Buyer's Terms and Conditions
The text below is our user site agreement. These are the terms and conditions required for access to bid, buy and sell on ALLBIDS. Please read completely before proceding with your account registration.Please read these Terms and Conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have accepted, and will be bound by these Terms and Conditions, as amended and varied from time to time.We reserve the right to change these Terms and Conditions from time to time. We recommend you review these periodically to check for any changes. We may suspend or terminate your account if you are suspected or found to have engaged in fraudulent activity in connection with the site.
RegistrationYou must register your details with us to use this service (your “Account”). Registration is free and does not oblige you to purchase anything.You must not register with a username that is confusing, deceptive, inappropriate or offensive. ALLBIDS remains the sole judge of the suitability of usernames and reserves the right to alter your username, to request that your username be altered, to restrict you from bidding on the basis of your username or to take any other reasonable action in relation to your username.You must provide ALLBIDS with a correct name and accurate contact details when registering an account. Providing ALLBIDS with false or misleading information will not absolve you of any of your obligations as a bidder.
Eligibility to ParticipateIn order to use this service you must have the legal capacity to enter into contractual arrangements. This means that you are unable to use the ALLBIDS service if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts.
DepositsALLBIDS may – at its discretion – require a deposit to be placed by a buyer in order to bid, or in order to bid beyond a certain amount. Unless otherwise stated, these deposits are fully refundable to the buyer, minus any fees that you are obliged to pay ALLBIDS: including storage and other fees outlined in these Terms & Conditions. Deposits and credits to your account for bidding purposes, promotional purposes, refunds and vendor payments will expire if unused after 18 months.
Your Obligations As BidderWhen you use the Service and bid on an item during an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the Winner’s Bid Amount, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winner’s Bid Amount, plus any additional charges that you may be obliged to pay. REMEMBER: When you make a bid you are entering into a legally binding contract. Do not bid on an item unless you are able and willing to pay for it.It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site.You must not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. The photograph and description of the item are intended to serve as a guide only and must not be used to form a final opinion of the item’s suitability. ALLBIDS makes all best efforts to accurately describe all items on the site but is not responsible for any discrepancies or omissions which may exist in the description. It is ultimately your responsibility as a bidder to form your own view on the accuracy of an item’s description prior to bidding.Please make sure you understand the delivery and payment terms, including any addendum to those terms and conditions as outlined in the item’s description or in the Sale Overview. Note that a Buyer’s Premium, and other charges such as a delivery fee, will apply to most online auctions.You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, retracting the high bid, and then re-bidding at a small increment above the legitimate high bidder or employing Shill Bidding, which is, the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.
Your Obligation To PayIf you are the Winning Bidder on an online auction, you must pay the following fees within 72 hours after making the Winning Bid:
Table of Fees Payable:
The Online Auction ProcessYou may bid:
Processing and Technological ErrorsIn the event of errors in processing and/or Site downtime or any other errors or delays caused to the Site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
Products for sale on Online AuctionIn relation to the items sold in an online auction, we will endeavour to:
Warranty and IndemnityUnless specifically stated on a particular item in its description, the items bid for and purchased on this Site are sold on an 'as-is' basis without a warranty.ALLBIDS is not liable for any damages resulting from an auction, or your visit to the Site. Also, we do not guarantee secure, continuous or uninterrupted access to this Site.Under no circumstances can we, our affiliates or related entities be liable for any loss whatsoever which arises from your usage of the Site. You agree to accept sole responsibility for your usage of the Site. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.Subject to any rights you may have under the Australian Consumer Law and similar laws we do not make any promises that:
Rights as Agent and/or SellerWe may withdraw and / or re-offer an item from an online auction where the item:
Liability and IndemnitiesWe are not responsible for bids not received, processed or accepted due to technical difficulties, including those online bids placed by Proxy bid. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.We provide the Site and the Service without any warranty or condition with regard to the Site’s capacity express or implied except those warranties which are implied by law. In relation to the items which we auction at the Site, we provide those warranties implied by law.Neither we nor our suppliers ("the vendors") will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence and recklessness) arising out of or in connection with the delivery of the Service.We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.
Seller's Terms and Conditions
The Vendor grants ALLBIDS On-Line Auctions the exclusive right to sell his / her or its property at public auction. ALLBIDS On-Line Auctions will decide the auction at which the property will be auctioned. ALLBIDS On-Line Auctions may divide or combine the property into one or more separate lots. ALLBIDS On-Line Auctions will incur no liability for the postponement of any auctions for any reason. ALLBIDS On-Line Auctions is not responsible for items left with ALLBIDS On-Line Auctions that do not appear on the asset list supplied to ALLBIDS On-Line Auctions. Any items left with ALLBIDS On-Line Auctions that do not appear on an asset list are to be removed from the premises or the Vendor will be charged storage fees, deductible from future Vendor payments.
TitleOn delivery of goods, or upon listing on ALLBIDS.com.au the Vendor warrants that it has full, clear and undisputed title to all goods so listed. Items are received on the clear understanding that after presentation on https://www.ALLBIDS.com.au/ the assets will be sold at the highest offer, subject to the terms and conditions on www.ALLBIDS.com.au
PhotographyALLBIDS Auctions reserves the right to photograph any property, and these images remain the property of ALLBIDS Auctions.
InsuranceInsurance of the Goods is at the Vendors risk unless special arrangement, in writing, is made with our company
Personal InjuryALLBIDS Auctions accepts no responsibility for any injuries to any person whilst affecting deliveries of goods to or in our premises or delivery to the buyer.
