1. General and Scope
The following General Terms & Conditions shall apply to the business relationship between Biddybiddy, its internet platform www.biddybiddy.co.uk (‘BiddyBiddy’) and our users. By using BiddyBiddy, users accept the following General Terms & Conditions, as well as the manner in which BiddyBiddy operates as described on the website www.biddybiddy.co.uk. Variations or alterations in the following Terms & Conditions shall only be binding upon BiddybBiddy if agreed to in writing. Any special promotions run by BiddyBiddy shall only be valid if they are announced on BiddyBiddy’s website or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Any bidding advice or other written materials posted on BiddyBiddy are provided solely as suggestions and are not intended to be relied upon. BiddyBiddy 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.
2. Eligibility / Participation / Disqualification
- You may NOT use BiddyBiddy if you are under the age of 18 AND/OR you not able to form legally binding contracts AND/OR your BiddyBiddy membership has been suspended.
- Employees and relatives of employees of BiddyBiddy are not eligible to participate in BiddyBiddy auctions under any circumstances.
- This website and its services are only available to the residents of the UNITED KINGDOM. Any use by no UK users will be immediated canceled and services revoked.
- Users of BiddyBiddy are required to register online to take part in BiddyBiddy auctions.
- BiddyBiddy’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers.
- BiddyBiddy reserves the right to exclude commercial resellers from the participation in the auctions and to close their user accounts at any time.
- Users may only register once, using their residential postal address. Non-residential and Post Office box addresses may not be used for user registration purposes.
- During the registration process, the user must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. BiddyBiddy reserves the right to change or delete a user name if it finds the user violating BiddyBiddy's Terms & Conditions. The associated password is to be kept secret by the user.
- The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of BiddyBiddy, shall result in the disqualification of the user and may lead to the reporting 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.
- BiddyBiddy has the right to verify the identity of each individual user. In the event of BiddyBiddy being unable to verify or authenticate user identity using reasonable endeavours, BiddyBiddy may ask users to provide photo ID, proof of address and other documentation as BiddyBiddy requires. Should such proof not be provided, BiddyBiddy has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.
- BiddyBiddy reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified when, in the reasonable opinion of BiddyBiddy, a member has violated the laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorised manipulation or use of BiddyBiddy. Examples of such unauthorised usage include (but are not limited to) non-payment of bids, use of unauthorised third-party bidding software or set up of multiple user accounts by the same individual.
- In case of a breach of these terms by a user, BiddyBiddy reserves the right to withhold deliveries or refunds for bids. BiddyBiddy also reserves the right to make a reasonable administration charge deductible for unused bids at its discretion. Furthermore, BiddyBiddy reserves the right in its absolute discretion to restrict the number of sales in which a user may participate or may win.
- Each user will be restricted to a maximum of three wins per day and a maximum of ten wins per month. Users should ensure that they do not exceed the maximum allowed wins as their account will be temporarily disabled when these maximums are reached and any bids spent will be unrecoverable. For instance, if the user has won nine auctions within one month and is subsequently bidding on two further auctions in the same month, should the user win one of those auctions the user's account will be disabled and any spent bids on the other auction will be unrecoverable.
- The user will not hold BiddyBiddy responsible for any loss you may incur as a result of BiddyBiddy taking any of the actions outlined above.
3. Bid Purchasing and Payment
Bidding rights, so-called ‘bids’, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called ‘Bid Packs’) at the currently applicable prices, which can be viewed under ‘Buy Bids’ on www.biddybiddy.co.uk.
Bidding on BiddyBiddy.co.uk is currently only open to residents of the UK. Payment can be made by credit/debit card or via payment agents such as Nochex. All bids must be paid for in advance. The purchasing process requires users to verify that the Bid Pack they are purchasing is the right one. This is done to ensure that the choice being made is intended. Purchased Bid Packs are non-refundable so BiddyBiddy encourages users to buy only as many bids as they are willing to spend on the bidding process.
When the bids are purchased and deposited into the user’s BiddyBiddy account, a contract for the purchase of the bids is created.
