terms and conditions

 

 

 


Terms and Conditions

1. General - Overview

The following General Terms and Conditions shall apply to the business relationship between BonkersBids.co.uk ('the website') and our users. By using BonkersBids.co.uk the user accepts the following General Terms and Conditions as described below.

Any promotions or offers run by BonkersBids shall only be valid if they are announced on BonkersBids website or in its corresponding website  newsletter. Certain promotions may only be valid for a limited time, and details of any such promotions will be announced on the website or in the website newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is deemed as ended.

Any bidding advice or other written materials (for example, ‘Help’ articles) posted on

 
 
 

 

BonkersBids 

 

are provided solely as suggestions and are not intended to be relied upon. BonkersBids 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. It is the responsibility of an individual user to establish the best method of bidding on the website.

2. Eligibility to Participate / Registration / Disqualification. By placing a bid on 
 
 
 
 
 
 
 

BonkersBids

 

, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old on date of registration.

Employees and relatives of employees of BonkersBids are not eligible to participate in BonkersBids auctions under any circumstances.

All users are required to pre-register before any bids may be placed; non-registered users will not be able to access all functions of BonkersBids.

Each user may register only once using their postal address (PO Boxes will not be accepted). A MAXIMUM OF TWO user registration per household is permitted WITH SEPERATE CREDIT/DEBIT CARDS. 

During the registration process, a user name must be selected. The username must not be offensive, be selected to deceive or misinform other users, and must  not offend common decency or infringe upon the rights of ANY third parties. If BonkersBids receives information of a username which is illegal or in breach of these terms, this username can be amended by BonkersBids without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. 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 BonkersBids, shall result in the disqualification of the user and 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.

BonkersBids reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified IF in the reasonable opinion of 

 

 

 

 

 

BonkersBids BidButler assists bidders in being able to bid on an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more BidButler. BidButler automatically submits bids according to the specifications set in advance by the user. The user can read about how the BidButler operates in our Auction Website Help section. The user is prohibited from using bidding software not approved by BonkersBids, and doing so will result in immediate disqualification from use (see clause 2: Eligibility and the Acceptable Use Policy). 

 
 
 

 

 

 

 

5. How the Auction Works

With each bid placed online , the price of the item on which the user is bidding increases by 1p (£0.01). A bid submitted by the user constitutes an offer from that user to BonkersBids to enter into a binding contract to purchase the item. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in clause number 6.

Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually, but not exclusively,10 seconds to 2 minutes). The one exception to this rule is when two of BidButler's bid against one another. For more information, please consult the ‘Help’ section. The auction ends when the remaining time reaches zero and all bids placed have been verified. The user who was the last to bid then wins the auction. All other bids on the item expire. Any amounts payable to BonkersBids for placing bids are non-refundable. The last bidder is determined based on the records in BonkersBids database and BonkersBids’s decision regarding who is the last bidder shall be final except in the case of malfunction or error).  The winner will then be notified by the websites internal messaging system or email.

6. Acceptance of the Win / Payment

After an auction has ended, the last bidder (“winner”) must go to their account. Here, information such as total price (including shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs if applicable) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 14days of the auction end date, unless there are exceptional circumstances, BonkersBids reserves the right to 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 these circumstances any amounts payable to BonkersBids  for placing bids are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.

The item will not be sent to the user until the total price has been paid to BonkersBids. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full.

An invoice containing the auction price and shipping costs will be sent to the winner by BonkersBids once delivery has been arranged.

7. Cancellation and Returns Policy

 

BonkersBids 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 fourteen 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 BonkersBids 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:



 

 

Admin@bonkersbids.co.uk                                                                                                                                                                   

 

 

 

In order to complete a valid cancellation or return, a user must return the received product (s) 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 product or service received or only able to return it in part or only in a damaged or depreciated condition, any refund will be adjusted proportionately.

Should BonkersBids 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 user. Sets/boxes can only be returned in their entirety.

8. Delivery

Deliveries will be made directly from our suppliers or from our warehouse to the address provided by the user at time of registration. Deliveries are made solely within the UK (exclusively on the mainland, otherwise only upon inquiry). Users in other countries must have a delivery address within the UK. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. BonkersBids shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Info@bonkersbids.co.uk upon taking delivery.

