Account means the general sense of the word; the collection of money, services, Credits (both Free and Paid) on behalf of a Registered User of the Web Site

Administration Fee means a fee that is charged to any Registered User for administration of his Account that occurs outside of the Company's main interests

Auction refers to an electronic time-critical Auction of a Product, on which all Registered Users may Bid

AutoBids refers to the Bids that any Registered User may instruct the Web Site to automatically place

Bid refers to the action of spending one or more Credits on an Auction, whereby each Bid increases the price of that Auction by one penny

Buy One Get One Free (BOGOF) means a special, promotional offer in relation to Credits. Note there are important provisos that apply to the use of this term throughout the Web Site. Please refer to Section 21 for full details.

the Company means Marcandi Ltd, The Courtyard, High Street Chobham, Surrey GU24 8AF, United Kingdom, Reg No: 6609609 VAT Reg No: 934 925792

Credits refer to the intangible MadBid currency which a Registered User may purchase, or otherwise acquire, in order to Bid on Auctions on the Web Site

MadBid means the Web Site run by the Company

Non-Personal Information means, but is not limited to:

1. the date a Registered User registered on the Web Site,
2. the categories of Auction which a Registered User Bids upon,
3. the Auctions won by a Registered User,
4. the Bids placed by a Registered User, and
5. the time of day a Registered User is typically active on the Web Site.

Payment Options means the options available to a Registered User to pay for Auctions, Credits, Products or any Services supplied by the Company. The options available include Credit Cards, Debit Cards, Paypal, Moneybookers and the Wallet.

Product means any currency, item, product, service, invitation or thing listed on the Web Site

Product Type means one of the four following types of Product: Platinum Product, Gold Product, Silver Product or Novelty Product

Promotions means the different and varied invitations to purchase displayed on banners, in videos and through text which are offered permanently and/or periodically by the Web Site. Promotions can include Buy One Get One Free offers (as detailed in Section 21), promotions which give free prizes and promotions that give a % of extra Credits upon purchase of a particular Credit Package (see Section 22).

Registered User refers to any person that has registered as a User through the Web Site

Time Period for Payment of Winning Bid means any time within 7 (seven) days of a Winning Bid

User or Bidder refers to any person who places a Bid on any item on the Web Site

Winning Limit means the amount of Products a User may win within a certain time period. Further Winning Limits apply by Product Type.

Web Site includes the head site domain madbid.com, and all other generic sub-domains, including (but not limited to) madbid.de, madbid.it, madbid.se, madbid.fi and madbid.es. This definition encompasses all sites provided by the Company for use by guests and Users

My MadBid means the personalised section of the Web Site where Registered Users may edit their account and view their recent activity including wins, Credits spent, orders and order status

Wallet means the location on the Web Site where a Registered User may view the details of money which MadBid currently holds on their behalf. The money held in a Registered User's Wallet is usually the result of that User having won an auction for a Cash product. The Cash will be immediately remitted to the Wallet when the auction closes.

Wallet Transfer Fee means the fee charged by MadBid to cover the administration involved in transferring an amount from a Registered User's Wallet to a Registered User's Bank Account.

Web Site means the web sites owned and operated by the Company

Winning Bid means the price of any Auction on which the Countdown Timer has reached zero

Winning Bidder means the Registered User who placed the Winning Bid on any Auction

The Company operates a Pay-to-Bid Auction Web Site, which:

1. runs Auctions,
2. supplies Products, and
3. supplies Services (such as Sneak-A-Peek).

These represent the Company's main interests.

The Company's Web Site is designed to encourage elements of 'social bidding' and to ensure a level playing field for all Registered Users who wish to Bid on its Auctions.

These Terms and Conditions are valid from the 8th December 2011. All Registered Users who registered with the Web Site prior to this date, are required to accept these Terms and Conditions to continue to use the Company's Web Site. If registering for the first time after this date, a Registered User must have accepted these Terms and Conditions to begin use of the Company's Web Site.

Registering on the Company's Web Site gives you the status of a Registered User. All Registered Users must therefore agree that these Terms and Conditions constitute the contractual relationship between the Company and the Registered User in relation to its Web Site.

These Terms apply equally to all countries in which the Company operates. Registration and use of the Web Site operated by the Company constitutes an acceptance by a Registered User of all of the Terms herein. These Terms constitute a legally-binding agreement between a Registered User and the Company. A Registered User is assumed to have read through them all carefully. If a Registered User violates any of these Terms and Conditions, he may be suspended from the Web Site.

If suspended from the Web Site, he will not be entitled to receive any item won or purchased from the Company and will forfeit any remaining Credits in his Account.

This Contract only covers the parties it intends to. Non-consumers who are in a business relationship with the Company cannot avail themselves of any of the rights given under this Contact and it would be wholly inappropriate for them so to do.

These Terms and Conditions apply exclusively to the business relationship between:

1. the Company, including its Web Site, and
2. its Registered Users.

By using the Web Site, a Registered User fully accepts these Terms, as well as the manner in which the Company conducts its business activities. The Company does not recognize any other Terms and Conditions unless the Company has agreed to their validity in writing.

None of the content on the Company's Web Site is intended to amount to advice. A Registered User should not place any reliance on it. The Company disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on any content on the Web Site, including by any parties who may link to such content or even be informed of such content by third parties.

For further information regarding Content, please refer to Section 4 (Products, Guarantees and Returns) and in particular Terms 4.3 (Product Descriptions) and 4.4 (Product Images).

The Company operates Web Sites in different countries. Different countries are subject to different overarching laws. The Company's Headquarters are based in the United Kingdom. All contracts between Registered Users and the Company are ultimately subject to the laws of the United Kingdom of England and Wales.

These Terms are governed by the sole jurisdiction of England and Wales. This Agreement excludes the UN Convention on the International Sale of Goods. Should (a) Term(s) of this Contract be the subject of legal action in the UK, and found to be unenforceable, this shall only affect the applicability of that (one) Term(s).

In the event of a dispute between a Registered User and the Company, a legal action may only be brought in the Courts of the United Kingdom. Further information is given in Section 19 (Any Claims).

