BiDWiZ.co.uk Terms and Conditions
1. DEFINITIONS
Bid means a bid placed or to be placed on an auction (Unique,Non Unique or Ruled Out).
Bid Bank means a package of Bids that may be used when bidding for Products on Our Site.
Bid Cost means the fee paid for the Bid in question.
Bidder means a person who has placed a Bid.
Bid Quota means the minimum number of Bids that must be placed for an auction to be closed
Countdown means the remaining duration of the auction
Item Retail Price means the retail value of the Product in question which appears on Our Site. Item Retail Price cannot be accurate and updated at all times, is not binding, does not constitutes a representation of any sort and shall not be exchangeable or sought in lieu of the Product itself, under any circumstances.
Maximum Bid means the maximum Bid which a Bidder may place on an auction.
Our Site means the website, www.BiDWiZ.co.uk.
Products means products listed on Our Site.
Us or We means Systematic Entertainment Shopping Limited.
Win or Won means winning the auction by placing the highest unique Bid under the limit imposed by Us.
Winning Price means the value of the highest unique Bid under the Maximum Price limit set for the auction.
2. ACCEPTANCE
This page (together with the documents referred to on it) sets out the terms and conditions that apply to your use of Our Site and the terms and conditions on which you will be entitled to bid for and purchase any of the Products. Please read these terms and conditions carefully before using Our Site. You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them and by doing so you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to register or participate in any auction on Our Site.
3. INFORMATION ABOUT US
www.BiDWiZ.co.uk is a site operated by Us. We are managed by Systematic Trade Limited registered in England and Wales under company number 06433492 with our registered office at Cobat House, 1007 London Road, Leigh on Sea, Essex SS9 3JY United Kingdom.
4. YOUR STATUS
By using Our Site, you warrant that:
4.1 You are legally capable of entering into binding contracts;
4.2 You are at least 18 years old. You may be required to provide proof of your identity and age before receiving a Product you have won. Any Bids by persons under the age of 18 will be deemed invalid and Bid Fees paid will not be refunded to you in such circumstances;
4.3 You have a valid credit or debit card issued in the United Kingdom, Ireland or Isle of Man;
4.4 You are resident in the United Kingdom; Ireland or Isle of Man;
4.5 You are accessing Our Site from the United Kingdom, Ireland or Isle of Man.
4.6 You have a valid and functioning Email address. Please note any notice shall be deemed duly given within 24 hours of being sent to the email address you provided.
It is clarified that if you do not fulfill these requirements the We shall have, inter alia, the right to delete your registration and prevent you from registering again in the future
5. REGISTRATION AND DEPOSITING MONEY INTO YOUR ACCOUNT
5.1 During the registration process, you must create a user name and valid e-mail address which is not offensive, does not offend common decency and does not infringe upon the rights of any third parties. User accounts created during registration are non-transferable and may be used by you only. You are solely responsible for your profile and any activity on it, and must keep your password secure. As soon as you become aware of any unauthorised use of your profile or password, you must notify Us at info@bidwiz.co.uk immediately. We will not be liable for any losses caused by any unauthorised use of your profile.
5.2 We reserve the right to temporarily or permanently disqualify you or disable your account when, in our reasonable opinion, you have breached these terms and conditions. You may also be disqualified or your account may be disabled:
5.2.1 if such action will protect the rights of other users of Our Site;
5.2.2 to prevent unauthorised manipulation or use of Our Site (for example, without limitation, non-payment of Bids, use of unauthorised third-party bidding software or set up of multiple user accounts by you);
5.2.3 if you provide any false or misleading information;
5.2.4 if you have previously not paid for Products won on Our Site;
5.2.5 if payment was previously blocked or refused for any reason whatsoever;
5.2.6 if you and one or more other Bidders agree, discuss or otherwise co-ordinate your Bids in an attempt to increase your overall possibility of winning above what would otherwise be the case if you acted separately;
or
5.2.7 if a fraudulent credit or debit card is used or the bank or other credit institution reverses the credit or debit card transaction, for a Bid Fee or any other payment.
