1. TERMS OF USE OF THE BIDCHASER WEBSITE
Agreement
Bidchaser CC and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using the Bidchaser website and/or registering to bid on Bidchaser you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using the Bidchaser website to shop and that you agree to be bound by these terms and conditions. Bidchaser takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Terms of Use of Bidchaser Website
Bidchaser grants you a limited license to access and make personal use of the Bidchaser website (bidchaser.co.za). You are not allowed to modify the website or any portion thereof without the prior written consent of Bidchaser.
This license does not permit any resale or commercial use of the Bidchaser website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Bidchaser website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Bidchaser website so long as the link does not portray Bidchaser, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bidchaser logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
Bidchaser may provide links from the Bidchaser website to other websites which may offer services to you and is not responsible for evaluating the content or offerings made on these websites.
2. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Bidchaser WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, Bidchaser DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidchaser WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Bidchaser WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Applicable law
The Bidchaser website and all communications and transactions concluded using the website, are governed by the laws of the Republic of South Africa and Bidchaser chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you.
3. GENERAL
This website is run by Bidchaser CC based in South Africa trading as Bidchaser and with registration number 2009/094048/23. The contract between Bidchaser and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without Bidchaser’s prior written consent.
Bidchaser has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Bidchaser’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Bidchaser’s system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Bidchaser website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Bidchaser notifies its users of the changes to such policies or General Terms and Conditions before Bidchaser sends information relating to dispatch (in which case Bidchaser has the right to assume that all Successful Bidders have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
Bidchaser CC is the owner or licensee of all intellectual property rights on the Bidchaser website 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. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Bidchaser website for commercial purposes.
This Agreement and any operating rules for Bidchaser established by Bidchaser constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of South Africa, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
4. ELIGIBILITY TO PARTICIPATE / REGISTRATION WITH “BIDCHASER”/DISQUALIFICATION
By placing a bid on Bidchaser, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old and are South African citizens and/or legal residents in South Africa.
Employees and relatives of employees of Bidchaser are not eligible to participate in Bidchaser auctions under any circumstances.
Bidchaser’s products and services are offered exclusively to private users and not to commercial entities for resale. Bidchaser reserves the right to exclude any user in the participation in the auctions and to close their user accounts at any time. During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If Bidchaser receives information of a username which is illegal or in breach of these Terms, this username can be amended by Bidchaser without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bidchaser, shall result in the disqualification of the user and the possible reporting of a crime to the South African Police Services. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
Bidchaser reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of Bidchaser, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of Bidchaser. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, Bidchaser reserves the right to withhold deliveries.
Furthermore, Bidchaser reserves the right to limit the number of auctions a user may participate in or the number of his successfully finished auctions at its sole discretion.
5. BID PURCHASING FOR ONLINE BIDDING / PAYMENT/ VALIDITY OF BIDS
Bidding rights, so-called “bids”, must be purchased and paid for by users prior to online bidding. Bids can be purchased in packages (“Bid Packages”) at the applicable prices, which can be viewed in “Packages” by going to “Purchase Bids”. Bids purchased are not refundable.
Payment can be made by credit card or via electronic funds transfer. Should a payment not be honoured by a user, a returned payment fee will be charged. The user will be responsible for these fees. Bidchaser reserves the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bids are valid for one year after they have been credited to a user’s account.
Once a Bid is placed in an auction, it is deducted from the user’s bid account and can not be refunded back to a user's Bidchaser account.
Tax invoices and other tax documents in electronic form, will be emailed or be available for download on the website.
6. BIDDING / USE OF THE CHASER
Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a CHASER.
The Chaser assists bidders in being able to bid on an auction even if they are not online at that time. The Chaser automatically submits bids according to the specifications set in advance by the user. The user can read about how the Chaser operates in the “FAQ” section. The user is prohibited from using bidding software not authorized by Bidchaser, and doing so will result in immediate disqualification from use
7. HOW THE AUCTIONS WORK
With each bid placed the price of the item on which the user is bidding increases by the amount specified. A bid submitted by the user constitutes willingness of a user to enter into a binding contract with Bidchaser and in the event of a successful finishing of an auction, the claim to receive a purchase offer for the item of the auction under the conditions set out in the related auction. A contract to purchase the item does not come into effect until the auction is finished and the successful bidder has followed all the steps as set forth in clause number 8 below.
Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value (usually, 10, 15 or 20 seconds). For more information, please consult the ‘FAQ’ section. The auction ends when the remaining time reaches zero. The user who was the last to bid then is eligible to purchase the item. All other bids placed on the item expire and will not be credited back to the user’s account or be eligible for a refund. The last bidder is determined based on the records in Bidchaser’s database and Bidchaser’s decision regarding who is the last bidder shall be final.
8. ACCEPTANCE OF THE PURCHASE AND PAYMENT
After an auction has ended, the successful bidder (“Purchaser”) must go to “My Bidchaser” and select “Successful Auctions”. Here, information such as total price (including courier costs) and payment options will be displayed. The user must actively confirm and pay the total price (purchase price plus courier costs) for the purchase by following the steps indicated on that page or elsewhere on the website. Payment may be made via Visa or Mastercard credit cards or by bank transfer into the Bidchaser CC bank account, the details of which will be provided on requests sent to support@bidchaser.co.za. If the Purchaser doesn’t pay or contact Bidchaser with any queries about the auction within 7 days of the auction end date, Bidchaser reserves the right to withdraw the offer to conclude a contract and the purchaser’s right to pay for and receive delivery of an item will be permanently revoked. The purchaser’s bids used on that auction will then be refunded to the purchaser with the reference being the auction ID. All other bids placed in that auction expire and are non-refundable. The user must pay the total price when confirming the purchase. After confirming the successful auction and paying the amount due, the purchaser will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid to Bidchaser. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full.
An invoice containing the auction price and courier costs will be sent to the user via E-Mail by Bidchaser once full payment has been confirmed and delivery has been arranged.
9. RETURNS AND CANCELLATIONS
Bidchaser grants the Purchaser the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a Purchaser cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction purchase price they have paid in relation to the contract even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end seven days after the day on which a purchaser received the goods or a notification that the goods are ready for collection.
If a user wishes to cancel the contract, they must inform Bidchaser in writing (by letter or email or Fax), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.
The following contact details must be used:
Bidchaser CC
Post: PostNet Suite #426
Private Bag X19
Gardenview 2047
Telephone: 079 220 8191
Fax: 086 551 2611
In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be paid by the Purchaser (unless goods are found to be faulty).
Should Bidchaser incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment whatsoever remitted by the Purchaser.
10. DELIVERY
Once an auction's final price plus delivery has been paid, delivery will be processed and delivery is usually within 14-21 days, unless otherwise stated in the item's auction page, delivery times may vary according to stock availability and is provided only as a guide. Delivery will be confirmed by an e-mail containing the waybill number being sent to the Successful Bidder. Unless otherwise stated, delivery will be made directly from our suppliers or from our office to the address provided by the user using our preferred courier. Deliveries are made solely within South Africa. Bidchaser shall be entitled to employ third parties to satisfy its contractual obligations without being required to notify the purchaser. Obvious damage to the item from transport or packaging damaged during transport is to be reported to Bidchaser upon taking delivery.
Auctions will only start if the item is in stock at our suppliers but should Bidchaser not be able to deliver the item ordered, Bidchaser shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund of the auction end price and the purchaser’s bids used on the auction to the user based upon the user’s preference. Pictures of the items are for reference only as colours may vary on delivery unless stated in the actual auction what colour the item is.
11. OFFSETTING / WITHHOLDING PAYMENT/ RETENTION OF TITLE
The Purchaser shall only have the right to offset if his or her counterclaims are not disputed by Bidchaser.
