Terms and Conditions
Introduction
Welcome to BidMania!
The following describes the terms on which BidMania offers you access to our services available from the domain and sub-domains of www.bidmania.co.zaand from all other BidMania-branded websites (referred herein after collectively as the “Site” or the “Website”) provided for Users.
Before you may become a registered User of BidMania, you must read and accept ALL of the terms and conditions in this User Agreement. We strongly recommend that you read through all the terms carefully.
The User Agreement constitutes a legally binding agreement between you and BidMania.
Definitions
BidMania: The BidMania website (www.bidmania.co.za) which is owned and operated by BidMania Shop (Pty) Ltd, registered address: Unit 111 splice, corner of Main and Riviera Road, Killarney 2193, Johannesburg.
User/(Bidder): Any individual who uses the Website, in particular anyone who places bids on any item(s) featured on auctions held by the Site.
Credit: Entity as applicable specifically to the online auction Website, representing monetary means which Users/Bidders utilise to place Bids on items featured on the Website.
Using BidMania
You may only use the Site in accordance and compliance with this User Agreement, and in particular to
· browse the content, and
· make legitimate purchases.
You hereby agree that you shall not use this Website for any other purposes, including but not restricted to the following:
· to make any speculative, false or counterfeit purchase; to commit or permit to be committed any fraudulent act;
· to commit or permit to be committed any act which in the reasonable opinion of BidMania is in breach of the spirit and purpose of the Site.
This Website and the content provided in the Site may not
· be duplicated, remade, republished, uploaded, posted, transmitted or distributed whatsoever, including but not restricted to educational purposes without the prior written consent from BidMania.
The following is strictly prohibited:
· 'Deep-linking', 'embedding' or using analogous technology or any similar programme or software.
Unauthorised use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws and BidMania reserves the right to pursue legal action against anyone who breaches the terms of this User Agreement.
Note: None of the content on the Website is intended to amount to advice on which reliance should be placed. BidMania disclaims to the fullest extent permitted by law all liability and responsibility whatsoever arising from any reliance placed on such materials by any visitors and/or Users to the Website or by anyone who may be informed of any of its contents.
Disclaimer of Guarantee and Warranty
Limitation of warranty
- The items made available on the Website are supplied believing that they are fit for the reasonable purpose they're intended for. The winner is expected to consult and follow the instruction manual for appropriate and optimal use.
- The Site excludes to the fullest extent permitted by law all other warranties or conditions (whether expressed or implied) as to quality, condition or description (whether statutory or otherwise).
- While we try to offer reliable and exact item description, we cannot promise that everything is 100% accurate at all times. Descriptions serve only to provide Users with information and therefore do not constitute contractually stipulated features and characteristics. Images/photos of items are used for illustrative purposes only and may differ from the actual item on auction.
- The owner, agents, representatives, authors of the website content and furthermore, anyone connected to the Site (hereafter collectively named "The Service Providers") make no warranties that these contents are free from errors or omissions. You are encouraged to report any possible errors to support@bidmania.net.
- The Service Providers shall not be liable to you in contract, tort [Editor’s note: I’m advised that “tort” in South African law is called “delict”. The term may be substitued] (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use our sites and services.
- We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use 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.
Note: The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Website Maintenance
For updating of our servers, upgrading of your software and to perform essential maintenance, it will occasionally be necessary for BidMania to pause all auction activity. We will strive to keep the interruption to as short a time period as possible. We will inform Users of planned interruptions on the Website in a timely fashion. All auction activity will be suspended for the pre-determined time as indicated on the Website's home page.
BidMania regrets and apologises in advance for any inconvenience this may cause. Please contact our Support team for more information.
Damages, Reimbursement of Expenses and Limits on Liability
Claims for damages by the User against BidMania, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, BidMania 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 User 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 BidMania, its legal representatives, or parties assisting in its performance. This shall also not apply if BidMania expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.
BidMania expressly reserves the right to:
6.1Change the Site if and when deemed necessary. It is the User's sole responsibility to ensure that the necessary software are installed on their PC's to fully and completely use the Website. BidMania is under no obligation to inform Users of intended changes and are not liable for Users' inability to enjoy the full scope of the Site's services.
