TERMS & CONDITIONS
Bidster.com is owned and run by Bidster UK Ltd (St James House, 13 Kensington Square, London W8 5HD, United Kingdom, Company No. 0585 0937), referred to below as Bidster.
DEFINITIONS
By placing bids at Bidster.com, you (“participant, “customer”, “user”, “bidder”, “visitor”, “auction winner”) agree to enter an agreement with Bidster and accept the following terms and conditions, which are subject to revision by Bidster.
REQUIREMENTS FOR ACCOUNT MEMBERSHIP
Auction participants and Bidster.com members must be at least 18 years of age, or of lawful age in the country of residence, whichever is older. Should you be a minor, you relinquish the right to purchase auction items/services. Any attempts to register more than one account per physical person will result in immediate account suspension and/or deletion.
1 - PRIVACY
1.1 Privacy. Bidster takes your privacy seriously, and values the trust that you have shown by sharing your personal information with us during registration. In return, Bidster’s policy is to never share your information with affiliates or partners without your consent.
1.2 Consent. Bidster has many great deals with exclusive partners, and if you appreciate offers, rebates, and news that are custom-tailored for your personal tastes and interests you may choose to allow Bidster to share your personal information with its affiliates. During registration and under “Member Settings”, you may decide to actively consent to allow Bidster to share your personal information with exclusive partners and affiliates.
1.3 Bidster Newsletters and Offers. Bidster reserves the right to send information about its services and offers to customers who have placed bids, registered to receive the Bidster newsletter, or opened an account at Bidster.com. Members may at any time choose to unsubscribe (or “opt-out”) to any of these marketing send-outs, either through their member settings or by contacting Bidster support (support@bidster.com).
1.4 For you to actively participate Bidster need some of your personal information. Once you provide us with your required personal information, you are no longer anonymous. In providing us with your personal information, you consent to the transfer and storage of such information on Bidsters servers. In connection with your registration and use of we may collect and store the following personal information:• email address and physical contact information including but not limited to your name, address, date of birth and telephone number;
• all transactional information based on your activities on Bidster;
• shipping, billing and other information relating to any purchase or shipping;
• any correspondence sent to us;
• financial information, such as your credit card information; and
• other supplemental information from third parties.
1.5 Use of Data. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our Terms and Conditions;
• customize, measure and improve our services, content and advertising;
• inform you about our services, targeted marketing, service updates, and promotional offers; and
• compare information for accuracy, and verify it with third parties.
1.6 Name. Your registered name may be provided to the public.
2 – GENERAL FOR ALL AUCTIONS
2.1 Rights to Bid. Participants may bid on any number or all of the ongoing auctions until they are closed.
2.2 Valid Bid Registration. Incoming bids are valid once they are registered at Bidster. The bid is not valid at the time when it is sent from the bidder’s computer and/or mobile phone. Typically, the bid is registered within one second after it is sent from the user, but in some extraordinary cases, bidders may experience connection problems with their mobile phone and/or Internet service provider. These connection problems may result in a delay between the time the bid is/are submitted by the bidder and the time it is received by Bidster. In order for the bid to be valid during an auction, it has to be registered with Bidster at the designated closing time for each auction. When a bid is registered, the bidder receives a confirmation via SMS and/or the member’s Bidster.com account. If a customer requests an interval bid just before the end of an auction, the customer acknowledges that it could be so that only some, not all, of the requested bids may be processed, in ascending order, until the time runs out. The customer is not charged for bids that are requested but not processed.
2.3 Limits of Liability. Bidster is not responsible for a customer's ability to participate, or if a customer is seriously hindered in any way which is beyond Bidster’s control. This includes, without exceptions: erroneous, incomplete, terminated, delayed or in any other way lost information caused by your computer equipment, your computer program, or other technical equipment used to place your bids. Nor is Bidster responsible for technical inoperability of telephone service providers, equipment for telephone and/or SMS traffic, errors in the Internet, online systems, computer equipment of the ISP, failed or incomplete email functionality with Bidster, technical problems with your connection, high traffic load on the Internet or website, and/or a combination of the above-stated. This also applies to any damage or fault which can occur on your and/or someone else’s computer equipment, computer program and/or stored data as a result of participating in Bidster.com. Bidster is not responsible for changes in legislation affecting the auction or how the auction is carried out in a state of war, natural disaster or if other similar occurrences should occur. The customer is expressingly aware of and consents to that Bidster is not liable for any direct or indirect damage, including delay of or inability to use the service, loss of income, goodwill, data or other economic loss due to: use of or inability to use the service; cost of acquiring replacement products or services due to products, services or information given through using the service; unauthorized use of or change of the service or the customer's data.
2.4 Product Descriptions. Bidster is not responsible for the item descriptions on Bidster.com, and they are subject to revision at any time. The published market values are basic estimates made by Bidster, and may be different due to the nature of commerce and ever-changing prices.