A Registered User must:

1. be over the age of 16, and
2. be able to enter into legally-binding contracts with the Company, and
3. have a residential postal address (Not a PO (Post Office) Box address) to take delivery of won Auctions and Products, and
4. have a functioning e-mail address to receive updates from the Web Site, and
5. have a mobile phone to receive SMS messages from the Web Site (See further 2.5 (Mobile Phone Number) and 2.15 (Obligation to Update Mobile Phone Number)).

If a Registered User does not fulfill these requirements at time of agreement then the contract will be void.

A Registered User must not be:

1. a person who has already registered with the Web Site (See further 2.2 (Lone Registration) and 2.12 (Obligation to behave Honestly))
2. a previously suspended Registered User of the site, who has re-registered; and/or
3. a person in any way associated with the Company (see 1.13 (Restrictions on those Associated with the Company); and/or
4. resident outside of the country where he has registered (see further 2.1 (Requirement to be Resident in Country of Usage)).

If a Registered User is any of the above at time of agreement then the contract will be void.

Those associated with the Company will, of necessity, be required to use the Web Site in order to fulfill the Company’s obligations under Section 3 of this Agreement.

However, it is expressly forbidden for a Company:

1. employee,
2. Director, or
3. relative of an employee or Director

to use the Web Site in the manner of a Registered User.

No person who is associated with the Company under this section can agree to this Agreement, and none of the protections or rights herein are extended to a person associated with the Company.

This restriction extends to the creation of an Account by associates, partners or friends of any of the above persons, with the intent to purchase Credits and bid on Auctions legitimately.

The Company is committed to a level playing field for all Registered Users. To this end, no-one associated with any of the above persons may agree to these terms, become a Registered User and/or use the Web Site.

Further information will be found in the pertinent agreements signed by all those associated with the Company.

Insofar as the Company is insured for its liability in the remote case of any damage, the Company may assign any entitlement to an insurance settlement to the injured party. A Registered User shall be obligated to accept this assignment.

A Registered User must use the version of the Company's Web Site tailored for the country where they are resident. For example, only residents of the United Kingdom may use the uk.madbid.com Web Site. The Company filters all IP addresses used to access its different Web Sites. IP addresses from outside the country of operation will be rejected during operations such as Bidding and Buying Credits or Products. The prohibition extends to accessing any Web Site from abroad. A Registered User who is on holiday outside of his resident country must not attempt to use the Company's services until he returns from holiday.

Furthermore, if a Registered User has been suspended from the Web Site, but then physically moves to another country in which a different country Web Site operates, he must not attempt to become a Registered User in this new country.

It is strictly prohibited to Register, or to attempt to use any of the Company's services, from outside the country where a Registered User is resident. In the unlikely event that a Registered User is able to achieve this, his Account will be automatically terminated in accordance with Section 11 (Suspension). The effect of Suspension in this case will be as outlined in term 11.2 (Effect of Suspension).

A Registered User may not register more than once with the Company's Web Site. Multiple identities and accounts are banned.

A Registered User must choose a Username during the registration process. This Username must not be offensive or infringe the right of a third party. This Username must not be misleading, used to give opinions, or directly or indirectly solicit other Users of the Web Site to use the services of any other Company. Certain other obligations are created in respect of a Registered User’s Username in accordance with section 2.13 (Obligation to Retain Username).

The Company has a right to change any Username which is in breach of this term. See 3.1 (Right to Change the Username of a Registered User).

A Registered User will be given a Password for the Web Site during the registration process. This password must be kept secret. All Registered Users are liable for any activities undertaken using their Username and the associated password.

A Registered User provides a mobile phone number from his resident country during the registration process. This is done in order for the Company to authenticate him and allow him to become a Registered User of the Web Site. An authentication code is sent to this phone number. A Registered User has an obligation to notify the Company if this mobile phone number changes.

It is strictly prohibited to attempt to become a Registered User of a Company's Web Sites if you are resident in the United States of America.

A Registered User has the right to offer to buy any Product on which he placed the final Bid before the Auction Timer reaches zero. The Company has a corresponding obligation to sell that Product to him for the price of the final Bid (plus Shipping and Handling). See further under 3.27 (Obligation to Sell Any Auctioned Product to the Registered User who holds the Winning Bid).

A Registered User has the right to be notified if the Company concludes he has been guilty of Collusion. He has the right to be told why the Company believes he has colluded and why. He also has the Right to dispute the Company's claim using the procedure set out in term 10.5 (Disputing Company's Claim of Collusion).

A Registered User has the right to terminate this Agreement at any time. The Company provides the instructions on how to achieve this on its Web Site. Any effective communication in which a Registered User states he wishes to cancel his use of the Company's service (including telephone, e-mail or Registered Post) will terminate this Agreement. A Registered User has the right to cancel his account at any time, and the Company has no right to prolong the relationship.

If a Product is damaged in transit, then a three (3) day deadline post-receipt applies (See Term 9.9 (Three Day Deadline)). After this time, a Product cannot be returned to the Company. The Registered User must contact the Product's manufacturer directly in case of fault or the discovery of damage.

If a bought or won Product is not damaged, but a Registered User wishes to return it, he has the right to return it within a reasonable period of time. However, he must follow the procedure in Term 2.10.1 (Procedure for Return of Defective Product).

A Registered User must e-mail returns@madbid.com before sending the Product back to the Company.

He must also return:

1. the entirety of the Product,
2. all of the associated packaging and
3. all warranty information.

See further stipulations under Section 8 (Contractual Relationship and Cancellation of Account and/or Products Ordered).

If the Company needs to restart an Auction in the event of a Site Attack (See Section 12. Site Attacks) or due to any other technical problem), a Registered User has the Right to the return of all Paid Credits he spent on an Auction.

There is no Right to the return of Free Credits.

Furthermore, if a Registered User received an automatic notification of his 'win' - and was able to complete the Payment Process, he has the right to the return of the closing price he paid, plus the Shipping and Handling costs.

The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Auctions in a 'level playing field' environment. All Registered Users are expected to behave honestly and fairly. The services of the Company are only provided to a Registered User whilst the Company retains trust in that Registered User to behave in this manner. The Company will suspend any Registered User who breaches this requirement under Section 11 (Suspension).

A Registered User may change their username once, within the first seven days of registering on the Company's web site. After this period, a Registered User is obligated to retain that Username in respect of all of the Company's services.

A Registered User must keep his Web Site password secret. A Registered User is liable for any activities undertaken using his Username and the associated password.

