Collusion includes cooperation between two or more users that limits open competition, discourages other users from participating in an auction, can be viewed as team Bidding or any other team use that detracts from the spirit and enjoyment of the MadBid auctions. Collusion includes any activities that give the impression that there is more competition than there actually is:
- Users in a group all bidding on the same item to give the appearance that there are many users going after the item
- Users allowing one group member to bid on an item and then stop bidding and having another group member begin bidding on the item
- Members of the same household/family/group of friends bidding in tandem on an item
- Pooling of money between users for any auctions
- A group of users intentionally targeting a single customer
In the event that MadBid suspects that users are working in collusion with each other, MadBid reserves the right to investigate the matter further.
In the event that MadBid determines two or more users are colluding, MadBid reserves the right to disqualify the user/s. Users whom have been found to be colluding by MadBid will be disqualified from any auction in which they are determined to be colluding in and will not be refunded any bids placed in the auction. MadBid may contact these users and provide them with a list of users that they may not participate in the same auctions with/against. Only one person is allowed to bid on one individual auction. The person may not be the member of a colluding team. Members of the same household, family members, partners, spouses and friends will not be allowed to participate in the same auction. If there is an exceptional circumstance, such as a credit card not working, a user may contact MadBid ahead of time and ask for a special exception. It will be at MadBid’s discretions whether or not to approve any outstanding circumstances.
Furthermore, MadBid reserves the right in its absolute discretion to restrict the number of sales in which a User may participate or may win Exact auction limits are listed.
MadBid reserves the right to disqualify users who have created more than one account. MadBid further retains the right to disqualify user accounts where it can be proven that more than one person has been Bidding from one account.
MadBid has the right to disqualify a user and/or his winnings if MadBid deems that a particular user or users have used unfair means to win an auction. MadBid shall neither be liable to return any Bids, purchased or non-purchased, nor is MadBid liable to reimburse any monies that have been used to purchase Bids or products. This is to protect the right of its users as well as MadBid itself.
MadBid.com is UK based with operations in several countries, its operation is bound by all applicable laws. If your IP address based outside of our normal area of operation, we may suspend service to preserve the quality of service for our local customers and because we may not be properly licensed to operate in that country.
Users may not hold MadBid responsible for any loss you may incur as a result of MadBid taking any of the actions outlined above. Any of the actions outlined above may lead to the suspension of service, including the suspension of active Auto-Bids.
Purchasing Bids and Payment
Bidding rights, so-called "Bids", have to be purchased by Users prior to online Bidding. Only registered Users can submit the convenient online Bids, which can be purchased in packages (so-called “Bid Packages”) at the currently applicable prices, which can be viewed under "Buy Bids" on www.madbid.com.
All the Bids must be paid for in advance. Purchased Bid 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, PayPal or U-Kash. Payments may not be made over the phone.
When the Bids are purchased and deposited into the User’s MadBid account, a contract for the purchase of the Bids is created.
Should a Bid payment not be honoured by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by MadBid. MadBid reserves the right to block access to the user account until payment in full of the invoice amount, including any fees due for returned payment, etc., and to withhold any outstanding deliveries until payment in full. MadBid also reserves the right to temporarily block access to an unverified user accounts that appear to be abusing the spirit of MadBid by purchasing large volumes of Bids until identification has been verified.
All types of Bids (e.g. "free Bids", "special offers" or "Bids purchased in bundles") have a expiration date. Upon expiration of the time limit stated, the Bids expire and can no longer be used. There will be no refund for Bids that have not been used before expiration. All purchased Bids expire after 120 days. All free Bids expire in 60 days from the date when the Bid has been credited on a user's MadBid user account. All discount codes issued have a time limit. Discount codes must be used during the specified time in order to be valid. Discount codes will not be applied retroactively. Please check the terms and conditions of each discount code for details.
Any special promotions presented by MadBid shall only be valid if they are announced on MadBid’s website, MadBid’s newsletter, MadBid produced T.V., radio or print advertisements. Any promotions of a limited duration shall likewise be announced on the website or MadBid produced newsletters, T.V., radio or prints advertisements. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended. Promotional codes are non-transferable.
Bidding, Auto-Bids and Daily Bids
There are two options available through online Bidding; individual Bids may either be submitted through the Bidding functionality, or be placed through the Auto-Bid function. Once a Bid has been submitted, it is deducted from the User’s account cannot be retracted.
Non-registered users can only Bid in auctions by sending a Short Message Service message ("SMS") and by texting the corresponding product number. The costs for the Bid are invoiced to the User via their mobile telephone operator. The cost of Bidding via SMS is clearly stated on the MadBid website. MadBid can not accept SMS Bids from withheld or hidden mobile numbers. The User must, therefore, disclose his or her phone number to ensure that MadBid can accept the Bid and allocate it to their mobile phone number.
The Auto-Bid tool allows bidders to Bid in an auction even if they are not online at that time. Only registered and confirmed Users can submit Bids automatically with one or more Auto-Bids. The Auto-Bid automatically submits Bids according to the parameters set in advance by the User. The User can read about precisely how the Auto-Bid operates in the "FAQ" section.
