy assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more Bid Buddies. The Bid Buddy automatically submits bids according to the specifications set in advance by the user.
7.3 When setting up a Bid Buddy, users enter the price they wish the our systems to automatically start bidding for them, and a price they wish the computer to stop bidding for them. In addition, the user allocates a number of bids against the Bid Buddy.
7.4 The Bid Buddy will commence bidding once the start price is reached and will bid until the end price is reached. Each time the Bid Buddy places a bid the number of bids allocated against the Bid Buddy reduces by one bid. Bidding will continue until either the end price is reached, the allocated bids is exhausted, the auction is won by the user or the user cancels the Bid Buddy.
7.5 The Bid Buddy will place a bid at a random time between 1 and 10 seconds from the end time of the auction.
7.6 When two or more different users have Bid Buddy and the price ranges of these Bid Buddies overlap then all bids within the part of the range that overlap will be placed together.
7.7 The user is prohibited from using bidding software not authorised by BidRapid, and doing so will result in immediate disqualification from use (see clause number 5 Eligibility and the Acceptable Use Policy).
8. How the Auctions Work
8.1 With each bid submitted, the price of the item on which the user is bidding increases by GBP£0.05, and in the case of specially marked auctions, by other amounts as well. A bid submitted by the user constitutes an offer from that user to BidRapid to conclude a contract to purchase the item.
8.2 If the user resides in a country outside of the United Kingdom, prices will be displayed in pounds sterling alongside the local currency equivalent. The local currency equivalent is an approximation only and is calculated on the current exchange rate for the local currency. Exchange rates are updated at least weekly. Auctions are processed internally in pounds sterling and if any dispute or issue arises over exchange rates, the amount in pounds sterling shall take precedence.
8.3 Auction ends when no more bids are submitted within the remaining time stated. The user who is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in BidRapid database and BidRapid's decision regarding who is the last bidder shall be final.
8.4 A contract to purchase the item does not materialise until the auction is finished, the item is paid for and a 'Dispatch Confirmation' email is sent by BidRapid. The contract will be between BidRapid and the user.
8.5 BidRapid will send the user who has submitted the highest bid (auction price) as the last bidder an e-mail confirming that the are the highest bidder (the "Winning Bid Email"). This email contains details of the user's order and amount of payment required. The user's final bid represents an offer to us to purchase a product, which if accepted by us, results in a binding contract.
8.6 Once payment is made for an item we will receive confirmation from our payment processing agent (PayPal, Money Bookers or any other agent we use from time to time etc) that the item has been paid for by the user. Please note, receiving payment from our processing agent does not indicate acceptance of the contract by us.
8.7 We will then send an email to the user confirming that we have dispatched that product (the "Dispatch Confirmation E-mail"). Acceptance of the contract will only be complete at the time we send the Dispatch Confirmation E-mail to the user.
8.8 If in the event we do not accept a user's offer to purchase a product, BidRapid will immediately send the user a refund and credit your account for all bids used by you on that auction.
8.9 The user must pay the total price (auction price plus shipping costs) no later than 7 days after the notification of the win is sent. After this deadline has passed, BidRapid can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked. There is likewise no entitlement to replacement of the bids used on the item or the monies spent on them.
8.10 BidRapid grants to the user ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the consumer but this does not affect the consumer's other rights.
9. Delivery
9.1 Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier's warehouse or from our warehouse to the address provided by the user. Deliveries are made worldwide. Statements regarding delivery deadline are not binding insofar as the delivery date has not been committed to as an exception. BidRapid 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 the supplier upon taking delivery.
9.2 Should BidRapid not be able to deliver the item ordered, and this is not the fault of BidRapid due to the fact that the supplier has not satisfied its contractual obligations to BidRapid or does not do so in a timely manner, BidRapid shall be entitled to declare rescission to the user or to substitute the item with a comparable replacement product with the same or better features. The user's rights under the law shall not be affected hereby.
10. Offsetting / Withholding Payment / Retention of Title
10.1 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 BidRapid.
10.2 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.
10.3 The item delivered shall remain BidRapid's property until payment in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it. BidRapid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
11. Damages / Reimbursement of Expenses / Limits on Liability
11.1 Claims for damages by the user against BidRapid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
11.2 In particular, BidRapid shall not be liable for faulty operation of the users computer during bid submission and for incorrect or overly slow transmission of bidding data by the internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item.
11.3 This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of BidRapid, its legal representatives, or parties assisting it in performance. This shall also not apply if the guarantee for an item's features was expressly provided by BidRapid in writing or a defect was fraudulently concealed.
11.4 Insofar as BidRapid is insured for its liability for any damage, BidRapid can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.
11.5 Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
11.6 All attempts will be made to ensure the site is functional - But at times we may be testing due to relocation or upgrading - If this is the case, then all bids are null and void and any money collected will be refunded
12. Guarantee
12.1 The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them but subject as provided below all other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
12.2 BidRapid reserves the right to assert damages under the conditions set down by law.
13. System Outage / Temporarily Halted Auctions
13.1 A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such case, the remaining times for the auctions and the established amounts of bids and the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
13.2 With the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the Internet as a medium (hereinafter referred to in brief collectively as "technical faults"). BidRapid therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 13, BidRapid shall not be liable for any damage whatsoever incurred by auction users or third parties from using BidRapid's services. In particular, BidRapid shall not be liable for damage that occurs due to bids submitted by auction users not being received by BidRapid at all, bids not being received promptly, bids not being considered as a consequence of technical faults. For the avoidance of doubt, no refunds or other recompense shall be provided to users if they are unable to bid in auctions due to problems with their own computer systems, their internet connection or the internet infrastructure between their internet service provider and our servers.
14. Applicable Law / Severability Clause
14.1 United Kingdom law shall apply and shall exclude application of the UN Convention on the International Sale of Goods. To the extent legally permitted, the place of jurisdiction is United Kingdom.
15. Protection of Data
15.1 The protection of your data is very important to us. For more information on the collection, processing, and use of (personal) data, please read our Data Protection Statement.
16. External Links
16.1 Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the BidRapid website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
17. General
17.1 The contract between BidRapid and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without BidRapid's prior written consent.
17.2 BidRapid has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting BidRapid's business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in BidRapid's system's capabilities. 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 BidRapid website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or BidRapid notifies its users of the changes to such policies or General Terms and Conditions before BidRapid sends information relating to dispatch (in which case BidRapid has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
17.3 BidRapid is the owner or licensee of all intellectual property rights on the BidRapid 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 off 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 of 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 BidRapid website for commercial purposes.
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Note Responsible Bidding
Online purchasing activities are becoming increasingly popular as they become recognised as a fun and exciting way of purchasing. It is our intention that BidRapid is used in this way and we take our responsibility towards helping our customers to have a positive experience very seriously.
At BidRapid we understand that there is risk, albeit very remote, that taking part in one of the offered auctions can lead to personal and social distress if, for example, excessive time being spent on the site, and reducing time left to be spent with family and friends. In this regard, BidRapid assumes its responsibility to provide relevant information to ensure that the offered auctions contribute to the customer's experience in a positive way.
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