Terms and conditions
Welcome to BidBeat. These terms and conditions apply to the services available from the domain www.BidBeat.com If you reside in the U.K. or another country that is a member of the E.U. by using the services of the BidBeat you are agreeing to the following terms with BidBeat.
Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a registered user of BidBeat, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legal binding agreement between you and BidBeat
This User Agreement shell apply from 12th April 2011, for users that have registered on or prior to this date, and upon acceptance for new users.
Credits means a package of Credits that may be used when bidding for Products on BidBeat.
Bidder means a person who has placed a Bid.
Timer means the remaining duration of the auction
Bid refers to any Bid that a user chooses to place on an item
Required credits means the number of credits needed to place one bid
Bid Limit means the minimum number of Credits that must be placed for an auction to be closed
Item Retail Price means the retail value of the Product in question which appears on BidBeat
Maximum Bid means the maximum Bid which a Bidder may place on an auction.
BidBeat means the website, www.BidBeat.com
Products means products listed on BidBeat
Us or We means BidBeat
Win or Won means winning the auction by placing the Lowest unique Bid under the limit imposed by Us.
Winning Price means the value of the lowest unique Bid under the limit imposed by Us.
These Terms of Service apply to website www.BidBeat.com on which you will be entitled to bid for and purchase any of the Products. By visiting or using the Services you are agreeing to abide by the TOS (Terms of service).
3. YOUR STATUS
By using BidBeat, you warrant that:
- You may not use BidBeat if you are under the age of 16 or if your BidBeat membership has been suspended/canceled.
- you are legally capable of entering into binding contracts
- BidBeat users on BidBeat must be UK residents to place bids on www.BidBeat.com
You may not use BidBeat if you are under the age of 16 or you not able to form legally binding contracts or if your BidBeat membership has been suspended.
BidBeat users on BidBeat.com must be UK or EU residents to place Bids on BidBeat.
Employees and relatives of employees of BidBeat are not eligible to participate in BidBeat services.
Only registered users have access to the full functionality of BidBeat therefore recommends that all users register with BidBeat.
Each user may register only 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 or user names that imply marketing related names are strictly prohibited. BidBeat reserves the right to change or delete a user name if it finds a user violating BidBeat's term and conditions. The associated password must be kept secret by the User. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
The User must provide a legitimate email address during the registration process. This is done in order for BidBeat to authenticate the User and prevent future misuse of the service. An authentication email is sent to the email address which the User must use to register.
User accounts created during registration are non-transferable. Only one person may use any one particular user account. BidBeat will not discuss a user account with any person other than the person registered with the user account.
BidBeat reserves the right to restrict the number of user accounts that may be registered to a particular household.
BidBeat has the right to verify the identity of each individual user. In the event of BidBeat being unable to verify or authenticate user identity using reasonable endeavours, then BidBeat may ask users to provide photo ID, proof of address and other documentation as BidBeat requires. Should such proof not be provided, BidBeat has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users. Should a user refuse to upload the necessary documents, the user forfeits the right to receive any won items and will be refunded the amount paid for any auctioned items won but not yet delivered.
Users are only permitted to change their username once within the first 7 days of registering on BidBeat. Any requests after this time period has lapsed will be refused.
Users who opt to take advantage of the Buy it Now feature will not be allowed to continue bidding on that particular auction.
Those proved to be involved in collusion will be issued with a written warning for the first offence. Should, however, the first offence be deemed serious in nature (at sole discretion of BidBeat), BidBeat has the right to suspend a user with immediate effect. No Credits will be refunded and no monies spent will be refunded. If the user is found to be colluding again then they will be automatically suspended. No Credits will be refunded and no monies spent will be refunded.
After registration, you will be entitled to purchase credit packages for the use of your account. Credits in your account may not be used to purchase a Product you have won on an auction.
You hereby authorise Us to retain any funds deposited into your account until such time as it is used by you to purchase Credits. You acknowledge and agree that you will not be paid any interest for any funds held by Us in your account.
All credits have a time limit. Upon expiration of the time limit stated, the credits expire and can no longer be used. There will be no refund for credits that have not been used before expiration. All purchased credits expire after 90 days. All discount codes issued have a time limit. Discount codes must be used during the specified time in order to be valid.
Funds will only be considered to be deposited into your account once payment over the internet has been physically recorded as a received payment on our system. Approved credit/ debit card payments are automatically recorded as received payments once payment has been confirmed through the payment gateway.