6.2Temporarily or permanently withdraw, change, modify or in any way amend parts of, or the entire website at any time. Users shall not hold BidMania liable for any damages incurred by Users as a result of such changes.
6.3Request Users to provide photographs of successful bidders and use the images for marketing/advertising purposes and/or promotional campaigns.
6.4Fully control all auctions held on the Site, and to suspend, cancel or reopen any auction at their sole discretion. This may include suspending and reopening auctions affected by an autobid system malfunction.
6.5Verify personal information and financial transactions. Note: The use and continued use of the Website will be subject to the sole approval and successful authorisation of all financial transactions and verification of all registered personal details and approval from the relevant BidMania representatives.
6.6Require Users to submit a signed affidavit, confirming the receipt of an auctioned item with a value of R50 000 and more.
Refunds and Returns Policy
All claims for refunds/returns/exchanges etc, are at the sole discretion of BidMania, and the User so expressly consents.
Notwithstanding this, the following will apply for all claims for refunds and/or returns:
Should you not be satisfied with any product purchased by you on the Website (either by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be).
Faulty items
The User has the right to return a faulty item,provided that the following procedure is followed:
· If a User received a faulty/defective item, the User must advise BidMania in writing of your complaint and intended cancellation. The letter must be signed by the person who originally purchased the item and must be sent to support@bidmania.net.
· Upon receipt of signed cancellation letter, BidMania will advise you of the appropriate return address. The faulty item(s) must be returned to us, undamaged in the original packaging and must reach us within 14 days of receiving our acknowledgement of planned cancellation.
· BidMania will assess the items as against your complaint. The final decision on the claim outcome rests finally on BidMania. The User is not permitted to appeal the decision.
· Should BidMania find your complaint valid and decide to process your claim, Credits will be refunded into your account. You will be notified via e-mail of this transaction. If, however, the claim is denied by BidMania, the item(s) will be returned to the User. The costs will be covered by the User and no further queries should be made with regards to the applicable claim.
Note: No requests for returns/refunds will be accepted after 21 days of delivery.
Incorrect items
If you find that BidMania has sent you an incorrect item, please inform us via e-mail (support@bidmania.net) as soon as possible. A BidMania representative will then contact you with instructions on how to return the item. If the instructions provided by BidMania are followed there will be no charge for the return. BidMania will send the User the replacement as soon as the original item is received.
The User must return the original item to BidMania within 21 days of receiving our e-mail confirming the issue of the replacement item. In case of delays BidMania holds the right to cancel the issue of replacement.
In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to BidMania the originally delivered item within 21 days. BidMania will bear this expense.
BidMania reserves the right to assert damages under the conditions set down by law.
As BidMania 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 User. If the item is damaged it should be refused and 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 (three) days of receipt.
BidMania 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 BidMania concerning a damaged or incorrect item within 3 days of delivery constitutes express acceptance of the item "as is". BidMania does not accept liability for damage or failure of products due to neglect or misuse by the recipient.
Items purchased at BidMania cannot be exchanged or redeemed for a cash value under any circumstances.
Note: BidMania Shop (Pty) Ltd recommends that you use DHL for all returns as it offers shipment tracking through a 24-hour customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost; no refund or return/exchange will be considered.
Refunds
8.1 Credits/BidPackages
Refunds will be subject to a processing fee of 10% of the value of the remaining Credits in your Account, rounded to the nearest value of the full BidPackage(s) in the most recent transaction(s). In addition to this we will require full verification and authorisation of transactions used to fund your BidMania Account.
No refunds will be made on any BidPackages won on auction. BidPackages won on auction (outright win or on the Buy Now option) cannot be exchanged for a cash value or refunded under any circumstances.
No refunds can or will be processed for credits used to take part in auctions under any circumstances. This includes credits that have been returned to User accounts after an auction has been cancelled.