Should a bid payment not be honoured by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by BiddyBiddy. BiddyBiddy reserves the right to block access to the user account until payment of the invoice amount and any fees due to returned payment etc is made in full, and to withhold any outstanding deliveries until we have received payment in full. BiddyBiddy also reserves the right to temporarily block access to any unverified user accounts that appear to be abusing the spirit of BiddyBiddy by purchasing large volumes of bids until identification has been verified.
All bids purchased on BiddyBiddy have a time limit – bids expire in 180 days (six months) from the date of purchase or from the date when the bid has been credited to the user’s BiddyBiddy user account. Upon expiration of the stated time limit, the bids expire and can no longer be used. There will be no refund in this case. The same applies for discount codes which are issued with a time limit. Please check the Terms & Conditions of each discount code for details.
Bidding can ONLY occur online – individual bids can be submitted through the bidding functionality. Once a bid has been submitted, it is deducted from theuser’s account and cannot be retracted. Users are prohibited from using any bidding software that is not authorised by BiddyBiddy, and doing so will result in immediate disqualification without refund from BiddyBiddy’s sites and services
5. The Auction Process
With each bid submitted the price of the item upon which the user is bidding increases incrementally as per the Terms & Conditions of that particular item's auction. A bid submitted by a user constitutes an offer from that user to BiddyBiddy to conclude a contract to purchase the item. A 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.
Each new bid resets the 'remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually 10, 15 or 30 seconds). The auction time for each of the auctions is shown on the screen. BiddyBiddy reserves the right to change the auction times at any time. BiddyBiddy can add or remove products from the BiddyBiddy.co.uk website at anytime without notice, including auctions which are already in progress
The auction ends when the auction time has expired. 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 by BiddyBiddy’s database. In the event of any dispute occurring, BiddyBiddy’s decision on who the last bidder is shall be final.
In order to keep the auctions interesting for all users, BiddyBiddy will restrict the amount of auctions a user can win, as mentioned in section 2.
We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the Biddybiddy.co.uk auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem. Alternatively, BiddyBiddy has the right to restart all auctions from the beginning, once the technical problem has been rectified.
Should BiddyBiddy suspect that an unlawful action(s) or action(s) against its Terms & Conditions brought the service down, it has the right to investigate the matter and take legal action against perpetrators.
6. Reserve Prices
Unless otherwise stated, all auctions will have a reserve price. If the auction price has not been met or exceeded, the auction will be deemed not to have been won. The participating bidders will be entitled to have any purchased bids returned to the bidders user account.
Alternatively, the winning bidder may have the option to purchase the item in the auction for an additional charge decided upon by BiddyBiddy. Any offer made will be open to the bidder for 48 hours after which the offer will be withdrawn and all purchased bids returned to the bidders user account.
7. Acceptance and Payment of Won Auctions
After an auction has ended, the last bidder (‘winner’) must go to ‘My BiddyBiddy’. Here the ‘winner’ will have access to all of the important sale information such as the sale price, VAT and shipping and handling costs (‘total price’), and payment options. The winning user must actively confirm the win by following the steps indicated under My BiddyBiddy. As soon as the winner has clicked on the ‘Pay Now’ button and paid for the product at the ‘total price’, the win is accepted.
If an auction win has not been confirmed and paid within 21 days of the auction end date, the option to purchase the product expires. BiddyBiddy will withdraw the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable.
To clarify, the user must pay the ‘total’ price no later than 21 days after the auction has ended. After this deadline has passed, BiddyBiddy can 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. The winner has no entitlement to a refund of bids. After confirming the win and paying the ‘total price’, the winner will receive a confirmation email.
The item will not be sent to the user until the ‘total price’ of the item and any outstanding bid payments due have been paid to BiddyBiddy. In such a case, 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. A right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price has been paid for in full. BiddyBiddy reserves the right to charge the winner reasonable storage charges for items won through BiddyBiddy auction but not yet paid for.
8. Returns and Cancellations
BiddyBiddy 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 they have paid in relation to the contract even if the goods are not defective in any way. These cancellation rights end 14 days after the day on which a winner received the goods. An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund, unless the item is faulty or not as described.
If a user wishes to cancel the contract, they must inform BiddyBiddy in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact details must be used: Email: email@example.com
In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be met by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us (the amount refundable will be reduced proportionally), as applicable.