5.3 If you breach these terms and conditions, we reserve the right to block access to your account and/or to withhold any outstanding deliveries.
5.4 After registration, you will be entitled to deposit funds into your account for the purchase of Bids in due course. Funds 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 Bids. You acknowledge and agree that you will not be paid any interest for any funds held by Us in your account.
5.5 If your account is inactive for 12 months, any funds in your account at that time will be forfeited. You acknowledge and agree that We will be entitled to remove such funds from your account and close your account.
5.6 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.
5.7 You may only purchase Bids to the extent that funds have been deposited into your account in accordance with paragraph 5.6.
5.8 You may not withdraw or be refunded any funds that have been deposited into your account once any part of the deposit in question has been used to purchase Bids or you have used any promotional gift offer or free bids. There is a 9% administrative charge on refunds.
5.9 We reserve the right to take whatever action We consider appropriate if you have acted fraudulently in instituting a chargeback.
6. Membership
6.1. Bidwiz offers a monthly subscription membership that is automatically renewable for fee of £59.99 per month.
All members will enjoy value added benefits:
· 100% Bonus on your first Deposit.
· One time offer of 20 free extra bids upon membership.
· 5 Free Bids every day during your membership subscription period.
· Free shipping (in the UK).
· 50 Free bids on the Monthly Special Auction.
· Welcome gift (which will be automatically delivered to your address).
· Approximately value of benefits: £300.00 per month
A "Free Bid” is usable in any auction, regardless of the participation fee set per auction (usually between £0.25 and £4.00).
Please note specific terms may apply to specific auctions, and if so, it shall be noted on the auction page.
BIDWIZ CURRENTLY ALLOWS FREE BIDS TO ACCUMULATE BUT WHICH WILL EXPIRE IF UNUSED ATER 6 MONTHS.
You may review you membership details, the benefits and the pricing options available by clicking on "My Account".
6.2. Minimal 3 months membership period: All membership subscriptions are binding for a minimum period of 3 months ("minimal membership period").
6.3. Cancellation: You (or BidWiz) may always cancel your membership by emailing info@bidwiz.co.uk. Please state your username with any request. If you wish to cancel your membership before the minimal membership period has expired, you may do so for a one-time cancellation fee of £28.00, provided that: (a) you return your Welcome gift, unused and unopened, in its original package; and (b) only if you did not use any promotional gift offer or free bid.
6.4. Refunds Policy: Please note any and all fees are non-refundable. Cancellation instructions shall be processed within 7 business days from receipt of request.
6.5. Unused Bids Expiration: Without derogating from the other terms and conditions set herein, any unused bids will expire (at the latest) after 6 months from the date they were purchased or received.
7. BIDS AND BIDDING
7.1 You will be provided with the following details in relation to each auction:
7.1.1 the Item Retail Price;
7.1.2 the Bid Cost;
7.1.3 the Maximum Price;
7.1.4 the Bid Quota; and
7.1.5 the Countdown.
7.2 Bids will be disqualified if:
7.2.1 two or more Bids are submitted with identical values, in which case both (and subsequent) Bids at that value will be disqualified;
7.2.2 you submit more than nine Bids ranked in the first 50 places, in which case your tenth Bid will be disqualified, with the Bid that is disqualified being the Bid with the lowest value of the ten Bids;
7.2.3 you submit four Bids that are ranked consecutively, in which case the Bid with the lowest value of those four consecutive Bids will be disqualified. Bids will be disqualified in accordance with paragraphs 7.2.1 to 7.2.33 in real time and you will be charged a Bid Fee for any Bid that is disqualified.
7.3 The winning Bid will be the highest unique Bid closest to the maximum price at the end of the auction.
7.4 In the event that all possible bids are exhausted in an auction, the auction will close and the winner will be decided by the participant placing the most bids.
7.5 Each auction on Our Site will be closed when the requisite quota of Bids has been met and the stipulated time remaining has reached zero. In certain circumstances, the time remaining on an auction may be extended. You will always be advised of such extension.
