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Terms & Conditions This Trade
Clearance Auctions website (www.thebidmaker.com) is provided by Mimo Logistics
Limited (referred to as "Mimo/bidmaker/we/our/us"). As a user of this
website on behalf of the business you represent (referred to as
"you/your"), and acknowledge that any use of this website including
any transactions you make ("use/using") via this website are subject
to the terms and conditions below and the Bidmaker Trade Clearance Auctions ·
1. ·
General ·
1.1 ·
We reserve the
right to change these terms and conditions at any time. Any such changes will
take effect when posted on the website (see date at the top) and it is your
responsibility to read the terms and conditions on each occasion you use this
website and your continued use of the website shall signify your acceptance to
be bound by the latest terms and conditions. ·
1.2 ·
We reserve the
right to modify or withdraw this website (or any part) at any time without
notice. ·
1.3 ·
By using this
website you confirm that you are doing so in the course of business and not as a
consumer and have authority to bind any business on whose behalf you use this
website. ·
1.4 ·
You agree to
ensure that your registration details are up to date and accurate and to update
any details when necessary using the My Account page on the website. ·
1.5 ·
We reserve the
right in our absolute discretion to refuse any application to register and
access the website services and to temporarily or indefinitely suspend any
registered members. ·
1.6 ·
You are
responsible for keeping your personal user name and password secure and
confidential. You should not share, display, disclose or permit your user name
or password to be disclosed to any other party. ·
1.7 ·
If you believe
that your user name and/or password has become known to another person or you
are aware of any breach of security regarding the online services, then you must
notify us as soon as possible. ·
1.8 ·
You agree to
comply with all applicable laws, statutes and regulations concerning your use of
the website. ·
1.9 ·
The Bidmaker
Clearance Site is open to all UK residents aged 18 or older, except employees of
Bidmaker and their immediate families, agents and affiliates or anyone involved
with the site. ·
2. ·
Online auction ·
2.1 ·
You can only
make a bid and use the online auction facility if you have registered on the
website. You agree to comply with the Bidding Rules and FAQs and any other
instructions and notifications posted on the website from time to time in
relation to the use of the online auction facility. ·
2.2 ·
Any bid that
you make via this website will constitute a legal offer to buy the product(s)
from Bidmaker. Bidmaker will notify you by acknowledgement e-mail if your bid
wins. This acknowledgement e-mail does not constitute legal acceptance of your
winning bid by Bidmaker. ·
2.3 ·
By bidding for
a product you agree to be bound by any conditions of sale included in the
product description on the website. ·
2.4 ·
Any bid that
you submit will remain open for the period specified on the website. ·
2.5 ·
The winning
bid in any auction will be the first highest bid that exceeds the reserve price
(if any) and meets the conditions that are specific to that auction. ·
2.6 ·
If your bid is
successful you will be contacted by Bidmaker to confirm that you have placed the
winning bid. Legal acceptance of your bid will not take place until Bidmaker
acknowledges your winning bid and full payment has been received by Bidmaker for
the product(s) and the product(s) have been collected in accordance with these
terms and conditions. ·
2.7 ·
When you place
a bid, then you acknowledge and agree that if you have placed the highest bid
and acceptance of your bid takes place in accordance with Section 2.6 above,
then you will have entered into a legally binding contract to purchase the
product(s). ·
2.8 ·
Bidmaker have
full discretion to refuse to accept your bid or withdraw any lot for whatever
reason at any time. Bidmaker shall also have the right in its discretion to
cancel or stop an auction at any time for example, where an error appears on the
website in respect of a reserve price. ·
2.9 ·
Where Bidmaker
is unable to contact you within 3 working days of the closure of the auction
and/or at any time that there is a problem with receipt of payment, then
Bidmaker will be entitled in its discretion to offer the product(s) to the next
highest bidder, to re-auction the product(s) or dispose of the items by any
other means. ·
2.10 ·
Bidmaker are
entitled to set applicable minimum bid or reserve prices for product(s)
auctioned via the website and Bidmaker shall be entitled to change these at any
time during the auction period. If an auction subject to a reserve ends and the