Should BiddyBiddy incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment made by the customer. Sets/boxes can only be returned in their entirety.
Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the user. Deliveries are made solely within the UK, excluding Northern Ireland, the Channel Islands, the Shetland Islands, the Hebrides and the Orkney Islands.
As BiddyBiddy works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. Obvious damage to the item or packaging during transit should be reported to the carrier by the winning user upon taking delivery.
In the event that BiddyBiddy’s delivery partners are not able to deliver the item within a reasonable time, BiddyBiddy shall be entitled to offer the winning user a substitute item with comparable or better features, or to set aside the contract through rescission and offer a refund of any payments received for the auction item. This does not affect the user’s statutory rights.
10. Offsetting / Withholding Payment / Retention of Title
The user shall only have the right to reduce any sums that they may owe to BiddyBiddy if he or she has a claim against BiddyBiddy that BiddyBiddy does not dispute.
The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
11. Damages / Reimbursement of Expenses / Limits on Liability
Claims for damages by the user against BiddyBiddy, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited. In particular, BiddyBiddy shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the Internet Service Provider (ISP). Should such an event occur the bidder shall have no legal rights over the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of BiddyBiddy, its legal representatives, or parties assisting it in performance. This shall also not apply if BiddyBiddy expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed. Insofar as BiddyBiddy is insured for its liability for any damage, BiddyBiddy can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.
Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
Liability for damage arising from loss of life and limb, health, or well-being, as well as that according to product liability shall not be affected. These Terms & Conditions shall not affect a user’s statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on the part of BiddyBiddy.
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.
The item descriptions on Biddybiddy.co.uk are provided according to the best of BiddyBiddy’s knowledge and belief and do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on Biddybiddy.co.uk may differ from those actually supplied.
In the event that the user is sent a replacement product for an item already delivered, the user shall be obligated to return to BiddyBiddy the item already delivered within 30 days at BiddyBiddy’s expense. BiddyBiddy reserves the right to assert damages under the conditions set down by law.
The user has the right to return a faulty item within a reasonable period of time. The user must keep all the manufacturer’s warranty information that accompanies the item as this may be needed should there be a fault. In the unlikely event that you have a faulty item, the user may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem. If the user chooses to return the item to us, the user is asked to send an email to our Returns Support Centre (within 30 days of receipt) firstname.lastname@example.org.
Where BiddyBiddy has sent the user an incorrect item, the user is asked to send an email to email@example.com. A BiddyBiddy representative will then contact the user with instructions on how to return the item. If the instructions provided by BiddyBiddy are followed there will be no charge for the return. BiddyBiddy will send the user the replacement as soon as the original item is received by BiddyBiddy. The user must return the original item to BiddyBiddy within 30 days of receipt of BiddyBiddy's email confirming the issue of the replacement item. In case of delays, BiddyBiddy reserves the right to cancel the issue of replacement.
The contract between BiddyBiddy and its users is binding on the parties and on their respective successors and assigns. Users may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms & Conditions or any of their rights or obligations without BiddyBiddy’s prior written consent.
BiddyBiddy has the right to revise and amend these General Terms & Conditions from time to time in its absolute discretion but for reasons including (but not limited to) changes in market conditions affecting BiddyBiddy’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in BiddyBiddy’s system capabilities. All users will be subject to the Policies and Terms & Conditions in force at the time that they have successfully bid for items listed on the BiddyBiddy website, unless any change to such Policies and Terms & Conditions is required to be made by law or governmental authority or BiddyBiddy notifies its users of the changes to such Policies and Terms & Conditions before BiddyBiddy sends information relating to dispatch (in which case BiddyBiddy has the right to assume that all successful winners have accepted the changes to the Policies and Terms & Conditions unless notified to the contrary with 7 working days by the user of the items).
BiddyBiddy is the owner or licensee of all intellectual property rights on the BiddyBiddy 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 BiddyBiddy website for commercial purposes.
NOTE: We would like to advise all users to monitor their bidding practices. Buying bids online at www.biddybiddy.co.uk frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their telephone charges regularly. It is also possible to have premium rate numbers blocked by certain network operators – please contact yours for more information.