7.6 If there is no activity on an auction for a period of at least 72 hours, that auction will be closed. If an auction is closed prior to the quota of Bids being met, all Bid Fees in relation to that auction will be refunded to your BIDWIZ account for use in other auctions.
7.7 Bid Fees are non-refundable unless the auction is cancelled. Once Bids are placed, they can be neither withdrawn nor modified. All Bids placed will be charged a participation fee.
7.8 A bidder who wins a Bid Bank, shall not be entitled to participate in further auctions for Bid Banks until he has exhausted all remaining Bids in his account.
7.9 There may be a period of up to 30 working hours from when an auction closes until the auction results are announced. This period is to allow for the reconciliation of Bids and the auditing of results. Upon conclusion of an auction the Bid values will be revealed in an anonymised manner. Such information will be made available for approximately one week.
7.10 We reserve the right to:
7.10.1 limit the number of auctions you may participate in or Win at our own discretion;
7.10.2 To suspend an auction at any time in the event of technical problems or in order to investigate suspected irregular or fraudulent activity (including use of any automatic bidding programmes).
7.10.3 It is hereby clarified that participation in our auctions on our website is strictly based on individual (multiple accounts is not permitted). Therefore any collaboration between users is strictly forbidden.
7.10.4 Should we gain knowledge of any collaboration between two or more users in any auctions, we will suspend immediately without any notice the said user’s activities on our website until a thorough inspection is conducted.
7.10.5 Should an inspection show any form of collaboration taken place, we will disqualify any winnings of the users and the product won shall not be provided.
7.10.6 Should the case of collaboration reoccur the said users shall be permanently banned from participating on our website.
7.10.7 For the purposes of this section the term "collaboration" means also one user participating in an auction under two different user names.
7.11 Our employees, shareholders and members of such persons’ families may not submit Bids.
The management of BiDWiZ reserves the right to act upon their discretion in implementing any of the Terms and Conditions.
8. YOU HAVE WON AN AUCTION - HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 After an auction has ended, if you have Won you will be emailed with an offer to conclude a contract to purchase the Product which was the subject of the auction for a price equal to the value of your winning Bid (Contract). You will be provided with information such as total price (including delivery costs to the address provided on registration) and payment options. You must, within 14 days of dispatch of that email, actively confirm and pay the total price for the Win by following the instructions provided. Once you have accepted the offer and provided such confirmation and paid the total price, the Win is considered to be accepted. Certain Products may require additional documentation (for example, written contracts or transfer documents) and any Contract is subject to satisfactory completion and execution of such documents, which may supersede these terms and conditions. The Product will not be delivered until the total price, including all Bids purchased and used by you, has been paid and any necessary additional documents completed. We reserve the right to retain the Product purchased until all Bids and the total price have been paid for in full. You will thereafter be sent an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).
8.2 If you have Won you may, instead of accepting the offer set out in paragraph 8.1, elect to convert to your Bidwiz account equivalent to 90% of the Item Retail Price. You must, within 14 days of dispatch of the email confirming that you have Won, pay the total price as per paragraph 8.1, or confirm in writing whether you have elected to convert.
8.3 We will try to deliver the Product in 30 working days of receipt of your decision in accordance with paragraph 8.1 or 8.2. If we are not able, for reasons outside our control, to deliver a Product won on auction, we will be entitled to substitute the Product with a comparable replacement product with the same or better features, or provide a refund of the Item Retail Price for the Product if this is your preference.
8.4 If a Win has not been confirmed and paid by you within 14 days of the auction end date or you have not elected to receive vouchers or a credit in accordance with paragraph 8.2, we reserve the right to withdraw the offer to conclude the Contract and your right to pay for and receive delivery of the Product or receive vouchers or a credit in lieu of the Product will be permanently revoked. In such circumstances, Bids placed by you in that auction remain non-refundable.
8.5 In the circumstances set out in paragraph 8.4, an offer to conclude a contract to purchase the Product which was the subject of the auction will be made to the person who made the next highest unique Bid.