A Registered User must ensure that he keeps the Company informed if he changes his Mobile Phone Number. If the Company cannot reach a Registered User on his Mobile Phone Number, the Company reserves the right to consider this as a violation of the Terms and Conditions, and to accordingly take the actions detailed in Section 11 (Suspension).

A Registered User's account is non-transferable. Only one individual person may use any the account of a Registered User. If the Company finds that the Registered User is allowing other individuals to use his Account, it will take the actions detailed in Section 11 (Suspension).

A Registered User is offered a number of methods to make payment for products won and Credits. These methods cannot, and must not, be used over different Accounts held with the Company.

If a Registered User uses a Payment Method (such as PayPal, MoneyBookers, etc.), this Payment Method becomes associated with his Account. If that same Payment Method is then used with a different Account, this triggers an investigation into whether Collusion is taking place (See Section 10, Collusion).

The Company recognizes that, in some cases, there will be an innocent explanation as to why a Payment Method associated with a different Account, may have been used to fund a different one. Nevertheless, a Registered User expressly undertakes never to allow any funding of another Registered User's account with the Company using any Payment Method he has himself used on the Company.

In exceptional circumstances, the Company may approve a Payment Method associated with a different Account. The Registered User must:

1. contact the Company before making payment, and
2. request payment be taken via this alternative Payment Method.

Whether or not to allow that Payment Method will be at the sole discretion of the Company.

A Registered User recognizes that, in order to effectively police the operations performed on the Company's web site, the Company may need to verify his identity. This verification will be done in accordance with the Company's right under term 3.2 (Right to Verify Identity of Registered User).

A Registered User recognizes that, if he is requested to provide proof of his identity, this becomes an obligation which may need to be fulfilled before he can continue using the full services of the web site.

If a Registered User does not wish to supply documents reasonably requested by the Company, he is obligated under section 2.19 (Obligation to Notify the Company if Refusing to Provide Proof of Identity) as appropriate.

A Registered User who is obliged by virtue of term 2.18 to provide proof of identity has the Right to refuse to upload it.

If so, he must notify the Company within 14 days of the Company's request of his refusal. If the Registered User refuses to supply the identification documents, that Registered User understands that the Company will withdraw their Acceptance of his Offer(s) to buy any Auctions or Products.

In the rare event that the Registered User:

1. has not supplied identification documents;
2. has paid for an Auction, or Product; and
3. has not had it delivered to him due to his refusal to confirm his identity

the Registered User may opt to be refunded the amount(s) paid in full for those non-delivered goods.

A Registered User must only use the Web Site of a country where he is resident. A Registered User must not attempt to access the Web Site of his resident country from outside of his resident country.

A Registered User cannot use the site if he is, for example, on holiday outside of his home country. (See further term 2.1 (Requirement to be Resident in Country of Usage).

A Registered User must pay the amount of his Winning Bid within the Time Period for Payment of Winning Bid.

Failure to do will result in the Registered User forfeiting his right to buy the Product in that Auction. Furthermore, if the Registered User does not make payment within the Time Period for Payment of Winning Bid, the Company will not be obliged to return the Credits the Registered User spent in winning the Auction.

A Registered User may need to contact the Company in rare situations concerning the supply of an Order (for example, the supply of an Age-Restricted Product or if the Registered User wishes to ship to an address which he appears to have inputted incorrectly).

In such situations, the Company will communicate this to him. This communication can take the form of:

1. an e-mail; and/or
2. via SMS; and/or
3. via telephone call; and/or
4. by the status of a Won Auction or Product being changed to 'On Hold' (This message will then appear in the Registered User's My MadBid section).

When the Company contacts the Registered User and seeks information from him, the Registered User must not refuse contact with the Company.

The Registered User must respond within thirty (30) days to any enquiry made of him from the Company, otherwise the Company may institute its right to suspend the Registered User (See Section 11. Suspension).

A Registered User must carefully check the packaging and particulars of any Product he receives from the Company. This inspection should be done immediately on receipt of any Product won from the Company.

If the Packaging is clearly damaged, a Registered User should refuse to take delivery of the Product, should refuse to sign for delivery, explain to the Courier why he refuses to sign and refer to the terms in Section 9 (Delivery).

If the Packaging is not damaged, but the Product itself is, then a Registered User must report this to the Company within 3 (three) days of receipt. See further Section 9 (Delivery).

The Company reserves the right to change the Username of any User who has chosen a Username which is contrary to term 2.3. If the Company is of the opinion that such a Username was chosen for malicious or nefarious purposes, the Company additionally reserves the right to suspend such that Registered User's Account. (See Section 11 (Suspension)).

The Company has the right to verify the identity of any Registered User at any time, using all reasonable endeavors. This Right to Verify extends to a temporary hold being placed on the activities of any Registered User whilst the necessary verification is carried out.

The Company has the right to request that a Registered User provide a scan of photo ID (such as a Passport or Driving License), proof of address and/or other documentation reasonably required for verification purposes.

The Company reserves the right to suspend any Registered User who is in breach of the restrictions in term 1.12.2, or who does one or more of the following:

1. Creates multiple identities on the Web Site;
2. Bids under more than one Username;
3. Allows different individuals to Bid using his Account;
4. Uses unfair means to win any Auction;
5. Registers on any of the Company's Web Site from any other country other than the country permitted by that Web Site (See further 2.12 (Obligation to Behave Honestly)).

This term applies only to a Registered User who does not supply the necessary documentation in accordance with term 3.2 (Right to Verify Identity of Registered User) within 14 (fourteen) days of the Company's request.

In such a case, the Company has the right to permanently:

1. withdraw any Acceptance to sell any Auction or Product to that Registered User,
2. suspend and/or permanently remove the account of that Registered User,
3. prevent that Registered User from purchasing further Credits,
4. prevent that Registered User from bidding (including Autobidding) on auctions and/or products and
5. take any further reasonable actions at the Company's discretion in respect of that Registered User.

Should a Registered User change the phone number linked to his Account:

1. his Account status will become suspended,
2. any instructions to Autobid on that Registered User's behalf will be cancelled.

The account status remains suspended until the Registered User confirms the phone number change with the Company. During this time the Registered User cannot buy Credits or bid on any Auction.

