Terms & Conditions
Conditions for use of ALLBIDS.com.au
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.
1.1 - You must register your details with us to use this service (your “Account”). Registration is free and does not oblige you to purchase anything.
1.2 - 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.
1.3 - 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.
1.4 - You must provide us with an active mobile phone number.
2. Eligibility to Participate
2.1 - 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.
3.1 - 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.
4. Obligations As A Bidder
4.1 - 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.
When registering and placing a bid you acknowledge that you are entering into a legally enforceable contractual agreement as follows:
- 4.1.a. That if you are the successful high bidder you will pay for and collect your items within the stated time under section 5 and 17 below;
- 4.1.b. That if you fail to do so, you will be liable for our reasonable costs in either, and at our discretion, (i) enforcing specific performance of the contract (that you pay for and remove your lots won plus any accrued storage charges as detailed in our terms and conditions), OR (ii) us making good with the vendor of the lot/lots. Accordingly:
- 4.1.b. (i) If we seek specific performance of the contract then the applicable application fee to lodge a civil dispute hearing with the ACT Administrative Appeals Tribunal (ACAT) and any other service or filing fees that follow that process, or;
- 4.1.b.(ii) If we proceed to make good with (pay out) the vendor/vendors in a timely manner, then an administrative fee equal to the buyer’s premium on each lot you have defaulted on, or $50 per lot, whichever is greater, PLUS the shortfall (if any) being the difference between the price obtained if the lot is resold below your previous winning bid price. These amounts will be debited to your buyer account. If we have to take legal action to recover these amounts from you, then you will also be liable for the ACAT application fee and any other service or filing fees that follow that process.
4.2 - It is your responsibility to read the Product Information and Sale Overview about any item we post for auction on the Site.
4.3 - 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.
4.4 - 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.
4.5 - 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.
5. Obligation To Pay
5.1 - If you are the Winning Bidder on an online auction, you must pay the following fees within 72 hours after making the Winning Bid:
- 5.1.1 - The Winning Bid Amount;
- 5.1.2 - The Buyer's Premium;
- 5.1.3 - Any Delivery Fees agreed to;
- 5.1.4 - Any Storage Fees per lot per day should items not be collected within the 72 hour collection period.
5.2 - Title of Goods does not pass to the successful bidder until full payment is made.
5.3 - If you:
- 5.3.1 - refuse to pay or otherwise fail to complete the purchase of an item when you are the Winning Purchaser (for example, if your credit card balance is insufficient to meet all money due)
- 5.3.2 - do not comply with the terms and conditions of the Users Agreement
ALLBIDS may, in our absolute discretion:
- 5.3.A - take legal action to recover all money owing to ALLBIDS, including any Buyers Premium and lost income;
- 5.3.B - resell the item in any manner and on such conditions as ALLBIDS see fit without notice of resale to you and claim the net shortfall (between the Invoice Amount and the resale price received after deducting all expenses (as specified in (C)) (if any) from you
- 5.3.C - charge you a dishonour fee of 2.5% of the Invoice Amount to cover cost of resale of the item, lost commission and Buyers Premium (if any), administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonably incurred expenses incurred in reinstating ALLBIDS to the same position as if the item was sold to you
- 5.3.D - in taking the steps in (A), (B) or (C), you authorise ALLBIDS to charge your credit card for any amount owing to us.
5.4 - Notwithstanding that you have been notified that you are a Winning Purchaser, ALLBIDS may in our sole discretion choose to withdraw and not proceed with completion of the sale of the item if:
- 5.4.1 - 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 you;
- 5.4.2 - there are insufficient funds or the credit limit is insufficient to cover the Invoice Amount;
- 5.4.3 - you don't pay the Invoice Amount into a bank account nominated by ALLBIDS within 3 working days (72 hours) of the Winning Purchaser placing the Winner's Purchase Amount; or
- 5.4.4 - ALLBIDS are unable to contact the Winning Bidder for any reason.
5.5 - If you fail to comply with any of these terms and conditions, any money which you paid to ALLBIDS on deposit on account of any purchases of an item may be forfeited to ALLBIDS. ALLBIDS may also take legal action to recover the balance of the Invoice Amount and any other amounts owing to ALLBIDS under these terms and conditions. In exercising our power of forfeiture, ALLBIDS will not act unreasonably.
5.6 - 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.