You may only purchase Credits to the extent that funds have been deposited into your account.
Purchased Credit Packages are non-refundable and hence Users should buy only as many Bids as they are willing to spend on the Bidding process. Payment can be made by a valid debit card, credit card or PayPal. Payments may not be made over the phone.
5. CREDITS AND BIDDING
You will be given the following details to participate on our auctions:
- Bid Limit
- Item Retail Price
- Maximum Price
Your Credits will be disqualified in case:
In case that any user participating in the auction will not place a unique Bid, the winning Bid will be automatically selected from the lowest non-unique Bid with the person who bid first at that value in £ being selected.
Every auction on BidBeat will be closed when the bids limit of Credits has been achieved and the timer has reached zero. We reserve the right to extend the time on each auction. You will always be advised of such extension. In case that there is not activity on new auction within 72 hours, that auction will be closed. If we close an auction due to low bidding activity prior to the bids limit being met, all Bids which were placed by you in that auction will be refunded to your BidBeat account for use in other auctions.
Bid Fees are non-refundable unless the auction is cancelled. Once Credits are placed, they can not be withdrawn nor modified. We reserve the right to cancel any auction on BidBeat in case we come across fraudulent activity. In this case bids limit might be increased due to cancelation of bids placed by fraudulent users.
It may take up to 2 working days before the auction is officially closed and the auction results are announced. This period is to allow for the reconciliation of Credits and the auditing of results. Upon conclusion of an auction the Bid values placed by other users will be revealed anonymously.
We reserve the right to:
- Limit the number of auctions you may participate in or Win at our own discretion;
- To suspend an auction at any time due to technical problems or in order to investigate suspected irregular or fraudulent activity.
Collaboration between users
Any collaboration between users of BidBeat is strictly forbidden. Participation in our auction on our website is strictly based on individual users. Should we gain knowledge of any collaboration between two or more users in any auctions on BidBeat, the user accounts of such users will be suspended immediately without any notice and these users will be suspended until a thorough inspection is conducted. Should an inspection show any sort of collaboration taken place, BidBeat will disqualify all winnings of the users. If the case of collaboration reoccurs the users shall be permanently banned from participating in auctions on BidBeat. This policy also applies to users participating in an auction under two different user names.
BidBeat reserves the right to act upon their discretion in implementing any of the Terms and Conditions!
6. WINNING CONTRACT BETWEEN YOU AND BidBeat
When an auction closes, a notification is automatically sent by email to the Bidder who placed the lowest unique bid. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, BidBeat reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via BidBeat.
The following information will be provided:
- total price including delivery costs to the address provided on registration
- payment options
You must confirm your purchase within 14 days of dispatch of that email and pay the total price for the Win. Once you have accepted the offer, provided such confirmation and paid the total price, the Win will be accepted. We may require a copy of your ID to verify your user account.
The Product can not be delivered until the total price has been paid and any necessary additional documents completed. We reserve the right to retain the Product purchased until all Credits and the total price have been paid for in full. You will be sent an e-mail that confirms that the Product has been dispatched after all payments are cleared including the payments for the purchased credits.
We will deliver the Product in 30 working days of receipt. If we are not able, for reasons outside our control, to deliver a Product won on auction, we reserve the right to substitute the Product with a comparable replacement product with the same or better features, or provide a refund of the Item RRP for the Product upon your preference.
If a Win has not been confirmed and paid by you within 14 days period of the auction end date, we reserve the right to cancel the Contract and your right to pay the price equal to winning bid will be permanently revoked. Credits placed by you in that auction cannot be refunded. If you decide that you don’t want to pay for the item you won in an auction, an offer to conclude a contract and to purchase the Product which was the subject of the auction will be made to the person who made the next lowest unique Bid. If the winner of an auction cannot be contacted within a period of 90 days, the person who made the next lowest and unique Bid will be made an offer to conclude a contract to purchase the Product for the price which was the subject of that auction.
In order to keep the site interesting for all users, you will be limited in participating on BidBeat in the following case:
- You won 3 auctions in a row or in 10 days - An automatic 14 days restriction participating in any further auctions will apply.
- You will be restricted twice from participating in the same product auction that you have won previously. Example - you won an LCD TV today, you will not be allowed to participate in the next 2 iPhone auctions.
7. CANCELLATION AND RESCISSION
User may cancel the purchase order within two weeks in written form (e.g. letter, fax, e-mail) or by returning the auction items, without stating your reasons.