Alongside the Auctions run by the Company, the Company sometimes lists a Buy Now price for an identical Product. Full details on Buy Now are listed in Section 15 (Buy Now). The Buy Now price constitutes an Invitation to a Registered User to make an offer to buy that Product for the Buy Now price. A Registered User who takes advantage of the Buy Now price in this fashion makes an offer to the Company. In very rare circumstances, a Buy Now price may be incorrectly displayed to a Registered User. Notwithstanding the automated manner by which the Web Site processes payment for a Product, the Company reserves the right not to accept the offer to buy that Product if the Buy Now price displayed was incorrect.

In the case of obvious error with the Buy Now price (e.g. if a Buy Now price is mistakenly listed as zero or one penny), the Company has the right to reject any offer by any Registered User to buy that Product for the Buy Now price, notwithstanding that the Registered User has completed, and paid for, the Product in question.

In the case of a less obvious error with the Buy Now price (e.g. if a Buy Now price is mistakenly listed as £8 instead of £80), the Company has the discretion to either:

1. reject any offer by any Registered User to buy that Product for the Buy Now price, notwithstanding that the Registered User has completed, and paid for, the Product in question; or
2. accept the Registered User's offer.

If the Company opts to accept the Registered User's offer on one occasion, this in no way implies or infers any precedent for the Company's behavior in relation to any future errors.

In any circumstances where the Company rejects a Registered User's offer to buy a Product for the Buy Now price, the Company will communicate to that Registered User by e-mail

1. why the Buy Now price was incorrect and
2. why his offer was not therefore not accepted.

The Company's decision in whether to reject or accept an offer shall be final and, other than the communication due under this term, no further correspondence will be entered into.

In all circumstances where the Company rejects a Registered User's offer, it will compensate that Registered User in full by:

1. reversing the transaction, or
2. crediting the exact amount paid by the Registered User to his Wallet.

The Company will discuss any Account with the Registered User named on that Account.

An Account is operated by an individual person, who is the Registered User of that account. The Company will never discuss an Account with any person who is not the Registered User of that Account.

The Company reviews the logs of the Auctions it runs regularly. The Company takes collusion, and what it perceives as collusion, very seriously. Members of the same household must not bid on the same Auction, as this could be perceived by the Company as a collusive operation. To this end, the Company reserves the right to restrict the number of Accounts that may be registered to a particular household.

The Company has the right to investigate any Auctions for evidence of Collusion between two or more Registered Users. (See further Section 10 (Collusion).)

The Company has the right to restart Auctions, if the Company finds evidence of Collusion in the event that Collusion has been perpetrated by two or more Registered Users. (See further Section 10 (Collusion).)

The Company has the right to terminate this Agreement at any time.

The Company has the right to change the running time of an Auction at any time. The Company can increase an Auction time, so that it runs for a longer period, or decrease it, so that it runs for a shorter period. The Company can change the running time of live, sleeping and scheduled Auctions without notice to any Registered User.

In addition and separately to term 3.10 (Right to Restart Auctions in the Event of Finding Collusion), the Company has an inviolable right to remove any Auction in its entirety at any time.

Reasons for the exercise of this right include if the Auction:

1. has been listed with a technical error (See 3.6 ('Right Not to Accept an Offer to Buy in case of Technical Error')) or;
2. in the event of Site Attacks (See Section 12 (Site Attacks)).

The Company is not obliged to immediately return all Credits spent by Registered Users on that Auction if it removes an Auction.

In the event that an Auction is removed under this term, the Company will contact all Registered Users affected by the removal and:

1. explain why the Auction was removed, and
2. instruct the Registered Users how to proceed.

If the Company does remove an Auction under this term, the Company will consider whether to:

1. refund some or all Credits spent on the Auction,
2. restart the Auction in a managed and reasonable manner; and/or
3. restart the Auction from £0.00.

If the Company discovers evidence of Collusion in the process, the Company will have the further rights outlined under 3.9 (Right to Investigate Auctions for Possible Collusion).

The Company has the right to change the Winning Limits (the amount of Products a Registered User may win within a specific time-frame) at any time.

If a Registered User has placed the Winning Bid on an Auction, but does not pay for that Auction within the Time Period for Payment of Winning Bid, the Company has the Right to retain:

1. the Product in its entirety;
2. all Credits spent by the Registered User in winning that Auction.

The Company has the Right to run its Auctions on other web sites that use branding that does not necessarily feature the distinctive branding of the Company.

The Company has the Right to restart Auctions if the Web Site is attacked. (See further Section 12, 'Site Attacks').

The Company has the Right to make changes to these Terms and Conditions at any time. Amended Terms and Conditions will need to be accepted for any Registered User to continue to use the Company's Web Site.

The Company shall not be liable for faulty operation of SMS, computer hardware or software processing during the Bidding Process. The Company will not entertain a Registered User who claims that but for such an event, he would have won a particular Product in place of the actual Winning Bidder. A Registered User will have no rights over any Product in such circumstances.

The Company shall not be responsible for any indirect or direct loss consequent to any Registered User or third party which he may incur due to the Company’s exercise of its rights.

The Company operates its Web Sites so that all Registered Users have the opportunity to win one or more Auctions in a 'level playing field' environment. The Company will not be involved in any activities that negatively affect that environment, and will not behave in an unreasonable manner or outside of the Terms of this agreement. All promotional material by the Company will not seek to mislead, and will accurately describe the Web Site and its services.

The Company shall be obligated to ensure no member of its staff, employees, consultants, friends, relatives, associates, investors or any third parties with any direct or indirect relationship with the Company participate in any Auctions on the Company's web site

The Company shall effectively police its Web Site and investigate all potential Collusion between Registered Users, to protect non-colluding Registered Users.

If the Company finds an Auction was won through Collusion or because of a Site Attack, the Company shall ensure it notifies any Registered Users who were prevented from placing Bids on that Auction.

The Company undertakes to inform all Registered Users if these Terms are in any way changed, redacted or modified (including if additional Terms are added, or existing Terms are deleted).

The Company's Auctions are Invitations to Registered Users to Treat themselves to win the Auction for its Closing Price. When the Timer reaches zero, and the User makes payment of the Closing Price plus Shipping and Handling, the Company is obligated to deliver that Product to the Registered User. Please note the information regarding Delivery times in term 9.6 ('Best Estimate Delivery Times').