reserve price is not met, then no contract to purchase the product(s) will take
place. ·
3. ·
Products ·
3.1 ·
Product(s) for
sale via the website fall into one of the following four categories: ·
"A-" ·
Customer
returns and ex display in virtually "As New" condition & complete
with all accessories. ·
"B+" ·
Customer
returns in graded condition with minimal signs of use. Complete with accessories
(may not have instruction books). Mostly in original boxes. ·
"B-" ·
Customer
returns missing some accessories but working. More visible signs of use. ·
“Untested Returns" ·
This stock
comprises of mixed products that are deemed unfit for resale. These will
include: ·
1. ·
Mostly returns
from customers as “faulty” although no testing at store or warehouse has
taken place. This product could be missing some accessories. Model changes could
have occurred which may mean you receive a similar or same specification item. ·
2. ·
Returns from
customers under our 30 day money back guarantee policy that are technically OK
but the packaging is damaged. ·
3. ·
Products
damaged in our own distribution or store processes. Products which cannot be
resold following return either because they are personal care items such as
shavers or digital storage devices. e.g. Digital cameras or MP3 players ·
4. ·
All
‘Untested Returns’ sold by Bidmaker through this website are sold on the
condition that the merchandise will either be repaired, reworked or recycled by
the purchaser to allow future resale to an end user, or alternatively will be
resold as second hand in the same condition that it is purchased from Bidmaker.
This product is sold on the understanding that it will not be resold as
‘new’ and that any electrical products will be tested by a qualified
electrician before resale. To the fullest extent permitted by law, Bidmaker
gives no warranty or representation of any kind, either express or implied, as
to the quality,condition or fitness for purpose of the merchandise, nor is any
warranty or representation to be taken to have been given or implied from
anything said or written in negotiations with Bidmaker or their representatives
prior to purchase. By purchasing ‘untested returns’ through this
website you undertake to ensure that either you, or anybody subsequently
purchasing some or all of this product from you with the intention of selling
these products on to members of the public, fully comply with all current and
future Waste Electrical & Electronic Equipment (WEEE) regulations &
General Product Safety Regulations (GPSR), and that upon purchase of the
merchandise from Bidmaker you will indemnify Bidmaker from all obligations with
regards to final disposal or resale of the merchandise in line with both WEEE
& GPSR regulations and any other such regulations that come into force as
part of UK or EU law. ·
3.2 ·
Many items are
sold without a detailed list as they are clearance. These sort of auctions are a
lucky dip and you should bid with that in mind. You can make an appointment to
view stock before the auction closes. No complaints will be accepted for the
quality of the contents as bids start from 99p. It is your responsibility to bid
up to what you feel the item is worth to you. ·
3.3 ·
No statement
made by any person as to the quality or condition of any merchandise on offer is
to be relied upon for the purpose of making an offer to purchase. ·
3.4 ·
All
merchandise is sold on an "as seen" basis. It is the prerogative of a
prospective purchaser to inspect the merchandise offered for sale. Bidmaker will
assume that such an inspection has been made by you. Arrangement to inspect must
be made with the appropriate warehouse staff as indicated on the website.
Inspection will be allowed on reasonable notice to assess the condition only. ·
3.5 All
items are dispatched with a basic insurance cover of Ł200 a box. If you require
enhanced insurance please contact us. It is your responsibility to make sure
goods are returned to us withing the condition they were supplied if we do agree
to any return ·
4. ·
Collection and Delivery ·
4.1 ·
All product(s)
are for delivery only no collections are allowed. Price of delivery is stated in
each auction. ·
4.2 ·
Risk of loss
and damage of product(s) passes to you on the date when the products are
Delivered and signed for. Title and ownership of product(s) will pass when full
payment has been processed and received by Bidmaker and the product(s) have been
deliverd. We accept no responsibilities for shortages after you have checked and
signed for goods. ·
Payment ·
5.1 ·
Payment in
full is required to clear before any merchandise can be removed from an Bidmaker
warehouse. Payment should be made by: (a) Bank Credit Transfer /Credit/Debit card through
Streamline. Please be advised payment by cheque is not accepted.