8.2Refunds: Cancelled Auctions
In the event of an auction being cancelled for any reason, the credits used in the last 10 minutes of bidding will be refunded to Users who have taken part in the auction. Any and all bids used prior to the 10 minute mark will be forfeited.
Accounts
Multiple Accounts
Users are permitted to holding only ONE account with BidMania. The use of more than one account by a User is a serious breach of this User Agreement, and if discovered, all the registered accounts of a User will be removed. Committing such an action may amount to fraud and BidMania reserves the right to pursue legal action in such circumstances.
All accounts will be rigorously verified upon registration. Users WILL BE required to provide proof of identity in the form of a copy of an ID/passport and proof of residence in the form of a utility bill not older than 3 months. This verification is done to protect both BidMania and other Users.
Please note that BidMania will periodically seek to verify all User accounts and transactions by providing details to independent authorities/firms. Where there is a suspicion that a User is using Multiple Accounts BidMania reserves the right to suspend all of the related accounts pending further investigation by relevant authorities, which may include, but is not restricted to the SAPS. BidMania further reserves the right at its sole discretion to institute criminal proceedings in a court of Law against the offending User.
Should a User be found to be in breach of this condition, BidMania reserves the right to immediately terminate all of the offending accounts and retain any unused bids.
Cancellation of Accounts
BIDMANIA RESERVES THE RIGHT TO CANCEL A USER'S ACCOUNT FOR ANY REASON WHATSOEVER AND AT ANY TIME UNDER ANY CIRCUMSTANCES, AND CAN SO DO WITHOUT ANY NOTICE TO THE USER CONCERNED.
In such circumstances, if there remains any balance in your account it will be credited to either your credit card and/or refunded by cheque.
However, BidMania reserves its unregulated prudence and right to annul any winnings and/or remove any balance in your BidMania account, IF and WHEN:
· BidMania discovers that you have more than one account, active or inactive;
· you provide (or provided) false, inaccurate and/or deceptive registration/personal information;
· the registered name on your account does not match the credentials of the credit card(s) used to make purchases on your BidMania account;
· you are younger than 18. BidMania has and strictly adheres to a "no under 18 policy" under which all under 18’s are strictly and under all circumstances prohibited from participating in BidMania auctions. The account of an under aged User will be terminated with immediate effect;
· you have participated in auctions held by BidMania as part of a syndicate group, or generally together with other bidders, in a professional capacity or in any way that may amount to being fraudulent or against the spirit of the Website. Participation in auctions are meant exclusively for personal entertainment and must be conducted on a truly individual basis;
· you interfere or attempt to interfere with the proper working of the Site and any activities conducted on it, whether manually or by using computer software programmes specifically meant to facilitate unfair advantages in auctions. This behaviour constitutes cheating and will result in immediate cancellation of your Account;
· you have, whether accidentally or on purpose, “Charged Back” any purchases/transactions made with your credit card or any other purchase method whatsoever on your BidMania Account.
· you previously engaged in similar questionable activities at any other online auction site, including www.bidmania.co.za;
· you had an account terminated for related reasons at any other online auction. website.
Orders and Delivery
Processing of Orders
Your order will not be processed until we receive a confirmed receipt that a full payment has been made by you and consequently accepted by BidMania. BidMania reserves the right to refuse orders and/or payment.
Product Availability
Delivery time is primarily dependent on stock availability. We assure you that every effort will be made to have your items delivered to you as soon as possible.
Should stock be available, your order will be dispatched on the day of purchase, providing that your order is placed and payment is validated and accepted before 14:00. If an order is placed or payment accepted after 14:00, we will endeavour to dispatch your order on the following working day.
Should the product(s) not be in stock, then please allow for 10 (ten) working days plus shipment time. The extension of time is to compensate for possible manufacturing delays and delivery to our warehouse.
Whilst every effort will be made to ensure your goods are delivered to you as soon as possible, there may arise circumstances beyond our control which may cause delays. Should this happen, BidMania will send you an e-mail explaining the circumstances and provide you with a revised shipping schedule.
Delivery
All items purchased from BidMania Shop (Pty) Ltd must be delivered by our appointed carrier and will attract a delivery charge made to your account. This charge will be equal to the amount advised during the payment process.
