Términos y Condiciones
- APLICACIÓN DE LOS TÉRMINOS
1.1 Estos son los términos y condiciones que se aplican a las ventas, junto con las Condiciones Especiales, and to the use of Our Website.
1.2 Por favor, lea estos términos y condiciones cuidadosamente antes de hacer una oferta en cualquier lote o utilizar nuestra página web. Usted debe entender que al acceder a nuestra página web o hacer una oferta en cualquier lote, Usted acepta estar obligado por estos términos y condiciones, sin perjuicio de las modificaciones contenidas en las Condiciones Especiales. En el caso de cualquier conflicto entre estos términos y condiciones y las Condiciones Especiales, las Condiciones Particulares prevalecerán. No hay ofertas o pujas realizadas por Usted podrán alterar o calificar estos términos y condiciones a menos Confirmamos específicamente por escrito.
En estos términos y condiciones de las siguientes palabras y expresiones tendrán los siguientes significados:-
“Subasta” significa una subasta en línea ( The public sale of movable goods organized by Big Bid Auctions Limited via the Internet );
“Bid” means any offer to buy a Lot (whether as part of an Auction or any other type of sale);
“Bidder” means the user making a Bid;
“Buyer” means a user who buys a Lot;
“Catalogue” means our catalogue detailing Lots being sold;
“Contract” means a contract between a Buyer and us for the purchase of a Lot;
“Lots” means those items being offered for sale on our Online Auctions;
“Online Auction” means an auction for the purchase of a Lot which is conducted on Our Website;
“Our Website” means www.bigbidauctions.com;
“Special Conditions” means any special conditions relating to a Sale which are contained on Our Website or in the relevant Catalogue;
“Seller” means the party who sells a Lot;
“We/Us” means bigbidauctions.com;
“You” means a user who Bids on or buys a Lot.
- INFORMACIÓN SOBRE LOS EEUU
Big Bid Auctions Limited – Incorporated in Ireland under the registration Number 664685
Oficina registrada: Unidad Officepods 1 , The Cranford Stllorgan Road D04X6H0, Dublín, Irlanda
We reserve the right to refuse Bids from, or restrict bidding from certain countries, organisations, corporate entities, or individuals, and to deny or restrict access to Our Website.
- NUESTRO ESTADO Y SU ESTADO
5.1 Please note that we offer Lots for sale and conclude Contracts as agents on behalf of Sellers. We are not responsible for any action or default on the part of the Seller or Buyer.
5.2 If You Bid for a Lot You warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
5.3 It is deemed that you are bidding on Lots in your own behalf. The User Agreement cannot be transferred to another party. In the Register, the User provides his personal data to the Bidding Auctions and chooses his own password to access the Site.
- REALIZACIÓN DE VENTAS y la formación de contratos
Subastas en línea
6.1 All Bids for Lots being sold must be made via Our Website. Your Bid constitutes an offer to buy a Lot subject to these terms and conditions and any applicable Special Conditions. All Bids are subject to acceptance and if We accept your Bid We will confirm such acceptance to You.
6.2 We reserve the right to refuse any Bid and shall be under no obligation to accept that the highest Bid for a Lot, and will be entitled to accept the whole or any part of any Bid.
6.3 We reserve the right of admission to all Auctions and Sales including admission to any sale room or premises, or via Our Website, and the conduct of Sales shall be at our sole discretion.
6.4 Buyers who Bid for Lots on Our Website will be identified by the User ID they have used to log in to Our Website.
6.5 Bids may be not withdrawn.
6.6 We reserve the right to fix a reserve purchase price on any Lot, and may withdraw, consolidate or divide any Lot at any time.
6.7 Description of Lots: We and the one who has commissioned the auctioning of the Lot strive for all possible accuracy and clarity in the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
6.8 Before bidding buyers are expected to carefully review all information available for the Lots, including all photographs and description, in order to make the best possible bid and purchase decision. If the buyer needs any additional information or explanation about any lot he should contact us in order to clarify all doubts.
- SU USO DE NUESTRO SITIO WEB
7.1 We may provide links on Our Website to the websites of other companies, whether affiliated with Us or not. We do not give any undertaking or warranty in relation to the content of such websites.
7.2 No part of Our Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.3 While We endeavour to ensure that Our Website is normally available 24 hours a day, We shall not be liable if for any reason it is unavailable at any time or for any period.
7.4 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7.5 While We try to ensure that the information on Our Website is correct, We do not warrant its accuracy and completeness. We may make changes to the material on Our Website at any time without notice.
7.8 In order to use Our Website to make Bids You must create an account with a registered User ID and password. You are responsible for activity undertaken under that User ID and password and must ensure that you keep these safe and do not allow any other person access to them.
- COLLECTION, HANDLING AND CONDITION OF LOTS
8.1 Unless specified otherwise in the Special Conditions:
8.1.1 Buyers will be responsible for collection and removal of Lots purchased by them and must provide their own labour and equipment to effect such removal. Removal of Lots is at the Buyer’s expense and risk;
8.1.2 no Lot or part thereof can be removed until payment is made in full for it, together with payment of all other amounts due from You to us.