·
5.2 ·
The price you
pay is the bid price. If we discover an error in the reserve price of product(s)
on the website and your bid is below the reserve price, we will inform you as
soon as possible. In such circumstances, we will treat the bid as cancelled. If
you have already paid for the product(s), you will receive a full refund. ·
5.3 ·
All displayed
prices exclude VAT and delivery charges (unless expressly stated otherwise).
Please see the website for itemised details of applicable VAT and other
charges). ·
6. ·
Returns ·
6.1 ·
No returns
will be accepted and no credit will be allowed for previously undiscovered
defects, discrepancies in description or in quoted quantities. This does not
affect any statutory rights that you may have to the extent that such rights are
not excluded or limited under these terms and conditions. ·
7. ·
Intellectual Property ·
7.1 ·
You
acknowledge and agree that all copyright, trademarks and all other intellectual
property rights in all materials and/or content made available as part of your
use of this website shall remain at all times vested in us or our licensors. You
are permitted to use this material only as expressly authorised by us or our
licensors. ·
7.2 ·
You further
acknowledge that any other use of the material and content of this website is
strictly prohibited and you agree not to (and agree not to assist or facilitate
any third party to) copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content. ·
7.3 ·
You are not
permitted to use any Bidmaker trademarks, logos or service marks whether
registered or unregistered without Bidmaker prior written consent. You may not
frame or utilise framing techniques that include any Bidmaker proprietary
information such as images, text or page layout without Bidmaker' prior written
consent. ·
7.4 ·
In relation to
any information, materials or other content that you submit to us via this
website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and
fully sub-licensable right to use and reproduce such information, ideas,
know-how, concepts, techniques and materials for any purpose, including without
limitation the copying, transmission, distribution and publication unless
restricted by applicable law. ·
8. ·
Liability and Indemnity ·
8.1 ·
Nothing in
these terms and conditions excludes or limits liability for death or personal
injury caused by negligence, fraudulent misrepresentation, or any other
liability which may not otherwise be limited or excluded under applicable law. ·
8.2 ·
Subject to
Section 8.1 above, Bidmaker will use reasonable endeavours to verify the
accuracy of any information on the site but makes no representation or warranty
of any kind express or implied statutory or otherwise regarding the contents or
availability of the site or that it will be timely or error-free, that defects
will be corrected, or that the site or the server that makes it available are
free of viruses or bugs or represents the full functionality, accuracy,
reliability of the website. Bidmaker will not be responsible or liable to you
for any loss of content or material uploaded or transmitted through the website
and Bidmaker accepts no liability of any kind for any loss or damage from action
taken or taken in reliance on material or information contained on the site. ·
8.3 ·
Subject to
Section 8.1 above, other than as expressly provided in these terms and
conditions with respect to specific products and except for the exclusive
remedies set out at Section 6 above, any indemnities, warranties, terms and
conditions (whether express or implied) are hereby excluded to the fullest
extent permitted under applicable law. ·
8.4 ·
Subject to
Section 8.1 above, Bidmaker will not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations (other
than fraudulent misrepresentations) or otherwise out of or in connection with
the terms and conditions for any economic losses (including without limitation
loss of revenues, data, profits, contracts, business or anticipated savings); or
loss of goodwill or reputation; or consequential, special or indirect losses
suffered or incurred by that party arising out of or in connection with the
provisions of any matter under these terms and conditions. ·
8.5 ·
Notwithstanding
the above, subject to Section 8.1 Bidmaker' aggregate liability (whether in
contract, tort or otherwise) for loss or damage shall in any event be limited to
a sum equal to the amount paid or payable by you for the product(s) in respect
of one incident or series of incidents attributable to the same cause. ·
8.6 ·
Bidmaker and
you acknowledge and agree that unless expressly included in these terms and
conditions the requirements of the Electronic Commerce (EC Directive)
Regulations 2002 are excluded to the fullest extent permissible by law. ·
8.7 ·
We will take
all reasonable precautions to keep the details of your order and payment secure,