2.5 Bonus offers. A bonus amount, i.e. an amount which exceeds the actual amount being debited when members make deposits to their account, can only be used to participate in the current auctions at Bidster, and can in no other way be used or reclaimed in the form of payment or compensation otherwise. Bonus offers given to Bidster’s customers may only be used once per person/member/individual and for one account deposit, if applicable. All bonus offers are subject to the terms and conditions specified at the time of the offer. Bidster reserves the right to take appropriate action, which may include immediate account deactivation without refund, towards any users abusing bonus offers. Potential offers that describe percentual deposit gains can only be used for one deposit, at one single time, for each campaign and user.
2.6 Account Balance Withdrawals. If a member wishes to have a certain balance, which has previously been deposited at Bidster, repaid in the form of balance on a bidding account, the member will be charged an administrative fee of 4.5% of the full account balance or $ 20, whichever is higher. This fee covers handling, administrative and international transaction fees between Bidster and the member. The member also waives any claim to potential bonus amounts in the account that are linked to the amount being paid back, and these bonuses will be deducted from the account prior to the calculation of the administrative fee.
2.7 Our websites may contain (a) user content (defined below) provided by other users, (b) links to other sites operated by third parties, (c) advertisements and/or sponsorships provided by third parties, and (d) stores, services, or product lines offered by third parties ((a), (b) (c), and (d) are collectively Third-Party Materials.). We have no control over and are not responsible and assume no liability for any Third-Party Materials or the applicable third parties. We are not responsible for any acts or omissions of such third parties. We do not review, approve, endorse, guarantee, warrant, or make any representations with respect to Third-Party Materials or the applicable third parties. For example, we do not guarantee, warrant or represent that the Third-Party Materials are accurate, legal and/or inoffensive or that these third party sites do not contain viruses or other features that may adversely affect your computer. You use all Third Party Materials and interact with such third parties at your own risk.
You hereby release us, our subsidiaries, affiliates, officers, employees, agents, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties. In connection with the foregoing, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
3 - LOWEST UNIQUE BID AUCTIONS
3.1 Bid Amounts. Bids can only place in whole cent (for instance, 7 dollars and 23 cent, and not 7 dollars and 23.5 cent). As such, bids can be placed from 1 cent and upwards. The auction item is sold for the lowest unique bid at the end of the auction. In case of international auctions, where bids are placed from different countries, the item is sold for the lowest unique number in the currency of the country that the winning bidder is registered to.
3.2 How the auction works. The person who at the end of the auction has placed the lowest unique bid is the winner of the auction. The lowest unique bid refers to the act of placing the lowest bid along with being the only one to place the bid in question. Bidster.com continuously identifies the lowest unique bid and also keeps the relevant individuals informed about the status of the bid and other relations to this bid, subject to the limits of liability stated above. In the extreme rare case of no bid being unique, Bidster.com automatically calculates the lowest number/amount carrying solely two bids. The first person to have placed the bid in question will then win the auction. If no lowest unique number can be found using only two bids, the lowest unique number using three bids will be calculated and so on according to the aforementioned procedure.
4 – CENT AUCTIONS
4.1 How to place a bid. Users can bid in two ways online. Bids can be placed by clicking on the bid buttons automatically or with the Bid Robot. The Bid Robot assists bidders in being able to bid on an auction even if they are not online at that time. The Bid Robot automatically submits bids according to the specifications set in advance by the user. The cost of the bid/bids is/are charged at once when the single bid or Bid Robot is set up. Placed bids cannot be canceled. Placed bids on a closed or coming auction are registered when the auction starts or return from the closed position. The user can read more about the Bid Robot in the Q&A section. The user is prohibited from using bidding software not authorized by Bidster, and doing so will result in immediate disqualification from use.
4.2 How the auction works. With each bid placed the price of the item on which the customer is bidding increases by the amount specified (usually 10 cents). A bid submitted by the user constitutes willingness of a user to enter into a binding contract with Bidster and in the event of a successful finishing of an auction, the claim to receive a purchase offer for the item of the auction under the specified on site. A contract to purchase the item does not come into effect until the auction is finished.
Each new bid resets the ‘remaining time’ for an auction to the countdown reset value (usually 160 seconds). For more information, please consult the ‘Q&A’ section. The auction ends when the remaining time reaches zero and no further bids are placed/registered. The user who was the last to bid then wins the auction and receives the right to purchase the item for the published price plus an eventual delivery cost. All other bids placed on the item expire and will not be credited back to the user's account or be eligible for a refund. The last bidder is determined based on the records in Bidster's database and Bidster's decision regarding who is the last bidder shall be final (save in the case of manifest error). Some auctions can have another countdown reset value and/or increased price.