Daily Bids can be claimed by any User who has purchased a Bid package of any size in the last 15 days. A daily Bid can be collected once per day by clicking on the "Claim your daily Bid!" link under Member Controls.
The Bidding Process
An auction will begin at a specified time. Each auctioned item will begin at £00.00. The timer will begin to count down for a designated time and users may place Bids. With each Bid submitted, either online or by SMS service, the price of the item on which the User is Bidding increases by 1 pence. Each time a user places a bid, the timer will start over. The last user to place a Bid before the auction closes is deemed to be successful Bidder and will be extended an offer to purchase the item for the closing price plus VAT, shipping and handling by following all the steps necessary to complete the sale. In the event that an auction closes prematurely or irregularly, MadBid reserves the right to rescind the offer to purchase the item. (Details regarding these situations are outlined below)
MadBid reserves the right to change the auction times at any time. Additionally, MadBid can add, reschedule or remove products from the MadBid.com website at anytime without notice, including auctions which are already in progress or live . An auction is deemed to have closed when the timer on the auctioned item counts "closed" and no users have placed a Bid. Users should be aware that the timer available to the user is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by MadBid servers. MadBid will use its best endeavours to ensure that users timers are as accurate as possible. In the event that MadBid cancels an auction, MadBid may give bids back to affected users.
Auctions have designated auction hours. These hours will be listed on the auction specific page. Auctions which pause during the night will resume at the designated time, the next day.
The last Bidder is determined by MadBid’s database. In the event of any dispute occurring, it is MadBid’s decision on who is the last Bidder shall be final.
All other Bids on the item expire and will not be refunded.
In order to keep the auctions interesting for all Users MadBid.com will restrict Users from participating in MadBid.com auctions in the following two cases: (i) if the User has won two products on the same day and (ii) if a User has won 10 products within a 30 day period. Special limits apply to high value items as posted on the website.
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 our 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 MadBid.com auction platform, the countdown timers for all (or some) live auctions may 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. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem.
Alternatively, Marcandi Ltd. has the right to restart all auctions from the beginning, once the technical problem has been rectified.
Marcandi Ltd. may attempt to return purchased Bids (not free Bids) placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem.
Should Marcandi Ltd. 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.
Notification, Acceptance and Payment of Won Auctions
When an auction closes, a notification is automatically sent by email to the final bidder. 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, MadBid 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 My MadBid.
After the auction has ended, if the last bidder is online ("Winner"), they have access to all of the important sale information such as the total price (sale price plus VAT and shipping and handling costs), and payment options on the "My MadBid" page.
The winning User must actively confirm the win by following the steps indicated under My MadBid.
MadBid reserves the right to withdraw an offer after 30 days unless the winner contacts MadBid with a reason to delay payment and MadBid agrees to hold the item. In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 30 days of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning user’s right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund Bids once the auction has ended, even if the winner does not exercise their option to purchase.
The winning bidder will also receive a notification of the win by e-mail or SMS with a request for payment.
SMS bidders will be notified through text message by MadBid to the same phone number that was displayed during Bidding. Upon winning an auction, they have the option to register on MadBid website where they can accept the win.
The User must pay the total price (sale price plus VAT and shipping and handling costs) no later than 30 days after the notification of the win is sent. After this deadline has passed, MadBid can set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of Bids.
The item will not be sent to a User until the total price of the item and any outstanding Bid payments due have been paid to MadBid. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the Bids and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all Bids and the total price has been paid for in full. MadBid reserves the right to charge the winner reasonable storage charges for items won through MadBid auction but not yet paid for.
Cancellation and Rescission
MadBid grants to the User ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce.
The right to cancel does not cover purchase of audio and video recordings or of software, if and to the extent that the security seal on the delivered media has been broken by the consumer. This does not affect the consumer’s statutory rights.
Purchase contracts with parties who are not retail consumers are treated by MadBid as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by MadBid or required by law).
Cancellation Instructions
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 page on this website:
E-Mail: info@madbid.com
Consequences of Cancellation
In the case of a valid cancellation, both parties must return what has been received in performance of the purchase order and the benefits derived there from (e.g. interest) as applicable.
If the User is unable to return to us the service or product received or is only able to return it in part or in a depreciated condition, the User will have to pay compensation to MadBid, to cover the loss of value, unless the deterioration resulted from unavoidable use or as a result of a manufacturing fault.
In other respects, the User may avoid this duty to pay compensation by not using the item(s) as the User would his own property, and by refraining from any action that would detract from its value. Items that have been delivered via Royal Mail or another carrier should be returned via the same method in the original packaging where possible. In these cases, return is free of charge for the User. Items that cannot be returned via this method will be collected by MadBid’s agents through co-ordination with the User. The User must pay any compensation as required by depreciation of auction items delivered to the User, within 30 days after sending notice of cancellation.
If the User cancels by the deadline of two weeks, they are not obliged to take delivery of the item. MadBid will refund the purchase price already paid. There is no entitlement to a refund or replacement of the Bid(s) used in the auction process.