You will be asked to confirm transactions when making payments. Upon such confirmation, legal obligations will arise between yourself and BidMania. Your right to a refund of monies paid to BidMania will be limited by the terms of this User Agreement.
We request that you do not make any purchase and/or payment through the Website unless you fully comprehend, understand and agree to all of the terms in this User Agreement. If you do not understand certain terms or require further assistance, please contact us before making any purchase or using any service on the Website.
Unless otherwise specified, delivery will be made from our suppliers' warehouse or from our warehouse to the registered address provided by the user. Delivery will not be made to another address unless agreed in writing by BidMania to do so.
Deliveries will be made solely to locations accessible by our appointed carrier (DHL), BidMania is not aware of the different custom tariffs applicable to each country when deliveries are made, therefore the user will be responsible for any tariffs that may apply to customs/deliveries in your country.
Note:Title and risk will pass to you once the order has left our premises, and so in light of this, please ensure you provide us with the correct shipping address from the outset.
If a package is returned to us as ‘undeliverable’, BidMania will make every attempt to contact you to make alternative arrangements for re-delivery.
Pricing
All transactions will be processed in South African Rands (ZAR).
BidMania endeavours to offer you competitive prices on current products. Your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
BidMania reserves the right to change pricing at any time without prior notice, and the User so consents.
Should BidMania reduce its price on any shipped products within 7 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment. BidMania reserves the sole right to decide on whether a refund will be paid.
Payment methods
12.1 Direct deposit
You may pay for your products with a direct deposit. Simply visit your bank and physically make your payment there. Fax your deposit slip to us on 086 552 1116 or e-mail to support@bidmania.net to confirm payment and ensure that your order is despatched as quickly as possible.
12.2 EFT (Electronic Fund Transfer)
One of the most widely used ways of sending money is by paying online (Internet Banking). Please note our banking details:
Account Name: BidMania Shop (PTY) Ltd
Bank: ABSA
Branch code: 632 005
Account number: 4077 8190 32
Account Type: Cheque
Also, take care to mention the necessary and correct reference to simplify the payment verification process. Please contact us in this regard if you are unsure of the required procedure.
12.3 Credit Card
We accept all major credit Cards honoured by RSA operated banks.
Purchasing Credits and Payment
Bidding rights, so-called “Credits”, have to be purchased by Users prior to engaging in online bidding. Only registered Users can submit the convenient online credits, which can be purchased in packages (so-called “Credits Packages”) at the currently applicable prices, which can be viewed under “Buy Credits” on the Website.
The credits must be paid for in advance. The purchasing process requires Users to verify if the BidPackage they are purchasing is the right one. This is done to make sure that the choice being made is intended and to save you from buying a package you do not want. Purchased BidPackages are non-refundable and hence Users should buy only as many credits as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via an approved payment agent. Payments may not be made over the phone.
When the credits are purchased and deposited into the User’s BidMania account, a contract for the purchase of the Credits 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's account to cover any additional administrative costs incurred by BidMania. BidMania reserves the right to block access to the User Account until full payment of the invoice amount, including any fees due for returned payment, are made. BidMania reserves the right to withhold any outstanding deliveries until all monies have been paid. BidMania also reserves the right to temporarily block access to any unverified User accounts that appear to be abusing the spirit of BidMania by purchasing large volumes of credits until identification has been verified.
Expiration/Time limits
All types of Credits (e.g. “free credits “, “special offers” or "credits purchased in bundles") have a time limit. Upon expiration of the time limit stated, the Credits expire and can no longer be used. There will be no refund for credits that have not been used before the expiration date.
· All purchased Credits expire after 180 days.
· All free credits expire in 60 days from the date when the Bid has been credited on a User's BidMania account.