4.3 Disruptions. If the operations of Bidster.com for some reason are disturbed meaning cent auctions end in a non-intended way, all bids placed in the auction will be refunded and the product will go to Bidster. Bidster can choose to auction out the product again or not.
4.4. Auction termination
A cent auction ends when the counter has been replaced by a text informing that the auction has ended.
5 - SCRATCH AUCTIONS
5.1 Scratch A customer can scratch at any time after an auction has started. The scratch cost will be deducted from the customers membership account automatically, and cannot be cancelled.
5.2 How it works Every time a customer scratch an auction the price of the product decrease and the customer receives a published amount of time to buy the object for the published price. If the time goes out the customer forgoes his right to buy the object for the price.
5.3 Purchase An auction will end once the object has been purchased. If the customer does not complete the purchase process after five minutes from having clicked on the “buy it button” the auction will continue and the customer will have to re-scratch to be able to buy the object. A customer can only attempt to purchase an object twice per auction.
6 - BUYITNOW
6.1 BuyItNow With BuyItNow you receive the right to purchase an object, in an auction you have not won marked with BuyItNow, for the published list price. This opportunity exists during an auction and 24 hours after an auction has ended. If you exercise this opportunity you will receive back a bonus amount equivalent to the cost all bids you have placed in the auction, which you are free to use at any auction of your choice. The bonus sum cannot be credited to your bank account. If you use the BuyItNow offer you simultaneously forgo your right to win the auction.
7 - AUCTION WINNERS
7.1 Auction Winner Notification. Bidster contacts the winner and sends an invoice covering the winning bid and the shipping costs. The invoice is to be paid within thirty days. If the invoice is not paid in time, the winner of the auction will lose the opportunity to purchase the item/service for the winning bid. Auction winners are responsible for inspecting all products immediately upon delivery and report any problems to Bidster Customer Support within 14 days after delivery.
7.2 Delivery. Items are normally delivered 1-4 weeks after the invoice has been paid. In rare cases there may be delays from the product manufacturer that prevents Bidster from delivering the item to the winner within 4 weeks, and in these cases Bidster pledges to notify the customer of the delay and explain the circumstances. All items are delivered by courier, to the address specified in the winner’s Bidster.com account.
7.3 Product Warranty. Items sold on Bidster.com typically come with the manufacturer’s warranty, which obviously vary by manufacturer. Although Bidster is happy to assist the customer in correcting any issues with defectious products, the company does not offer any explicit product warranties. In case there are any faults with the received item(s), please contact support@bidster.com. The customer will then be given the option to return the goods for inspection. If the fault of the product is covered by the manufacturer’s warranty, Bidster will assist the customer in acquiring a brand new product from the manufacturer.
7.4 Product Refunds. An auction winner has the right to cancel the purchase within 14 days, provided that the product is unused and unopened. If the customer wishes to cancel the purchase of an auction item, the customer should contact support@bidster.com and either send the item to us, or deliver them to a specific address. The customer will then be reimbursed for any amount paid for the item, less shipping and handling.
7.5 Contact Information. When placing a bid, the customer agrees to provide a telephone number that Bidster can use to contact the customer at the time of the auction close. Aside from a telephone number, the customer may also provide Bidster with other contact details including, but not limited to, address and gender when opening an account. As stated under “Privacy”, Bidster adheres to applicable privacy laws and has policies in place that this information will not be shared with third parties without the member’s expressed consent. 5.6 Publication of auction winners. Bidster has the right to contact the winner after the end of an auction and publish information about the winner. All winners of items worth $ 3 000 or more are obligated to submit a picture and full name to Bidster for publication on Bidster.com. In order to provide its members and the public with transparency in regards to auction winners, Bidster has the right to forward auction winners’ contact information to relevant media, individuals, and Bidster’s certified accounting firm.
8 - USER CODE OF CONDUCT
Bidster.com users agree to not involve themselves in any of the following activities:
• Provide false or wrongful information.
• Register more than one account.
• Attempt to use Bidster.com and its functionalities in any way that it is not meant to be used.
• Knowingly submit bids with the intent to not pay the full price for them. If a user wins an auction, Bidster may reserve the right to confirm that all bids have been appropriately paid for before delivering the auction item.
• Violate Bidster’s trademarks or copyrights.
• Plant, distribute or use viruses, Trojan Horses, worms, spiders, or any other potentially harmful software.
• Engage in any activity that circumvents, interferes with or disrupts the Services (or the servers and networks connected to the Services) or any user experience of our Services including but not limited to the following: using any unauthorized third-party bidding software; manipulating our fee structure, the billing process, bidding, auctions or fees owed to Bidster; distributing spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; or collecting information about users, including email addresses, without their consent.
9 - RIGHTS RESERVED
Bidster reserves the right to modify the above-stated conditions at any time.