If the customer decides to cancel after delivery and no misrepresentation has been made about the item by MadBid or any of its partners on MadBid.com, the customer is responsible for the costs of the return shipment if total final auction price (auction closing price including VAT and shipping and handling) of the returned item does not exceed a sum of £40.00, or, if the item price is greater than £40 and the partial or total item price has not been paid by the winning bidder/user.
Should MadBid incur additional costs for insufficient postage on the returned item, or for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above reasonable postal delivery costs, these costs will be deducted from any refund paid to the customer. Sets/boxed items can only be returned in their entirety.
Delivery
Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the delivery address provided by the User.
Deliveries are made solely within the UK including Northern Ireland (exclusively on the mainland, otherwise only upon inquiry).
As MadBid 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. MadBid 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 Madbid concerning, a damaged or incorrect item within 3 days of delivery constitutes acceptance of the item as is. MadBid does not accept liability for damage or failure of products due to neglect or misuse by the recipient.
In the event that MadBid’s delivery partners are not able to deliver the item within a reasonable time, MadBid shall be entitled to offer the winning User a substitute item with comparable or better features, or to set aside the contract through rescission and offer a refund of any payments received for the auction item. This does not affect the User’s statutory rights.
In the event that a user fails to provide a shipping address recognized by Royal Mail we will ask you for confirmation. If you fail to respond within 30 days with a valid address, your item will be forfeited.
Offsetting, Withholding Payment and Retention of Title
The User shall only have the right to offset if his or her counter claims that have been upheld by a court of law or are not disputed by MadBid.
The User shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.
The item delivered shall remain in MadBid’s property until payment is made in full of the total price and the Bids used in the sales activity. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. MadBid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
Damages, Reimbursement of Expenses and Limits on Liability
Claims for damages by the User against MadBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, MadBid 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 MadBid, its legal representatives, or parties assisting it in performance. This shall also not apply if MadBid expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.
Insofar as MadBid is insured for its liability for any damage, MadBid can also assign any entitlement to insurance settlement to the injured party. The User shall be obligated to accept this assignment.
Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
Liability for damage arising from loss of life and limb, health, or well being, and that according to product liability law shall not be affected hereby.
Guarantee and Return policy
The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them and subject to what is authorized by the manufacturer in the instruction manual. All other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
The item descriptions on MadBid.com are provided according to the best of MadBid’s knowledge and belief. These descriptions do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on MadBid.com may differ from those actually supplied.
In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to MadBid the item already delivered within 30 days at MadBid’s expense. MadBid reserves the right to assert damages under the conditions set down by law
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
If the User chooses to return the item to us, please email to our Returns Support Centre (within 10 days of receipt) returns@madBid.com.
If you find that MadBid has sent you an incorrect item, please contact us at returns@madBid.com. A MadBid representative will then contact you with instructions on how to return the item. If the instructions provided by MadBid are followed there will be no charge for the return. MadBid will send the User the replacement as soon as the original item is received by MadBid.
The User must return the original item to MadBid.com within 30 days of our email confirming the issue of the replacement item In case of delays MadBid holds the right to cancel the issue of replacement.
Technical Errors, Cancellations of Auto-Bids and Unforeseen Circumstances
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 MadBid.com auction platform, the countdown 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. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem.
MadBid 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.
Alternatively, Marcandi Ltd. has the right to restart all auctions from the beginning, once the technical problem has been rectified.
Marcandi Ltd. may attempt to return purchased Bids placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem. Free Bids will not be returned.
Auto-Bids may close before the users wishes them to for several reasons including but not limited to: a user running out of Bids in the user’s account, a user may reach a winning limit (the details of which are outlined below) or there may be a technical error in which auctions prematurely close. It is up the individual user to keep their Auto-Bids active. In the event of a technical errors, MadBid will use its best endeavours to ensure that Auto-Bidders are notified of any errors, however, notification is not guaranteed.
A delay in delivering notification of an Auto-Bid closing is not grounds for complaint. MadBid will not be held liable in the event that the following situations should occur:
1.) MadBid legitimately closes an active Auto-Bid and there is a delay in the user receiving a notification SMS or email.
2.) The Auto-Bid closes due to unforeseen reasons and MadBid does not notify users or the user does not receive the notification SMS or email.
3.) The Auto-Bid closes due to unforeseen reasons and the user receives the SMS or email notification from MadBid.
In the event of a technical error, MadBid will use its best endeavours to restore a users Auto-Bids, however, restoration of Auto-Bids is not a guarantee and failure to do so is not grounds for grievance or compensation.
Should Marcandi Ltd. 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.
Applicable Law and Severability Clause
This User Agreement shall
governed by the sole jurisdiction of England and Wales. Furthermore, this User Agreement shall exclude application of the UN Convention on the International Sale of Goods.
Forum Selection Clause
In the event of a dispute between users and MadBid, suit may only be brought in the court of England. MadBid 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.
MadBid 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.
Reg No: 6609609
VAT Reg No: 934 925792.