The cancellation period begins no earlier than when the item and these instructions are received. To meet the cancellation requirements, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the address given in the contact details.
You may cancel the Contract within seven working days, beginning by day your product is received to the address you provided during the registration. You will receive a full refund of the Wining Price in accordance with our refunds policy. You will not be entitled to receive a refund on any bids you placed in the auction.
You must return the Product to Us in the same condition as you received it. All expenses regarding cancelation such as postage are at your own cost and risk. You have a legal obligation to take reasonable care of the Product while it is in your possession.
The right to cancel does not cover purchase of audio and video recordings or of software where the security seal on the delivered media has been broken by the consumer.Provisions do not affect your statutory rights.
8. PRICE AND PAYMENT
The credits must be paid for in advance. The purchasing process requires Users to verify three times if the bid package they are purchasing is the right one. This is done to make sure that the choice being made is intended. Purchased Bid Packages are non-refundable and hence Users should buy only as many credits as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via payment agent. You warrant that you are the owner of the credit/debit card used for the purchase of bid packages. Payment for all Products must be processed via credit or debit card. We accept payment by American Express, MasterCard, Visa, Carte Bleue and PayPal and E-wallets of any kind. Should a payment not be honoured, a returned payment fee will be charged and you authorise Us to deduct such fees from your account. You will be responsible for these fees should there be insufficient funds in your account.
You will receive a Dispatch Confirmation once your item has been dispatched. Any delivery time indicated therein is provided only as a guide and is not guaranteed. We will endeavour to deliver your Product within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
As BidBeat 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, if the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 3 days of receipt. BidBeat cannot accept responsibility for damaged or faulty goods once 3 days have lapsed. In all cases you must inspect your item either before or immediately after delivery. Failure to raise a query with BidBeat concerning, a damaged or incorrect item within 3 days of delivery constitutes acceptance of the item as is. BidBeat does not accept liability for damage or failure of products due to neglect or misuse by the recipient.
9. REFUNDS POLICY
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.
We normally process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Any Product returned due to a defect will be refunded in full, including the cost of delivery charges.
10. BidBeat LIABILITY
In particular, BidBeat 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 telephone or Internet service provider. 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 BidBeat.
This does not include or limit in any way our liability:
- For any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage for for death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- including but not limited to;
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data
In addition, we will not be liable for:
- any losses arising from your negligence;
- any failure to follow our instructions as to placing of Credits;
- any loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by you accessing, using or downloading from BidBeat, or from transmissions via emails or attachments received from Us;
- any use of websites linked to BidBeat but operated by third parties.
11. SERVICE AVAILABILITY
BidBeat is only intended for use by people who reside within the EU. We do not accept orders from persons who reside outside the United Kingdom and the European Union. Access to BidBeat is permitted on a temporary basis, and we reserve the right to restrict or suspend access to BidBeat or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to BidBeat and for ensuring that all persons who access BidBeat through your internet connection are aware of these terms, and that they comply with them.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using BidBeat, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
In the event of a dispute between users and BidBeat, suit may only be brought in the court of England. BidBeat reserves the right to make changes to the terms and conditions at any time. The amended terms and conditions will come into immediate effect once published.
15. EVENTS OUTSIDE OUR CONTROL AND SYSTEM OUTAGES
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 all 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 BidBeat.
auction platform, the 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.
BidBeat will use its best endeavours to notify the user that the auction has closed irregularly as soon as possible. In the event that the user has already paid for the item, the user will be refunded the amount paid for the item and the auction will be resumed at a later time.
Should BidBeat suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down, it has the right to investigate the matter and take legal action against perpetrators.
We are the owner or licensee of all intellectual property rights on BidBeat. This website is protected by copyright laws and treaties. You may not modify any paper or digital copies of any materials neither printed or downloaded nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not use any part of the materials of BidBeat for commercial purposes.
We reserve the right to take action against anyone who, in our opinion, is in breach of these terms and conditions. Such action includes, without limitation, terminating your registration and terminating access to BidBeatand auctions on BidBeat.
Any dispute or claim arising out of or in connection with these terms and conditions or Products will be governed by English law. Any dispute or claim arising out of or in connection with Contracts or their formation will be subject to the non-exclusive jurisdiction of the courts of England and Wales. We make no representations that BidBeat is appropriate or available for use outside the United Kingdom. If you access BidBeat from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.