Fees and ChargesAll items received by ALLBIDS Auctions will incur the charges as set in the Fees and Charges guide, unless special arrangements are made in writing with ALLBIDS Auctions.
PaymentsALLBIDS Auctions will pay the auction proceeds to the Vendor, net all commissions and costs, within 30 days from the close of all the items in the one consignment, together with a full auction report
Claims by BuyersIf, within 90 days from the auction close, the buyer of any property demonstrates to ALLBIDS Auctions satisfaction that the property purchased is not authentic or is materially different from its description, ALLBIDS Auctions may, in its sole discretion, delay payment to the Vendor (if not paid under paragraph 9), rescind the sale, and refund the full purchase price to the buyer. If the Vendor has been paid, The Vendor will remit to ALLBIDS Auctions the proceeds previously received for the rescinded sale.
Reserved Bids & WithdrawalVendor agrees that neither he or she nor his/her representative will bid on items under this agreement. If a Vendor wins their own item/s, the vendor will be liable to pay the agreed Vendors Commission, Listing fee/s and the Buyers Premium as outlined in the Users Terms & Conditions and the item/s is to be collected and removed from ALLBIDS Auctions within the designated time frame in the Users Terms and Conditions. Vendor agrees not to withdraw any property subject to this agreement unless agreed to by ALLBIDS Auctions, and the payment of all charges, costs, and the commission (both the buyer’s premium and Vendor’s fees) due if the item has been sold.
Nonpayment by PurchaserIf ALLBIDS Auctions is not paid by the purchaser within 3 Days of sale, ALLBIDS Auctions may, in its sole discretion, cancel the sale and resell the property.
No GuaranteeALLBIDS Auctions does not guarantee the selling price of any property. All estimates of the selling value are opinion only and shall not be construed as any promise of the selling price. ALLBIDS Auctions is not liable for the errors or omissions in descriptions.
Unsold PropertyProperty not sold shall be reclaimed within ten days following notification by ALLBIDS On-Line Auctions. Property remaining after 10 days will be subject to storage charges of $5.00 per day per lot. All charge must be paid before the property will be released. ALLBIDS On-Line Auctions reserve the right after an additional 20 days to resell the property unreserved.
Private SalesFor property failing to sell or meet its reserve, ALLBIDS Auctions has the exclusive rights for 30 days to sell the property privately for a price equivalent to the reserve price. Vendor’s obligations to ALLBIDS Auctions shall remain the same as if the property had been sold at auction.
Contract TermThis contract will continue in force until notice to cancel is given by either party
We collect personal information when we provide our services to you or a client requires us to collect information on their behalf. Generally, if appropriate, we will tell you why we are collecting personal information and how we plan to use it or these things will be obvious when we collect the information.We usually collect personal information such as your contact details, job title or position, your membership of professional associations or boards, your expertise and interests and where relevant, financial information and family details. If we collect sensitive information, it will usually be for the purposes of providing our services and, if the law requires us to, we will seek your consent to collect it.
Collecting your information using this websiteWe generally only collect personal information from this website when it is provided voluntarily by you – for example, when you fill in a form to subscribe to our publications.When you visit this website or download information from it, our Internet Service Provider (ISP) makes a record of your visit and records the following information:
The ALLBIDS CommunityYou are identified on ALLBIDS by your User Name, other people can see items you are bidding on, have won or purchased in the past, have sold in the past, items you are currently selling, your ratings and comments received from other users and ratings and comments you have left to other users, your posts in the forums and so on. Your email address and contact information is available to your trading partners (members you have completed a transaction with). Note: members you have completed a transaction with can request to exchange contact details with you (name, address and phone numbers).
Legal RequestsALLBIDS will disclose any information about you only when we believe release is appropriate to comply with law; enforce or apply our User Agreement; or protect intellectual property and other rights, property, or safety of ALLBIDS, our users, or others. ALLBIDS cooperates with law enforcement and government officials and other third parties and we can (and you authorise us to) disclose any information about you as we, in our sole discretion, believe appropriate to assist with investigations into fraud, intellectual property infringements, privacy or any other illegal activity or activity that may expose ALLBIDS to legal liability.
IMPORTANTThis contact information should only be used for resolving matters related to ALLBIDS. Any other use is strictly prohibited.Please report to us immediately if:
AccessYou have a right to access most personal information we hold about you. Please contact our Administration staff to ask for access to your information or if you have a complaint concerning your information privacy. We may deny your request in some circumstances, if we do this we will tell you why.
Identity VerificationWe may request your personal information as well as other personal identification to verify your identity. These personal identification may include:
If you have a complaint relating to privacyIf you believe we may have compromised your privacy or breached the Privacy Act 1988 (Cth) or its privacy principles, you can call ALLBIDS Auctions on 02 6239 2262, email email@example.com or write a letter addressed to our Internal Dispute Resolution Department, 7 Wiluna Street, Fyshwick ACT 2609.You will need to provide us with details of your complaint and any supporting evidence and/or information. You will receive an acknowledgement from us no later than seven (7) business days after receipt of your written complaint.We will refer your complaint to our Internal Dispute Resolution Department (IDR) and will appoint an IDR specialist to investigate your complaint and determine the steps (if any) that we will undertake to resolve your complaint.We will contact you if we require any additional information from you. You will be sent the final decision of our IDR specialist in writing no later than 15 business days after you contact us, if we have all the necessary information to make that decision.If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner by visiting oaic.gov.au, calling 1300 363 992 or emailing firstname.lastname@example.org
AccuracyIf you think that any information we hold about you is inaccurate please contact us at: admin@ALLBIDS.com.au or on (02) 6239-2262 and we will take reasonable steps to ensure that it is corrected.