· All discount codes issued have a time limit. Discount codes must be used during the specified time to remain 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 BidMania shall only be valid if they are announced on BidMania’s website, BidMania’s newsletter, BidMania-produced TV, radio or print advertisements. Any promotions of a limited duration will likewise be announced on the website or BidMania-produced newsletters, TV, radio or print advertisements. Upon expiration of the time limit stated, or after the sale(s) that is/are part of the particular promotion has/have ended, the promotion is deemed to have ended. Promotional codes are non-transferable.
Bonus and Promotion Codes
Bonus codes are issued on a discretionary basis and are applicable only for the method of purchase to which they are associated i.e. SID bonus codes may only be used for SID purchases. Should bonus codes be used on a method of purchase for which they were not intended the Site reserves the right to debit the Credits obtained by using bonus codes not assigned to the method of purchase.
Monitoring
We have the right, but are under no circumstances obliged, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing your Account from the Website). We trust that Users will respect our rights and the spirit of the Website.
Cookies
The Website may use "cookies" and other tracking technology for any reason deemed appropriate by the Service Providers. This is done to gather information regarding User habits. Personal information cannot generally be collected via cookies, however if you provide personal information cookies may be tied to such information. You can always clear any stored cookies using the options provided by your web browser. Aggregate cookie and other tracking information may be shared with third parties. (Note: You can determine cookie use independently through your browser settings.)
External links
External links may be provided for your convenience from time to time. However, they are beyond the control of BidMania and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of BidMania.
Access
The Website and the software used to run it have undergone independent testing which have deemed the Website fit to operate as an online pay-to-bid auction.
The AutoBidder/ BidButler feature in the BidMania software will not allow a BidButler to be created or started in the last 10 seconds of the countdown. This practice is strictly prohibited and against the spirit of the Website. Pausing and resuming the AutoBidder in the last 10 seconds of an auction is also strictly forbidden and may result in the User's account being suspended. AutoBidders cannot be utilised in NailBiter Auctions.
There may be situations where the countdown reading displayed on your computer may be different to the countdown reading of the auction server. This may be due to bandwidth congestion or by placing excessive demands on your computer by running too many programmes at the same time. In such circumstances the countdown reader of the auction server will take precedence to ensure consistency for all bidders and BidMania accepts no liability for any misgivings arising out of this situation whatsoever.
If a bid is deemed to be late by the internal countdown clock it will be automatically debited to the User’s account. At the end of each auction an automated audit is carried out and any extra bids will be refunded to the affected Users' accounts. The same bid being accepted twice and thereby increasing the price during a live auction is not grounds for an auction to become annulled.
BidMania reserves the right to void any winnings that were obtained as a result of hardware/software error or malfunction. Customers found abusing such errors/malfunctions are subject to having their accounts closed and any deposits and/or prizes forfeited. In the event of a Website system malfunction all auctions are annulled.
BidMania will not be liable or responsible for any losses at auctions due to third party purchase processing due to a failure of the mechanism during an auction.
Governing Law
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.Should any dispute arise, it is understood and agreed that South African Courts will have exclusive jurisdiction in the case of any dispute.You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
Updating of the User Agreement
BidMania may, in its sole discretion and for any reason determined by the company, change the conditions of this User Agreement or any part thereof at any time, without notice to you, the User. The amended terms will take effect immediately upon publication on the Site. It is the User's responsibility to regularly check for amendments/updates. The User's continued use of the Site will be taken as the User's acceptance of the updated agreement. Should the User not be satisfied with the changes, he/she must refrain from partaking in any auctions/placing bids, or from using the Site in any manner whatsoever.
Consent
I, as a User of the Website, understand and agree that all trademarks and designs contained in the Website are registered to and the sole property of BidMania Shop (Pty) Ltd. I have read, understood and hereby accept the terms and conditions contained in this User Agreement in their entirety. I expressly agree not to violate any trademarks and/or rights owned by and belonging to BidMania Shop (Pty) Ltd, and understand the legal implications if I do so. I am aware that I will be liable for any legal costs arising from legal action taken by BidMania against myself should I breach any of the terms and conditions contained in this User Agreement.
Contact Us
Should you have any queries, please feel free to send an e-mail to our support team: support@bidmania.net. We endeavour to do everything in our power to assist you in any way possible.