6. Table of Fees Payable
|Buyer's Premium Fee||The Buyer's Premium Fee is applied on top of the Winning Bid and varies depending upon the Winning Bid amount.||This fee covers the cost of facilitating the online auction process.||Applied when a Winning Bid is made.|
|Delivery Fees||Varies depending upon the size and quantity of the item/s.||This fee covers the cost of delivering the item/s to the Winning Bidder.||Applied when a customer is unable to collect the item/s from the ALLBIDS warehouse or the specified location and chooses to have the item/s delivered.|
|Storage Fees||Varies depending upon the size and number of the goods. Calculation methods are outlined below.||These fees cover the cost of storing items in ALLBIDS' warehouse. Space is limited and goods cannot be stored for an indefinite period until the customer wishes to collect them.||Applied when a customer chooses to collect their item/s from the ALLBIDS warehouse or a specified location and fails to do so within 72 hours.|
|Debt Administration Fees||The standard rate is $45, however further charges may be added depending upon the length and difficulty of the debt recovery process.||This fee covers the administrative costs incurred in referring an overdue account to a debt collection agency.||Applied when the account is referred to a debt collection agency due to a failure or refusal to pay outstanding fees.|
|Renege Fee||The standard Renege Fee is the amount of the Buyer's Premium Associated with the relevant purchase. ALLBIDS reserves the right to add an administrative fee of $25 to the Renege Fee depending upon the nature of the purchase.||This fee covers the opportunity cost of the cancelled sale and the cost of re-listing the item/s for re-sale.||Applied when ALLBIDS must cancel a sale and re-list an item due to a bidder refusing or failing to pay for an item within the necessary timeframe.|
|Dishonour Fee||2.5% of the total transaction amount||This fee covers the transaction fee charged by the bank to ALLBIDS.||This fee is only applicable to Autopay bidder. This fee is applied if funds are not present in the winning bidder's credit card account during the Automatic Payment Process.|
7. The Online Auction process
7.1 - You may bid:
- 7.1.1 - By placing a normal bid;
- 7.1.2 - Through Proxy bid.
7.2 - 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.
7.3 - 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.
7.4 - If you do not leave a Proxy bid amount, the bid amount that will appear when you submit a normal bid will apply.
7.5 - An online auction will start at the specified time and bidding will start at the nominated minimum starting price.
7.6 - 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.
7.7 - 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.
7.8 - The vendor may place a bid on the items they put to auction on the day of closing only in the event the bid price is substantially below any agreed liquidation value. Any such vendor bid must be disclosed to ALLBIDS before they are placed. All winning bids must be paid for, and whoever wins will be liable to pay the full winning bid amount plus buyers premium. If the winning bidder happens to be the vendor or their agent, then they will also be liable to pay the agreed Vendor’s Commission, Listing Fee/s and the Buyer’s Premium as agreed in the vendor contract.
8. Processing and Technological Errors
8.1 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:
- 8.1.1 - 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);
- 8.1.2 - 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;
- 8.1.3 - 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;
- 8.1.4 - 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;
- 8.1.5 - Void that entire online auction transaction and open the auction again at the original start prices.
9. Products for sale on Online Auction
9.1 - In relation to the items sold in an online auction, we will endeavour to:
- 9.1.1 - Provide accurate descriptions to fairly reflect each item;
- 9.1.2 - Pass clear title to the items to you;
- 9.1.3 - Ensure that each item for auction on the Site is available at the time of the auction.
9.2 - Subject to any rights you may have under the Australian Consumer Law and similar laws we do not make any promises that:
- 9.2.1 - The items are fit for a particular purpose;
- 9.2.2 - They are able to be repaired, replaced or serviced over and above the rights which you have under vendor's warranties;
- 9.2.3 - That we will be able to replace or exchange any of the items which are found to be defective on delivery.
10. Warranty and Indemnity
10.1 - 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.
10.2 - 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.
10.3 - 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.
10.4 - Subject to any rights you may have under the Australian Consumer Law and similar laws we do not make any promises that:
- 10.4.1 - The items are fit for a particular purpose;
- 10.4.2 - They are able to be repaired, replaced or serviced over and above the rights which you have under vendor's warranties;
- 10.4.3 - That we will be able to replace or exchange any of the items which are found to be defective on delivery.
11. Governing law for disputes
This User Agreement is governed by and will be construed according to the laws of the Australian Capital Territory and is subject to the jurisdiction of the courts of the Australian Capital Territory.
12. Rights as Agent and/or Seller
12.1 - We may withdraw and / or re-offer an item from an online auction where the item:
- 12.1.1 - Becomes unavailable due to damage;
- 12.1.2 - Or the title to or provenance of the item is disputed;
- 12.1.3 - Is withdrawn by the manufacturer, distributor or vendor;
- 12.1.4 - Fails to draw a bid above the posted minimum;
- 12.1.5 - Fails to draw any bid;
- 12.1.6 - Has been erroneously listed twice;
- 12.1.7 - Is incorrectly described.
11.2 - We also reserve the right to change the:
- 12.2.1 - Quantities of products posted;
- 12.2.2 - Maximum number of items which you may bid for;
- 12.2.3 - Bid increment during the auction
- 12.2.4 - Time and date the auction closes
13. Liability and Indemnities
13.1 - 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.
13.2 - 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.
13.3 - 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.
13.4 - 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.