8.6 If the winner of an auction cannot be contacted for a period which exceeds 90 days, the person who made the next highest unique Bid will be made an offer to conclude a contract to purchase the Product which was the subject of the auction
8.7 In order to keep the site interesting for all users, you will be limited in participating on our site in the following case: won 3 auctions in a row or in 10 days - An automatic 14 days restriction from participating in any further auctions will apply.
8.8 You could be restricted twice from participating in the same product auction that you have won previously. Example - you won an iPhone today, you will not be allowed to participate in the next 2 iPhone auctions or more as per managemenets decision.
8.9 You may be requested to send a photograph with your winning product according to management discretion. Failure could result in delay in future products being dispatched to you.
9. CONSUMER RIGHTS
9.1 You may cancel the Contract at any time within seven working days, beginning on the day after you received the Product. In this case, you will receive a full refund of the Wining Price in accordance with our refunds policy (set out in paragraph 12). You will not be entitled to a refund on any Bids.
9.2 To cancel the Contract, you must inform Us in writing. You must also return the Product to Us immediately, in the same condition in which you received it, and at your own cost and risk unless we have provided you with a substitute Product (as set out in paragraph 8.3) or the Product is defective, in which case we will bear the cost of returning same. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3 You will not have any right to cancel a Contract for the supply of audio or video recordings or computer software that you have unsealed. These items are not eligible for return or refund, unless the item is faulty or not as described.
9.4 These provisions do not affect your statutory rights.
10. PRICE AND PAYMENT
10.1 Bids must be purchased and paid for prior to engaging in bidding. You warrant that you are the owner of the credit/debit card and are authorised to make use of it for the purposes of participating in our auctions.
10.2 Payment for all Products must be by credit or debit card or via certain pay agents. We accept payment by American Express, MasterCard, Visa, Carte Bleue and PayPal and E-wallets of any kind.
10.3 Should a payment not be honoured,We reserve the right to block access to your account and/or to withhold any outstanding deliveries until full payment for any Product has been paid.
11. AVAILABILITY AND DELIVERY
We will endeavour to deliver your Product by the delivery date set out in the Dispatch Confirmation. Any delivery time indicated therein is provided only as a guide and is not guaranteed. If no delivery date is specified in the Dispatch Confirmation, then we will endeavour to deliver your Product within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
12. RISK AND TITLE
12.1 The Product will be at your risk from the time of delivery.
12.2 Ownership of the Product will only pass to you upon delivery if we have received full payment of all sums due in respect of the Product, including delivery charges.
13. OUR REFUNDS POLICY
13.1 When you return a Product to Us:
13.1.1 because you have cancelled the Contract between Us within the seven-day cooling-off period (see paragraph 9.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price you paid for the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to Us; and
13.1.2 for any other reason (for instance, because have notified Us in accordance with paragraph 20.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually 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 by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to Us.
13.2 We will usually refund any funds received from you using the same method originally used by you to pay for your purchase
13.2.1 Deposits refunds click here.
14. TERM
14.1 These terms and conditions remain in full force and effect from acceptance until terminated by either party on 30 days’ written notice or unless terminated in accordance with these terms and conditions.
14.2 The terms of paragraphs 5, 6, 7, 8, 9.3, 10, 11, 12, 13, 15, 19, 21and 23 will survive the termination of these terms and conditions.
15. PRIVACY AND YOUR PERSONAL DATA
We process information about you in accordance with our privacy policy [Privacy Policy]. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.
16. OUR LIABILITY
16.1 We warrant to you that any Product purchased from Us through Our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 Our liability for losses you suffer as a result of Us breaking this agreement is strictly limited to the purchase price of the Product you purchased (including the cost of your Bids for the Product in question) and any losses which are a foreseeable consequence of Us breaking the agreement. Losses are foreseeable where they could be contemplated by you and Us at the time you accept our offer.
16.3 This does not include or limit in any way our liability:
16.3.1 for death or personal injury caused by our negligence;
16.3.2 under section 2(3) of the Consumer Protection Act 1987;
16.3.3 for fraud or fraudulent misrepresentation; or
16.3.4 for any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
16.4.1 loss of income or revenue;
16.4.2 loss of business;
16.4.3 loss of profits or contracts;
16.4.4 loss of anticipated savings;
16.4.5 loss of data, or
16.4.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this paragraph 15.4 will not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 15.1 or paragraph 15.2 or any other claims for direct financial loss that are not excluded by any of categories 15.4.1 to 15.4.6 inclusive of this paragraph 15.4.