Should BonkersBids not be able to deliver the item ordered, BonkersBids shall be entitled to substitute the item with a comparable replacement product with equal or higher value/specification, or provide a refund if this is the user’s preference. The user’s statutory rights are not affected.

9. Offsetting / Withholding Payment / Retention of Title

The user shall only have the right to reduce any sums that they may owe to BonkersBids if he or she has a claim against BonkersBids that BonkersBids 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. 

The item delivered shall remain the property of BonkersBids until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user/winner agrees to keep the item separately from their other possessions.

10. Damages / Reimbursement of Expenses / Limits on Liability

BonkersBids's  total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to these General Terms and Conditions shall be limited to £50,000. 
BonkersBids shall not be liable to the user for:

any indirect, special or consequential loss or damage; or

loss of data or other equipment or property; or

economic loss or damage; or

incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or

any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill, even if BonkersBids is advised in advance of the possibility of any such losses or damages.

In particular, BonkersBids shall not be liable for faulty operation of telephones or computers during bid placement and for incorrect or overly slow transmission of bidding data by the telephone or internet provider (including but not limited to those specified in condition 12 below). Should such an event occur, the user shall have no legal right to the purchase or receipt of an item.

BonkersBids shall not be liable for any losses arising from the user’s subsequent use or misuse of the item including (without limitation):

fair wear and tear;

wilful damage; and

the user’s negligence or any failure to follow BonkersBids instructions as to placing of the bids.

Liability for death or personal injury shall not be affected.  These terms and 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 BonkersBids.

11. Guarantee

Items offered for auction are provided as fit for purpose. If goods develop a fault within six months of being sold, the goods may be returned for a refund or replacement at Bonkersbids expense. 
BonkersBids will take all reasonable care to ensure that details, descriptions and prices of products which are featured on its website are correct at the time when the relevant information was entered onto the system. BonkersBids shall endeavour to keep the website as up to date as possible but can offer no guarantees that the information including descriptions of products on the website are still accurate when a user visits the website and/or bids for products.

Images of products may differ from the original.

12. System Outage / Temporarily Halted Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Users who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). BonkersBids, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, BonkersBids shall not be liable for any damage whatsoever incurred by auction users or third parties from using BonkersBids services. In particular, BonkersBids shall not be liable for damage that occurs due to bids submitted by auction users not being received by BonkersBids or not being received promptly or not being considered, as a consequence of technical faults.

13. Applicable Law / Severability Clause

English law shall apply and shall exclude application of the UN Convention on the International Sale of Goods. 

To the extent legally permitted, the place of jurisdiction is the courts of England and Wales.  

14. Promotional Material and Use of Details for Promotional Purposes

By entering any auction offered by BonkersBids,  you agree to allow the free use of your name, photographs and general location for publicity and promotional purposes by BonkersBids or any associated or subsidiary company of BonkersBids without further consent or payment.  Furthermore, you agree to the inclusion of any statement made by you in respect of auction prizes and any other aspect of our service both on the website itself and other media and that all such material may be used by us and our affiliated companies worldwide at our sole discretion in perpetuity and without charge.

Uses of personal data received by BonkersBids are subject to the privacy policy found on the Website.

15. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information

The protection of your data is very important to us. 

For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

16. External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the BonkersBids website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

17. General

The contract between BonkersBids and users is binding on the parties and on their respective successors and assignees. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without BonkersBids prior written consent.

BonkersBids has the right to revise and amend these General Terms and Conditions from time to time at its absolute discretion but for reasons including but not limited to changes in market conditions affecting BonkersBids business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in BonkersBids system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the BonkersBids website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or BonkersBids notifies its users of the changes to such policies or General Terms and Conditions before BonkersBids sends information relating to dispatch (in which case BonkersBids has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
 BonkersBids is the owner or licensee of all intellectual property rights on the BonkersBids 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 BonkersBids website for commercial purposes.

Note:

 

We would like to advise all users to monitor their bidding practices. Buying bids online at BonkersBids Penny Auction Site or texting premium rate phone numbers 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.