The Company is obligated to accept the offer of any Registered User to buy one of the Products featured in an Auction for the price of the Winning Bid plus Shipping and Handling. However, this Obligation is subject to the User's obligation to make Payment of the full amount requested within the Time Period for Payment of Winning Bid.

All Auctions for Products, and all Products sold on the Web Site are:

1. new,
2. unused,
3. intended for normal domestic and consumer use.

Note that Products are not intended for:

1. resale, or
2. commercial use.

All Products are supplied on the basis they are fit for any reasonable purpose to which the Winning Bidder may put them.

The Product descriptions placed by the Company on its Web Site do not constitute contractual terms of purchase. Whilst in the vast majority of cases, these descriptions will fairly and accurately describe the Product, any Registered User should confirm the Product Specification from the Manufacturer's web site before placing a bid on the Product.

The images of Products on the Company's web site are for illustration only. They are often publicity photographs or stock photographs and they are rarely of the actual Product the Winning Bidder will receive.

In the event that a Registered User expresses that a Product is faulty, the Company may arrange for a replacement Product to be immediately shipped. The Registered User must ensure that the original faulty Product is returned either before or as soon as the replacement arrives. (See further Section 8 (Contractual Relationship).)

If the Registered User does not return the faulty Product within thirty (30) days, the Company will suspend the Registered User and may take Court proceedings in respect of the unreturned faulty Product.

The Company or its delivery partners may, in very rare situations, send an incorrect Product to a Registered User. To ensure that the mistake is remedied as quickly and as smoothly as possible, it is vital in these situations that the Registered User contacts the Company at returns@madbid.com. The Company will then be able to suggest the best place for the Registered User to return the item to. An e-mail confirming the replacement will then to confirm that the incorrect Product was sent, and to guarantee the replacement correct Product will be shipped. The Registered User must return the incorrect Product immediately and within five (5) days of reporting the issue to the Company.

If the Registered User does not return the incorrect Product within thirty (30) days, the Company will suspend the Registered User and may take Court proceedings in respect of the unreturned Product.

Failure to return a faulty of incorrect Product within the prescribed period will give the Company the right to refuse to issue a replacement.

If a defective Product supplied by the Company causes damages to property, death or personal injury, the customer should refer to the Product's manufacturer.

All other warranties and conditions (both express and implied) as to quality, condition or description (statutory or otherwise) are disclaimed to the fullest extent permitted by law.

Bidding on an Auction can only be performed by a Registered User of the Web Site. When a Registered User Bids on an Auction, he will spend a number of Credits.

Each Auction has dedicated Auction Hours which are displayed in the information pertaining to that Auction. When an Auction reaches the final second of its hours, it will Sleep, and will resume again in the first second of its hours the following day.

Each Auction will inform the Registered User how many Credits will be deducted per Bid. The number of Credits deducted per Bid ranges from 1 Credit to 8 Credits. After a Bid is processed by the Web Site, the number of Credits is deducted from the Registered User's account. Credits deducted cannot be returned to the Registered User.

Two options exist for a Registered User to Bid on any Auction listed on the Web Site. The first is to place a Manual Bid. The second is to place an instruction to Autobid.

The Company provides a button which a Registered User must click (once) to place a single Bid on any Auction. A Registered User should also be aware of how the Timer Countdown operates if using this method to Bid. (See term 5.4.4 (Timer Countdown).)

The Company provides a tool to place Bids automatically on its Auctions. This tool allows a Registered User to place instructions to

1. commence Bidding when a specific target price is reached, and
2. Bid a given number of times.

The Autobid tool is intended to be used as an alternative to Manual Bidding. It frees the Registered User from needing to spend long periods on the Web Site, but Bids as if the user were on the Web Site. Full instructions on the Autobid tool are available on the Web Site.

The Company disclaims any and all potential losses which a Registered User may ascribe to his use of the Autobid tool to place Bids, including:

1. the Registered User's failure to understand the use of the tool,
2. the Registered User's mistaking the Bidding process for the amount of Credits deducted, and/or
3. the Registered User setting a target price lower than the current Bid price.

If there is a delay in the Autobid tool contacting a Registered User, this is not actionable.

If the Autobid tool fails due to network outage, a Site Attack or in the rare event of technical error with the Company Web Site:

1. the Registered User will contact the Company and report exactly what the problem was; and
2. the Company will be obliged, if the failure of the Autobid tool was not due to an external factor, to refund all Paid Credits expended on that Auction to the Registered User.

The Company may close an active instruction to place Autobids without notifying the Registered User who placed those Autobids.

The Autobid tool will stop placing Bids for that Registered User if a Registered User:

1. runs out of Credits; and/or
2. has placed Autobids on several, or many, Auctions, and wins an Auction which then prevents him from placing Bids on other Auctions.

The Registered User has no right to have any Credits returned to him in either event. The Company will inform the Registered User of:

1. the amount of Credits he requires to bid on a particular Auction through the Autobid tool; and
2. that Registered User's current Winning Limits through the My MadBid section.

The Company will use its best endeavors also to contact a Registered User in the event of any problems with the instructions he has placed. However, no obligation attaches to these endeavors. It is the Registered User's responsibility to use the information provided to him by the Company to effectively place his Autobid instructions.

All Auctions begin at a specified time. All Auctions begin with a Starting Price of £0.00.

All Auctions display a Timer Countdown. All Auctions have a display for a stated time, which is displayed in the information relating to that Auction. This Timer Countdown is not constant. Notwithstanding what the Timer Countdown may display at any one time, the Timer Countdown length can vary. This variation occurs:

1. when an Auction is attracting many Registered Users to bid (Timer Countdown decreases);
2. when an Auction is attracting few Registered Users to bid (Timer Countdown increases);
3. when an Auction straddles different 'periods' of any given day (Timer Countdown increases/decreases to suit the average number of Registered Users on the Web Site at that time).

The Timer Countdown is extremely reliable. Nevertheless, network delays, browser differences and connection difficulties mean the Timer Countdown is a visual approximation of the time remaining for that Auction. Registered Users should never wait until the last second to place a bid.

None of these changes affect the fact that, when the Timer Countdown hits 0, the Registered User who has Bid last can make payment for the Product auctioned.

Each time a Registered User places a Bid, the timer will restart from the Timer Countdown displayed as per term 5.4.4 (Timer Countdown).

Each time a Registered User places a Bid, no matter the number of Credits that are deducted from that Registered User's Account, the Auction price will increase by £0.01 (one penny).