8.1.3 no Lot shall be cleared without our authority, and no Lot shall be cleared unless We or our employees or agents are present.
8.1.4 removal of Lots shall take place only after full payment have been confirmed by us and according our release instructions
8.2 We may at our discretion require the payment of a deposit prior to and/or during the removal of any Lots, which will be refunded on such removal being completed to our satisfaction. If the Buyer refuses to deposit such monies, we may refuse the Buyer access to the relevant premises for the purposes of removing the Lot and/or to rescind the Sale without penalty.
8.3 All equipment used for lifting and transporting heavy items which have been purchased, including but not limited to fork lift trucks and other lifting devices, shall be fit for their purpose and for safe operation and covered by appropriate insurance and registration documents. This documentation may be required by Us for inspection and we may refuse permission for the Buyer to use any such devices which we consider not to comply with the foregoing requirements.
8.4 The Buyer hereby indemnifies us against and will make good any injury or damage to persons or property caused by it when handling Lots, and shall insure against this obligation and indemnity.
8.5 The Buyer shall have no right to anything not described on Our Website.
8.7 Appropriate protective clothing, such as hard hats and safety shoes, must be worn during any removal or transportation activities involving Lots and due regard paid to relevant handling practices, laws regulations and codes of practice as well as any of the Seller or our safety stipulations.
8.8 All electrical installation must be left in a safe condition during and after the removal of Lots and the use of explosives, flame cutting equipment or any other potentially hazardous or inflammatory process, shall not be permissible on the site without our express written consent.
8.9 It is expressly brought to your attention that, at the time of sale, any item, machinery or equipment contained in the Lot(s) may not necessarily comply with relevant Health and Safety or any other legislation governing the use of that machinery or equipment, and no warranty is given that any Lots will so comply. From the conclusion of the relevant Contract it is the Buyer’s responsibility to ensure that such Lots will be safe and that their use does not contravene any legislation.
8.10 Certain items included in Lot(s) could contain blue and white asbestos, dangerous chemicals, or other substances which if not handled correctly during their removal from the site could result in a breach of Health and Safety legislation or other relevant legislation. It is the Buyers responsibility to comply with this legislation from conclusion of the relevant Contract.
8.11 Buyers must ensure that any motor vehicles forming part of the Lots comply with all relevant Laws and Regulations and have all necessary permits, certificates and authorisations before being used and We do not warrant the accuracy of any recorded mileage on any motor vehicle forming part of the Lots.
8.12 The Buyer undertakes not to disclose or make available to any third party any unlicensed software loaded on any computer equipment forming part of Lots, or any part thereof. The Buyer further undertakes to erase any such unlicensed software at the earliest opportunity, and indemnifies Us and the Vendor from any liabilities arising out of the use of any unlicensed software loaded on any hard disc equipment forming part of Lots.
8.13 We do not make any warranty whatsoever in relation to computer hardware, software and/or equipment, all of which is bought at the Buyer’s own risk.
- RIESGO Y TÍTULO
9.1 Title to the Lots shall only pass to the Buyer upon the latter of full payment for such Lot together with any other sums due from the Buyer to Us, and removal of the Lot in accordance with these terms and conditions.
9.2 The lots will be at the buyer’s risk from the moment of collection and the buyer will insure these risks at once. Under no circumstances will We or the Seller be liable if any Lot or part of it, if is stolen, damaged or destroyed after collection.
9.4 Prior to clearance of any Lots We or the Vendor may rescind the Contract for the sale of that Lot should any third party claim title to or possession of any part of the Lot.
9.5 If at any time before the collection of a lot we terminate the contract of sale, all the amounts paid by the buyer will be returned within 30 days without any penalty, indemnity or interest.
- PRECIO Y PAGO
10.1 Unless specified otherwise in the Special Conditions, the payment for the Lots, together with any other sums payable to Us by the Buyer, must be made in full within 5 days after the auction and in any case before clearance of the relevant Lots. The buyer must submit full payment, including any applicable taxes and fees to avoid late fees. Buyer must pay a Buyer Fee, based on the final winning bid value.
10.2 All prices specified by Us exclude VAT or other similar sales Taxes, which shall be payable in addition.
10.3 Where invoices or parts thereof are zero rated for VAT or other similar sale taxes because Lots are to be exported , the Buyer is responsible for providing all necessary documentation (for example, bills of lading, export documents, etc.) in order to justify the tax exemption.We and/or may ask You to provide evidence that Lots are being exported and shall determine whether such evidence is acceptable.
10.4 The final amount of the invoice sent to the buyer after the winning of a lot will be the result of the sum of the winning bid plus buyers fee and will include any applicable taxes.
- TERMINO DEL CONTRATO
11.1 We shall have the right to terminate any Contract where:
11.1.1 the payment of the purchase price or deposit of any Lot, or any other amount payable by the buyer to us, is not paid in accordance with these terms and conditions;
11.1.2 the removal of any Lot is not done in accordance with these terms and conditions;
11.1.3 the buyer violates any other of these terms and conditions;
11.1.4 the buyer has become insolvent or bankrupt
11.1.5 any third party claims and has the right or possession of any of the lots.