but, unless we are negligent, we cannot be held liable for any losses caused as
a result of unauthorised access to information provided by you. ·
8.8 ·
You agree to
fully indemnify, defend and hold us harmless immediately upon demand from and
against all actions, liability, claims, losses, damages, costs and expenses
(including legal fees) we incur arising directly or indirectly as a result of
your breach of these terms and conditions. ·
9. ·
Miscellaneous Provisions ·
9.1 ·
To the extent
permitted by applicable law, the contract between us shall be governed by the
laws of England and any dispute between us will be resolved exclusively in the
courts of England. English is the only language offered for the conclusion of
the contract. ·
9.2 ·
Unless
otherwise stated, we have selected our products on the basis that they will be
used for domestic use only. If you are planning to use them for business
purposes, please make sure that you are covered by appropriate insurance. ·
9.3 ·
Bidmaker shall
be under no liability for any delay or failure to perform any obligation as
specified in these terms and conditions if the same is wholly or partly caused
whether directly or indirectly by circumstances beyond its reasonable control. ·
9.4 ·
To provide
increased value to our customers, we may provide links to other websites or
resources for you to access at your sole discretion. You acknowledge and agree
that, as you have chosen to enter the linked website, we are not responsible for
the availability of such external sites or resources, and do not review or
endorse and are not responsible or liable, directly or indirectly, for (i) the
privacy practices of such websites, (ii) the content of such websites, including
(without limitation) any advertising, content,products, goods or other materials
or services on or available from such websites or resources or (iii) the use to
which others make of these websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of or
reliance on any such advertising, content, products, goods or other materials or
services available on such external websites or resources. ·
9.5 ·
You may not
assign or sub-contract any of your rights or obligations under these terms and
conditions or any related order for products to any third party unless agreed
upon in writing by Bidmaker. ·
9.6 ·
Bidmaker
reserves the right to transfer, assign, novate or sub-contract the benefit of
the whole or part of any of its rights or obligations under these terms and
conditions or any related contract to any third party. ·
9.7 ·
If any portion
of these terms and conditions is held by any competent authority to be invalid
or unenforceable in whole or in part, the validity or enforceability of the
other sections of these terms and conditions shall not be affected. ·
9.8 ·
These terms
and conditions do not create or confer any rights or benefits enforceable by any
person that is not a party (within the meaning of the U.K. Contracts (Rights of
Third Parties) Act 1999) except: a) Mimo Logistics LTD (as defined below) shall have
the right to enforce any rights or benefits under these terms and conditions; b) Mimo Logistics LTD Group shall have the right to
enforce and take the benefit of the rights or benefits of any limitation or
exclusion or limitation of liability in these terms and conditions; c) a person who is a permitted successor or assignee
under Section 8.8 above of the rights or benefits of these terms and conditions
may enforce such rights or benefits. d) No consent from the persons referred to in
Section 8.9 is required for the parties to vary or rescind these terms and
conditions (whether or not in any way that varies or extinguishes rights or
benefits in favour of such third parties). ·
9.9 ·
No delay or
failure by Bidmaker to exercise any powers, rights or remedies under these terms
and conditions will operate as a waiver of them nor will any single or partial
exercise of any such powers, rights or remedies preclude any other or further
exercise of them. Any waiver to be effective must be in writing and signed by an
authorised representative of Bidmaker. ·
9.10 ·
These terms
and conditions including the documents or other sources referred to in these
terms and conditions supersede all prior representations understandings and
agreements between you and Bidmaker relating to the use of this website and sets
forth the entire agreement and understanding between you and Bidmaker for your
use of this website This Bidmaker Trade Clearance Auctions website
(provided by Mimo Logistics Limited)
is operated by Mimo Logistics LTD BH15 3SY We recommend that you print out a copy of these
terms and conditions for your future reference. If you have any questions regarding this Bidmaker
Trade Clearance Auctions website please see the Contact Us web page for more
details. |
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