The last Registered User to place a Bid before the Timer Countdown reaches zero is deemed to be the Auction Winner. He will be able to offer to purchase the Product for the Closing Price plus Shipping and Handling.

The Auction Winner is determined by the Company's records. In the rare event of any dispute occurring, it is the Company's decision on who placed the last Bid on the Auction. The Company's decision will be final.

By placing a Bid in an Auction, a Registered User is agreeing to purchase the Product featured if he has the Winning Bid in that Auction. He is furthermore committing himself to pay the Winning Bid (plus Shipping and Handling) within the Time Period for Payment of Winning Bid. If the Registered User does not make payment within this period, then:

1. the Registered User forfeits his right to buy the Product, and
2. the Company has the right to retain ownership of the Product.

The Company lists some Auctions which appear in several countries. All Auctions which are International Auctions are clearly labeled as such. The details of an International Auction may vary from country to country as follows:

1. by natural language - the description of the Auction and Product will be in the natural language of the Web Site being viewed, and
2. by Product Specification - there may be differences between the specification of an individual Product.

Product Specification differences are most notable in the case of high value Products such as cars, motorcycles or cash. For example, if a particular model of car is available in the UK, but not available in Sweden, the Auction will reflect a different model of car. The Company endeavours to match Products which are available locally to each Registered User, of same, or of equal specification, and of same approximate value. If a Product is unavailable in a country, it displays as the nearest comparable Product that is available in that country.

Credits can be purchased in Credits Packages at the currently applicable prices listed on the Web Site. Typical prices range from approximately £9.99 for a Credit Package of 80 Credits to £374.99 for a Credit Package of 3,750 Credits.

Credit Packages must be paid for using the On-Line Payment Process. This Payment Process requires a Registered User to confirm his offer to buy a Credit Package by completing an on-line checkout.

Credit Packages must be paid for using one of the specified Payment Options. All Credit Package prices are displayed inclusive of VAT.

A contract for the supply of the Credit Package comes into being when the Registered User:

1. indicates the Credit Package he wishes to buy,
2. agrees to pay by one of the specified Payment Options, and
3. confirms his decision to proceed.

After (c), the following steps occur:

1. a contract is created between the Registered User and the Company in respect of the supply of that Credit Package
2. this contract is concluded by means of the Payment Process being completed, and the Registered User's account being credited with Paid Credits to the value of the Credit Package purchased

All bought Credit Packages are non-refundable.

A Registered User who has bought any Credit Package within the previous fifteen (15) days can claim one (1) free Credit per day by clicking on the appropriate link on the Web Site.

The cash value of free Credits is £0.00.

All types of Credits have a time limit, after which they will expire. On expiry they will disappear from the Registered User's account. Free Credits expire 30 (thirty) days after they are claimed. Paid Credits disappear 180 (one hundred and eighty) days after they are purchased.

The Company runs promotions, in which it offers a number of deals in relation to the purchase of Credit Packages. These deals take the form of a Discount Code which can be entered during the Payment Process. Codes must be entered within their stipulated timeframe to be valid. Outside of their stipulated timeframes, the codes will not operate on the purchase of Credit Packages. Each Discount Code is unique and should be referred to for full details before being entered into the Payment Process by a Registered User.

The 'Rapid Recharge Feature' immediately buys a Credit Package for any Registered User if:

1. his Credit balance falls below the level stated at the time he requests the Rapid Recharge Feature, or
2. as otherwise notified to the Registered User by the Company from time to time.

Any Registered Users who do not want to request the Rapid Recharge Feature should untick the relevant box. When a Registered User requests the Rapid Recharge Feature, he grants the Company the right to use his saved Credit Card details to purchase Credit Packages stated at the time he requests the Rapid Recharge Feature when his Credit level falls below the stated level.

A Registered User may disable the Rapid Recharge Feature at any time by going to My MadBid and unselecting the Rapid Recharge tickbox, and then submitting the form changes.

Immediately after the Rapid Recharge Feature is disabled by the User, the authority granted to the Company to use his saved Credit Card details for the Rapid Recharge Feature is withdrawn.

All purchases made through the Rapid Recharge Feature are purchases of Credit Packages for the purposes of these Terms and Conditions.

The Company disclaims any and all potential losses (i.e. lost auctions) which a Registered User may ascribe to as a result of Rapid Recharge failure.

When an Auction is won, notification is automatically sent by e-mail to the Winning Bidder. This notification invites the Winning Bidder to make an Offer to buy the Product featured in the Auction. This notification is in no circumstances to be construed as a legally-binding Offer which can be accepted by the Registered User on payment. This is particularly the case because the Company operates in a time-critical and extremely technical environment.

The Winning Bidder receives immediate notification of his win by e-mail and SMS. He is also granted access to all of the important information in relation to receiving the Product and available Payment Options. This information is available in that Registered User's My MadBid section.

The Winning Bidder must pay for the Product plus Shipping and Handling within the Time Period for Payment of Winning Bid.

If a Winning Bidder, outside of the Company's Payment Process, sends a payment for a winning auction to the Company, and this payment is incomplete (i.e. is for less than the Closing Price plus Shipping and Handling), then the Product will not be shipped to the Winning Bidder until the remainder of the payment is received.

For the purposes of the Distance Selling Regulations in the UK, and comparable European Legislation for those countries in the EU in which it operates, these Terms and those in Section 9 (Delivery) express the Company's position in relation to Auctions and Products displayed on its Web Site.

A contract between any Registered User to receive, and the Company to supply, any advertised Product comes into existence only when the following conditions are satisfied:

1. The Registered User has placed the winning bid on an Auction which the Company is running on its Web Site; or
2. The Registered User has placed an order to Buy Now in respect of a Product which the Company has displayed on its web site
    
   and
3. In respect of either (a) or (b), the Registered User has completed the Payment Process and has offered full Payment of the price plus Shipping and Handling
    
   and
4. The Company has had the reasonable opportunity, with reference to its rights under 3.9 ('Right to Investigate Auctions for Possible Collusion') to assess that the Registered User has not acted in any way that entitles the Company not to accept that Registered User's offer to pay.

A reasonable time shall be a minimum of two working days.

A Registered User has the right to cancel his offer to buy any Product at any point, both before making payment and after making payment:

1. within two weeks of making payment for the Product, and/or
2. and within seven days of the Product being delivered.

