ALLBIDS Blog

Buyer's Terms and Conditions

Sunday, 01 January 2017 | Hariestu W

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.

Registration

You 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 Participate

In 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.

Deposits

ALLBIDS 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 Bidder

When 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 Pay

If you are the Winning Bidder on an online auction, you must pay the following fees within 72 hours after making the Winning Bid:

• The Winning Bid Amount;
• The Buyer's Premium;
• Any Delivery Fees agreed to;
• Any Storage Fees per lot per day should items not be collected within the 72 hour collection period.

Title of Goods does not pass to the successful bidder until full payment is made.

Notwithstanding that a Winning Bidder may have been notified of their placement of the Winner’s Bid Amount, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in circumstances including (but not limited to) where:

• The credit card payment is not processed in the first run due to
  card entry errors (including an incorrect or expired card expiry date)
  made by the Winning Bidder;

• There are insufficient funds/the credit limit is insufficient to cover the sum
   of the Invoice Amount or if the Invoice Amount exceeds $5,000;

• If the Winning Bidder fails to make payment of the Invoice Amount into a
  bank account nominated by us within 72 hours of the Winning Bidder
  placing the Winner’s Bid Amount;

• We are unable to contact the Winning Bidder for any reason.

If you fail to comply with any of these Terms and Conditions, any monies which you paid to us upon deposit on account of any purchases of an item shall be forfeited absolutely and we shall be at liberty to take legal action for recovery of the balance of the Invoice Amount and any other amounts as may be owing to us pursuant to these Terms and Conditions.

If you fail or refuse to pay the full amount in the required timeframe, ALLBIDS reserves the right to charge a Renege Fee. The Renege Fee is not refundable if payment for the lot is made after the Renege Fee has been applied. Storage Fees are applied separately and may be charged up until the point the Renege Fee has been applied.

If you refuse or fail to settle your account balance with the necessary timeframe, ALLBIDS may refer your account to a debt collection agency. In the event of such a referral, you will be liable to pay any Debt Administration Fees in addition to the fees already owing on your account.

If you are able to collect the goods from the ALLBIDS warehouse or the specified location then you must do so within 72 hours after making the Winning Bid. If you live in another State or Territory or are unable to collect the goods in person then you must arrange delivery through our website. Failure to do either of these things may result in storage fees being charged to your account.

Table of Fees Payable:

The Online Auction Process

You may bid:

• by placing a normal bid;
• through Proxy bid.

If you bid at an online auction using Proxy bid, you are responsible for monitoring the online auction in which you are participating and acting in the auction by instructing Proxy bid with your bids.

Proxy bid will always start at the bid increment above the starting bid or the current highest bid. If you want to match a current or starting bid you must submit a normal bid.

If you do not leave a Proxy bid amount, the bid amount that will appear when you submit a normal bid will apply.

An online auction will start at the specified time and bidding will start at the nominated minimum starting price.

All bids placed at an online auction must be made on a per-item basis, and may only be increased by multiples of the posted bid increment.

The auction closes at the end of the time period specified for that online auction where there are no new bids during the 5 minutes immediately preceding the end of the time period specified. If there are any successful bids on a particular lot/item within 5 minutes of the close of the online auction (the going, going, gone period), the auction will continue to be extended until there are no more within the Refresh Period. Due to circumstances beyond our control, the Refresh Period may vary from time to time by a number of seconds. ALLBIDS accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the Refresh Period.

The vendor of the items may place one bid on the items they put to auction on the day of closing. The vendor bid must be disclosed to ALLBIDS and will only be allowed if approved by ALLBIDS in the event that the level of the auction is substantially below an agreed liquidation value.

Processing and Technological Errors

In 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:

• Decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion);
  
  
• Decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion;
  
  
• Retract any Winning Bidder’s emails which may have been sent out to bidders
  prior to or following (as the case may be) the conclusion of an online auction;
  
  
• Amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or
  technological fault;
  
  
• Void that entire online auction transaction and open the auction again at the original start prices.

Products for sale on Online Auction

In relation to the items sold in an online auction, we will endeavour to:

• provide accurate descriptions to fairly reflect each item;
• pass clear title to the items to you;
• ensure that each item for auction on the Site is available at the time of the auction.

Subject to any rights you may have under the Australian Consumer Law and similar laws we do not make any promises that:

• The items are fit for a particular purpose;
• They are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties;
• That we will be able to replace or exchange any of the items which are found to be defective on delivery.

Warranty and Indemnity

Unless 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:

• The items are fit for a particular purpose;
• They are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties;
• That we will be able to replace or exchange any of the items which are found to be defective on delivery.

Rights as Agent and/or Seller

We may withdraw and / or re-offer an item from an online auction where the item:

• Becomes unavailable due to damage;
• Or the title to or provenance of the item is disputed;
• Is withdrawn by the manufacturer, distributor or vendor;
• Fails to draw a bid above the posted minimum;
• Fails to draw any bid;
• Has been erroneously listed twice;
• Is incorrectly described.

We also reserve the right to change the:

• Quantities of products posted;
• Maximum number of items which you may bid for;
• Bid increment during the auction
• Time and date the auction closes

Liability and Indemnities

We 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.