16.5 In addition, we will not be liable for:
16.5.1 faulty operation of computers during bid placement and/or for incorrect or overly slow transmission of bidding data by the internet provider and/or any damage that occurs due to Bids submitted by you not being received by Us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);
16.5.2 any losses arising from your negligence;
16.5.3 any failure to follow our instructions as to placing of Bids;
16.5.4 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 Our Site, or from transmissions via emails or attachments received from Us;
16.5.5 any use of websites linked to Our Site but operated by third parties.
16.6 We use well-established and reputable´s third party payment service providers for the acceptance of online payments. While we endeavour to ensure that due care is exercised in handling credit/debit card information by these third party payment service providers, we will not be liable for any compromise, misuse of this information or breach of security by these third party payment service providers.
16.7 Any bidding advice or other materials on Our Site are provided solely as suggestions and are not intended to be relied upon. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials.
17. SERVICE AVAILABILITY
17.1 Our site is only intended for use by people resident in the United Kingdom, Ireland and Isle of Man and the European Union. We do not accept orders from persons outside the United Kingdom and the European Union. Deliveries will be made only to the address that matches the credit or debit card’s billing address.
17.2 Access to Our Site is permitted on a temporary basis, and we reserve the right to restrict or suspend access to Our Site or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to Our Site and for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, 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.
19. NOTICES
All notices given by you to Us must be given to Us at info@bidwiz.co.uk. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in paragraph 18 above. Notice will be deemed received and properly served immediately when posted on Our Site, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The contract between you and Us is binding on you and Us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20.4 We are entitled to involve third parties to satisfy our contractual obligations without being required to notify you.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect inter alia, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system´s capabilities.
21.2 You will be subject to the policies and terms and conditions in force at the time that you accept these terms and conditions, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify Us to the contrary within seven working days of receipt by you of the Product).
21.3 You may be required to download software and/or agree to additional terms and conditions. Unless otherwise expressly provided by the additional terms and conditions, those additional terms are hereby incorporated into these terms and conditions.
22. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial of service attack or a distributed denial of service attack. You must not attack Our Site by any other means recognised as an attack vector. You may not post any form of spam, phishing or advertising on our sites including other site we may use.
23. EVENTS OUTSIDE OUR CONTROL AND SYSTEM OUTAGES
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
23.2.1 strikes, lock-outs or other industrial action;
23.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
23.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
23.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
23.2.5 impossibility of the use of public or private telecommunications networks; and
23.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
23.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
23.4 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 and the current highest unique Bidder will be maintained. After the disruption has been resolved, the auctions will be continued. Temporarily halted auctions are clearly indicated. If you bid on a temporarily halted auction you will have no right to a refund for Bids used or other costs incurred.
24. GENERAL
24.1 We are the owner or licensee of all intellectual property rights on Our Site 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. You may not modify any paper or digital copies of any materials 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 Our Site for commercial purposes.
24.2 We make every effort to make the descriptions of items on Our Site as accurate as possible. However, items offered may differ from those described on Our Site, due to later production changes in specification, components or place of manufacture. The information on Our Site may contain inaccuracies or typographical errors.
24.3 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by Us of any default will not constitute a waiver of any subsequent default. No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19.
24.4 No person who is not a party to the Contract will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.
24.5 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.6 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
24.7 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.
24.8 Neither you nor Us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy will be for breach of contract as provided in these terms and conditions.
24.9 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 Our Site and auctions on Our Site.
25. LAW AND JURISDICTION
25.1 Any dispute or claim arising out of or in connection with these terms and conditions or Products (including non-contractual disputes or claims) will be governed by English law and represented by our managment company Systematic Trade Limited. Any dispute or claim arising out of or in connection with Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
25.2 We make no representations that Our Site is appropriate or available for use outside the United Kingdom. If you access Our Site from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