If the Registered User cancels within two weeks of making payment for the Product, he is not obliged to take delivery of the Product.

To cancel an Order before making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product. The Company will refund all Credits used by the Registered User on the Auction that concerned that Product.

To cancel an Order after making payment, the Registered User will contact the Company and explain that he does not wish to avail himself of the purchase of the Product. If the Product has not been shipped, the Company will refund the price paid plus the Shipping and Handling costs. The Company will also refund all Credits used by the Registered User on the Auction that concerned that Product.

To cancel an order after making payment and after the Product has been delivered, a Registered User will contact the Company and indicate his intention to return the Product. He will then, within seven days, return the Product in its entirety and inclusive of all the original packaging to the Company's Headquarters. See further term 8.6 ('Preferred Method of Cancellation') in these circumstances.

The Registered User may not return Products which are Audio or Video Recordings. The Registered User cannot return a software product unless he has not broken the Security Seal on the software product. The Company will not refund any Credits used in Auctions for Audio/Video Recordings and Software.

If a Registered User opts for Cancellation of an Order, he should contact the Company in writing either before or with the return of the Product. If contacting the Company via e-mail, he should write to: returns@madbid.com

If a Registered User's Cancellation of an Order is effective:

1. the Registered User must return the Product; and
2. the Company must return the amount paid by the Registered User for the Product.

This term applies whether the Product was purchased by a Registered User holding the Winning Bid, or purchased using Buy Now.

If the Product was shipped to the Customer before effective Cancellation of the Order, the Company is not obliged to return the Shipping and Handling paid by the Registered User.

If the Registered User:

1. is unable to return the Product; or
2. returns the Product in a damaged condition

the Company will assess, on a case by case basis, whether the Registered User has fully satisfied the requirements under term 8.3 (Cancellation of Order). If the Company has suffered financial losses or other losses as a result of the Registered User's Cancellation, the Company may make any reasonable claim against the Registered User for compensation to the value of this loss.

Although not a requirement, the Company prefers that, if opting for Cancellation of an Order after a Product has been shipped, the Registered User:

1. returns the Product via the same carrier as it has been shipped (for example, if shipped to him via Royal Mail, returned by him via Royal Mail), and
2. returns the Product in the same packaging in which it has been shipped

In circumstances where the Product won cannot be returned in this manner, the Registered User is encouraged to contact the Company to co-ordinate its collection.

If a Registered User cancels a product, he must ensure that he sends back the Product with sufficient postage for the Company to take delivery of it. If the Company is requested to pay a fine or a postage uplift to take delivery of the returned Product, this will be passed on to the Registered User.

The Company is only responsible for return postage or courier costs if:

1. the Registered User has decided to cancel the Product after delivery; and
2. the total price of the Product (its Closing Price plus Shipping and Handling) is more than £40

A Registered User has a right to cancel his Account and to unilaterally terminate his Agreement with the Company. The Registered User retains his Statutory Rights in relation to mail-order sales and e-Commerce transactions insofar as his Rights are not positively enhanced by this Agreement.

By cancelling his Account, a Registered User does not become entitled to the recovery of the cost of Paid Credits in his Account.

Unless otherwise specified, delivery will be made from:

1. our supplier's warehouses, or
2. our own warehouse(s)

To an address provided by the Registered User.

From date of payment for any Auction or Product, the Company will deliver the item within a minimum of five (5) days and a maximum of thirty (30) days.

Domestic deliveries from the Web Site are made solely within the home country in which the Registered User is based

International Auctions are treated in accordance with term 3.16 (Right to Run Auctions Across Multiple International Platforms and Brands) and alternative Products may be sourced from outside of the host country in abiding by this term.

A Registered User will be deemed responsible for a delay in sending out a Product if he has not provided essential information the Company requires in Order to "finalize" it.

This term is intended to apply in situations such as if a Registered User wins or buys a computer game but fails to tell the Company which format he would like the game supplied upon.

This term is also intended to cover situations where a Registered User asks for a Product to be delivered to an address that is not verifiable or recognized. The Company, if it encounters problems with a given address, will require that the Registered User contact it. See, for example, term 2.22 (Obligation to Contact the Company if Required).

All delivery times given on the Web Site are estimates. All information regarding delivery time is non-binding. This does affect the Company's obligation to deliver Products. The Company works with trusted delivery partners to ensure the best possible service.

If a Product arrives in packaging which has been clearly damaged during transit, the Registered User should refuse to take delivery of the Product. If deciding to take delivery in spite of damage to the packaging, and if the Product was delivered via a registered courier or postal service, the Registered User should add the words 'Damaged and not examined' above his signature.

If a Product shipped to a Registered User is faulty or broken, and this damage is only revealed after unpacking the Product from its packaging, the Registered User must contact the Company with three (3) days to ask for a replacement Product to be shipped.

It is not necessary, under this term for the Registered User to have added the words 'Damaged and not examined' under section 9.7 if indeed the Damage was not visible before the Product was unpacked.

The company does not accept responsibility for any damage of faulty goods once three (3) days have elapsed. The Registered User must immediately inspect any Product he purchases from the Company and raise the matter with the Company within three (3) days. If the Registered User does not contact the Company within the three (3) day period, the Product is, insofar as the Company is concerned, deemed to have been accepted. All Products shipped are new. The Registered User will retain all his statutory rights in relation to the purchase against the Product manufacturer, and the Company will assist in any way it can if the Registered User wishes to return the Product to its manufacturer.

The Company does not accept any liability for damage or failure of any Product due to neglect and/or misuse by a Registered User. In addition, no liability attaches to the Company for damage to a Product caused by accident or normal wear and tear.

The Company may, in extremely rare situations, encounter difficulties in providing a particular Product notwithstanding having accepted an Offer to supply the Product. The Company uses reliable delivery partners and will make every effort to source the Product. In the event that its delivery partners report that they cannot deliver the Product within 30 (thirty) days to a Winning Bidder, the following actions will occur:

1. The Company will offer the Winning Bidder a substitute Product, which has comparable or better features than the original; and/or
2. The Company will refund any and all payments made for the Product in question, including Paid Credits spent on that Product if originally part of an Auction.

The Registered User's statutory rights are not affected.