11.2 Upon termination of a contract by us or the supplier, the following provisions apply: –
11.2.1 the lots may be resold or disposed of by Us or the Supplier in any way we deem appropriate and at our sole discretion;
11.2.2 the defaulting buyer will be responsible for all losses and expenses incurred by us and / or the supplier, including the costs of storage, security and removal, the costs of resale or disposal of lots and respective fees.
- LIMITACIÓN DE RESPONSABILIDAD
To the fullest extent permitted by law, the Big Bid Auctions Site, its content and services are provided “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, non-infringement of third party rights and fitness for a particular purpose.
To the maximum extent permitted by law, in no event shall Big Bid Auctions be liable for any special, incidental, indirect, or consequential damages, caused by any means, contract, or any other theory of liability, loss of revenue, anticipated profits, business or sales, any loss goodwill or reputation, or replacement costs for goods or services, even if Big Bid Auctions or its authorized representative has been advised of the possibility of such damages.
- DERECHOS Y CONDICIONES DE IMPORTACIÓN / EXPORTACIÓN
13.1 If any Lots are exported outside the Country where they are being sell, they may be subject to import duties and taxes which are levied when they reach the specified destination. Buyer will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before Bidding.
13.1.1 Please also note that You must comply with all applicable laws and regulations both of the Country from goods are being exported and of the country for which the Lots are destined, including but not limited to obtaining any licences or permissions required to export the Lots from the origin country or import the Lots at the destination country. We will not be liable for any breach by You of any such laws or regulations and You hereby indemnify us against any loss caused by your failure to abide by them
13.2 Tax and fees: –
13.2.1 All bids and offers for the lots are net of any taxes in connection with the purchase. In the event that any taxes relating to the purchase are applicable, the buyer is responsible for paying all such taxes, or for providing a valid certificate of exemption from those taxes.
13.2.2 Taxes are calculated and charged on lots sold based on the rates in force at the place where the lots are purchased.
13.2.3 In order to support the treatment of the transaction tax exemption, the Buyer is responsible for providing all necessary documentation (for example, bills of lading, export documents, etc.). The necessary documentation or certificate of exemption from said taxes must be sent to Big Bid Auctions in due time and in accordance with the laws in force at the location and on the date of purchase of the Lots.
13.3:- This section applies only to binding obligations subject to VAT or other indirect taxes.
13.3.1 All offers are net of VAT and other indirect taxes, taxes in connection with the sale or purchase transaction. If VAT is applicable to an offer or other consideration payable by you under this Agreement, you will be responsible for all such taxes. Consequently, the value of the successful bid in relation to any Lot must be exclusive of VAT and other indirect taxes, and the final price to be paid by the buyer will include those taxes (for example, VAT).
13.3.2 The amount payable will be subject to VAT at the legal rate of the place where the lot is purchased. The VAT amount will not be charged if the Buyer provides the necessary documentation to prove a VAT rate other than the standard VAT rate, (for example, 0% export tax or 0% supply tax) within the EU). The buyer must provide his VAT registration number.
13.3.3 For the avoidance of doubt, it is the buyer’s responsibility to make sure of any and all fees applicable to their purchase including VAT (or similar taxes) or all related obligations. For the purposes of these Terms, “VAT” means value added tax.
- WRITTEN COMMUNICATIONS
14.1 Applicable laws require that some of the information or communications we send to You should be in writing. When using Our Website, You accept that communication with us will be mainly electronic. We may 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.
15.1 All notices given by You to us must be given in writing. We may give notice to You at either the e-mail or postal address You provide to us when registering on Our Website or in any of the ways specified in clause 14. Notice will be deemed received and properly served immediately when posted on our website, 24 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.
- TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 Contracts made between You and Big Bid Auctions are binding on You and your respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it.
16.3 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.
17 . EVENTS OUTSIDE OUR CONTROL
17.1 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”).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2. 5 impossibility of the use of public or private telecommunications networks including the internet and other computer networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government;
17.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We and the Vendor 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.
18.1 If We fail at any time to insist upon strict performance of any of buyer 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 shall not constitute a waiver of such rights or remedies and shall not relieve the buyer from compliance with such obligations.
18.2 A waiver by Us of any default by the buyer under these terms and conditions shall not constitute a waiver of any subsequent default.
18.3 No waiver by us r of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the buyer in accordance with clause 14 above.
19.1 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.
- ENTIRE AGREEMENT
20.1 These terms and conditions, together with any Special Conditions, represent the entire agreement in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement, whether oral or in writing.
20.2 You acknowledge that, in entering into a Contract, you have not relied on any representation, undertaking or promise except as expressly stated in these terms and conditions.
- 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 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 participate in an Online Auction.
- LAW AND JURISDICTION
2.2.1 Contracts will be governed by the relevant government law of Ireland. Any dispute arising out of or related to these contracts will be subject to the non-exclusive jurisdiction of the competent courts of Ireland.
2.2.2 The English text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the English text will therefore be given preference in case of lack of clarity or contradictions.