14. Obligations as a Seller
14.1 - 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.
14.2 - TITLE
On 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
14.3 - PHOTOGRAPHY
ALLBIDS Auctions reserves the right to photograph any property, and these images remain the property of ALLBIDS Auctions.
14.4 - INSURANCE
Insurance of the Goods is at the Vendors risk unless special arrangement, in writing, is made with our company
14.5 - PERSONAL INJURY
ALLBIDS 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.
14.6 - FEES AND CHARGES
All 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.
14.7 - PAYMENTS
ALLBIDS 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
14.8 - CLAIMS BY BUYERS
If, 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.
14.9 - RESERVED BIDS & WITHDRAWAL
Vendor 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.
14.10 - NONPAYMENT BY PURCHASER
If 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.
14.11 - NO GUARANTEE
ALLBIDS 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.
14.12 - UNSOLD PROPERTY
Property 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.
14.13 - PRIVATE SALES
For 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.
14.14 - CONTRACT TERM
This contract will continue in force until notice to cancel is given by either party
15. Goods and Services Tax (GST)
15.1 - The Sale Overview will state whether the sale price of a lot has goods and services tax included (GST Included) or GST excluded (GST Excluded).
15.2 - You acknowledge and agree that:
- 15.2.1 - If the sale price has GST included, the Buyer's Premium will include GST and will be calculated as a percentage of the sale price (GST Included) and payable by you at the same time as the sale price;
- 15.2.2 - If the sale price has GST Excluded, GST will be calculated on and added to the sale price, and the Buyer's Premium (GST excluded) will be calculated on the sale price and payable by you at the same time as the sale price.
16. General Information
16.1 - Each lot shall be at the buyers risk from the time of closing and the buyer shall pay, Cash, EFTPOS, Credit Card or Bank Cheque, for each lot in full prior to delivery.
17. Collection of Goods
17.1 - All items must be collected from the ALLBIDS warehouse within 72 hours of purchase unless another arrangement has been made and agreed to in writing by a manager or director of ALLBIDS. In the event that any item remains in the ALLBIDS warehouse for longer than 72 hours after payment, and there is no written agreement to the contrary, ALLBIDS reserves the right to re-list the uncollected assets or items and re-sell them to another bidder. By purchasing an item you authorise ALLBIDS to sell an uncollected item and agree that ALLBIDS may sell any uncollected item as contemplated in this clause and indemnify ALLBIDS against any loss or damage no matter how, where or when occurring that may arise out of ALLBIDS sale or re-sale of the uncollected item.
17.2 - If the uncollected item is sold for an amount greater than it was originally purchased for the difference will be payable to the original buyer less a $30 administration fee to cover account processing costs.
17.3 - If the uncollected item is sold for an amount less than it was originally purchased for the difference shall be retained by ALLBIDS and paid to the Vendor with the balance of monies paid being refundable to the original purchaser less a $30 administration fee to cover account processing costs.
17.4 - ALLBIDS reserves the right to extend the 72 hour period where, it its sole discretion such extension is warranted.
18. Storage Fees
18.1 - ALLBIDS reserves the right to charge Storage Fees in the event that you choose to collect the item/s from our warehouse and fail to do so within 72 hours of the Winning Bid.
18.2 - In the absence of an agreement in writing relating to the storage of items, ALLBIDS reserves the right to charge Storage Fees at the following rates:
- 18.2.1 - For a small item taking no more than 1 square metre of space $5 a day.
- 18.2.2 - For a medium item taking more than 1 square metre but no more than 2 square metres of space $10 a day.
- 18.2.3 - For an item that is not a small or medium item such amount as may be deemed reasonable by ALLBIDS in the circumstances.
18.3 - You agree to pay these fees should your items not be collected within the 72 hour collection period.
18.4 - ALLBIDS reserves the right to waive any and all fees where in its sole discretion that the waiver is considered appropriate.
19. No Warranties
19.1 The Site www.allbids.com.au is provided by ALLBIDS on an "as-is" basis and the only obligations on ALLBIDS are set out in this User Agreement (as amended). ALLBIDS gives no warranty or condition, express or implied other than those expressly set out herein. ALLBIDS does not warrant that the functions contained in this Site and the Services provided will be uninterrupted, available to all Members or persons or error free, that defects will be corrected, or that this Site, Member's communications or ALLBIDS hardware or computer systems are free of viruses or other harmful components or programs. ALLBIDS does not warrant or make any representations regarding the accessibility or the use or the results of the use of this Site or the Services.
19.2 The payment gateway and any ancillary payment processing facilities provided to the Members by ALLBIDS or ALLBIDS partners are provided for convenience only and ALLBIDS gives no warranty, expressed or implied, in connection with such facilities. ALLBIDS will in no event be liable for any loss, damages, costs or expenses suffered or incurred by Members arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting credit card account of the Users as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.