The item delivered shall remain Bidchaser’s property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the Purchaser undertakes to store the item separately from their other possessions and to insure it.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY REGARDING PURCHASES FROM BIDCHASER
All new products are sold with the manufacturer's limited warranty only. Bidchaser warrants solely that the products sold to the Purchaser under these terms shall have the characteristics specified in Bidchaser’s specifications for such Products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE BIDCHASER MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY BIDCHASER OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED. BIDCHASER SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE IMPROPER HANDLING, MODIFICATION, MISUSE OF THE PRODUCTS BY THE CUSTOMER OR ANY OTHER PERSON FOLLOWING DELIVERY BY BIDCHASER. IN NO EVENT SHALL BIDCHASER BE LIABLE TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, DELICT OR OTHERWISE AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
13. SYSTEM OUTAGE / TEMPORARILY HALTED AUCTIONS
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in the system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bids placed on a temporarily halted auction shall not be credited back on a user’s account and are not eligible for a refund for bids used or other costs incurred.
14. TRADEMARKS
Bidchaser's logos are trademarks of Bidchaser and any of its subsidiaries. All other trademarks appearing on Bidchaser are the property of their respective owners.
15. SERVICE AND SUPPORT FOR PRODUCTS PURCHASED
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
16. PRIVACY POLICY
Bidchaser may electronically collect, store and use the following customer information:
- Name and Surname
- Email Address
- Address
- IP Address
- Non-personal Cookies
This information is used for:
- Greeting
- Electronic communication (only with consent)
- Transacting
- Statistical, non-personal browsing habits
Bidchaser will not disclose any personal information with third parties. Bidchaser shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://polity.org.za/attachment.php?aa_id=3569 .
17. LOYALTY REWARD SYSTEM
Any Bidchaser user that purchases 500 bids and above, over a period of one (1) calender month (Midnight the 1st day of the month till 11:59:59pm of the last day of the month), will receive 5% of the total purchased bids over that period credited to their Bidchaser account.
These bids will be credited to your Bidchaser account on the 2nd day of the following month.
This means that if you purchase 500 bids in total within the 1 calendar month as specified above, you will receive 25 bids in your Bidchaser accounts on the 2nd day of the new month. If 5% of the user's total purchased bids for the calendar month results in a point 5 (0.5) of a bid, Bidchaser will automatically round up the bid to a full bid.
Please take note: Bids added to your account from Bidchaser Bid Vouchers purchased as an auction item will not be included.
Reward bids are non-refundable just like all Bids purchased on Bidchaser.
18. CREDIT CARD SECURITY
Credit Card transactions will be acquired for Bidchaser via Paygate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. Paygate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to http://www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by Bidchaser separately from card details which are entered by the client on Paygate's secure site. For more detail on Paygate refer to http://www.paygate.co.za.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South Africa Rand (ZAR).
19. BIDS BACK BONUS
During Bidchaser's Bids Back Bonus days, only the successful bidders of the auctions scheduled to end on the stated Bids Back Bonus day will receive their bids used on the successful auction credited back to their Bidchaser account. An auction scheduled to end the day before a Bids Back Bonus Day but yet continues due to continuous bidding on the auction will not qualify for the Bids Back Bonus, but if the auction is scheduled to end on a Bids Back Bonus Day but continues till the following day, not being a Bids Back Bonus Day, it will still qualify for the Bids Back Bonus. The Successful bidder will need to confirm the auction by paying the auction's final price plus delivery. Bids will then be credited to their Bidchaser account during our Invoice run at the end of the day.
20. BUY NOW
Items that have been bought using the "Buy Now" will be added to the user's "Successful Auctions" as a successful auction, there the user must pay for the auction within 7 days or the auction will be removed from the user's successful auction and the user will no longer be able to purchase the item for the discounted price. A user can only use the "Buy Now" option once per auction. The "Buy Now" option can be used up to 24 hours after an auction has ended, allowing users that have used bids on the auction to redeem their discounts of their used bids on the auctions. Bidchaser reserves the right to limit the amount of users using the "Buy Now" option on any auction due to stock limitations. If the discount amount for a user is above the item's retail price, the price of the item will be Zero plus delivery.