If a Product is lost in transit, a Registered User will contact the Company to claim either a replacement or a refund of the amount he paid, plus Shipping and Handling, within 7 (seven) days.

For the purposes of this Agreement, Collusion includes agreements and co-operation between two or more Registered Users designed to:

1. limit open competition for any Product or Auction;
2. discourage other Registered Users from participating in any Auction,
3. use the Web Site in a way that distracts from its intended purpose, or
4. use the Web Site in a way that has a negative effect on the spirit and enjoyment of the Web Site.

Collusion also includes any activities that give the impression that there is more competition for any Auction or Product than there actually is. Examples of which would be:

1. a group of Registered Users all agreeing to bid on the same Auction (hence giving other Registered Users the appearance that the item is particularly sought after)
2. a group of Registered Users agreeing to split the proceeds of any won Auction and then 'team-bidding' on that Auction (so that one member of the group is not competiting with any other members of the group but only with Registered Users outside of that group)
3. a group of Registered Users from the same household, family or group of friends bidding in tandem on the same Auction
4. a group of Registered Users 'pooling' money to bid on one Auction under one identity
5. a group of Registered Users intentionally targeting a single other Registered User

The Company monitors the Credits spent, the Registered Users spending them and the bids placed by them on all of its Auctions. The Company will investigate any data which indicates Collusion may be taking place. Examples of behavior which will trigger an investigation are given in term 3.9.

The Company will investigate further if it finds:

1. two or more Registered Users bidding on the same Auction from the same IP address;
2. two or more Registered Users with the same address or Payment Identifier;
3. two or more Registered Users bidding on the same Auction who share common characteristics - i.e. similar usernames, birthdates and geographical locations;
4. patterns between two or more Registered Users only being involved in the bidding for any Auction at times when other Registered Users are not bidding

This list is not exhaustive.

The Company will base its conclusion upon a reasonable interpretation of the evidence. If the Company's investigation concludes that there is evidence of collusion on the part of a number of Registered Users, the Company will inform any Registered User it believes has been guilty of Collusion of why it believes that Registered User has colluded and why.

Any dispute by a Registered User as to the correctness of the Company's decision that he colluded must be entered into in writing.

The Registered User will be entitled to have the necessary evidence upon which the Company relied disclosed to him, in accordance with existing Data Protection legislation, and on payment of a nominal fee (currently £10) to cover administration costs.

If the Registered User believes the Company has not reasonably inferred collusion from the evidence available, no part of this Agreement is intended to interfere with his right to bring a legal action against the Company. However, the Registered User will be restricted to a claim for the cost of the Paid Credits he personally spent on the Auction.

Nothing in term term 10.5 will affect, or delay, the Company's right to restart any Auction under terms 3.10 (Right to Restart Auctions in the Event of Collusion) and 3.17 (Right to Restart Auctions in the Event of Site Attack).

If a Registered User disputes the Company's claim that he colluded in relation to an Auction, the Company retains the right to restart the Auction notwithstanding the dispute. The Registered User's correct course of action in such circumstances is to follow the instructions set out in term 10.5 (Disputing Company's Claim of Collusion).

In relation to any investigation into Collusion, the Company may reach one of the following conclusions:

1. No evidence of Collusion
2. Reasonable evidence of Collusion
3. Suspicion of Collusion

No action will be required to be taken and the Company will not restart the Auction.

For the Company to have reasonable evidence of Collusion, it must believe, based on a reasonable and honestly-held belief and having regard to pertinent evidence, that:

1. the definition of Collusion (defined in term 10.1) has been satisfied and
2. the evidence of Collusion (defined in term 10.2) is such that a reasonable man would conclude Collusion had taken place

It is not necessary for the Collusion to have resulted in any of those colluding Registered Users to have ultimately won the Auction.

If (a) and (b) above are fulfilled, the Company will take the following actions:

1. the Company will suspend those Registered Users it has determined colluded,
2. the Company will not be obliged to accept the Winning Bid on that Auction on which there was Collusion,
3. the Company will return that Auction to the state it was in before the Collusion and associated bidding took place,
4. the Company will restart the Auction.

For the company to have suspicion of Collusion, it must simply believe, based on a reasonable and honestly-held belief, that:

1. the definition of Collusion (defined in term 10.1) has been satisfied and
2. the evidence of Collusion (defined in term 10.2) is such that a reasonable man would conclude Collusion had taken place

It is not necessary for the Collusion to have resulted in any of those Registered Users suspected of colluding to have ultimately won the Auction.

If (a) and (b) above are fulfilled, the Company will take the following actions:

1. the Company may contact those Registered Users it suspects colluded,
2. the Company may provide those Registered Users with a list of other Registered Users which they must not participate with,
3. the Company may return that Auction to the state it was in before the suspected Collusion and associated bidding took place,
4. the Company may restart the Auction.

Suspension of a Registered User will only be taken in accordance with this section.

A Registered User will be suspended if:

1. he is found to have been in breach of any of the restrictions under 1.12.2 (Registered User Restrictions) when he agreed these Terms and Conditions; and/or
2. he is found to have been Associated with the Company under 1.13 (Restrictions on those Associated with the Company) when he agreed these Terms and Conditions; and/or
3. he has subsequently become in breach of any of the restrictions under 1.12.2 (Registered User Restrictions); and/or
4. he has subsequently become Associated with the Company under 1.13 (Restrictions on those Associated with the Company).

Additionally, the Company will suspend a Registered User who:

1. it has reasonable evidence has colluded with others to unfairly win any Auction (See further Section 10 (Collusion)); and/or
2. it suspects is targeting the Company Web Site with spam e-mail, worms, viruses, electronic attacks including Denial of Service (See further Section 12 (Site Attacks))

Additionally, the Company may suspend a Registered User who:

1. has instituted a request through a third party Payment Provider for cancellation or refund of any order placed through the Payment Process, unless that Registered User agrees to pay the Administration Fee for this service; and/or
2. has refused to respond to an enquiry made by the Company, or has not responded within thirty (30) days of an enquiry made by the Company.
3. has indicated an intention to proceed with a Court claim against the Company

A Registered User who is suspended will:

1. forfeit all Credits currently held in his account;
2. have his details passed to the Company's Fraud Investigation Department in order to determine whether there is enough evidence of Conspiracy to Defraud to involve the authorities;
3. be prevented from re-registering on the Company's Web Site; and
4. be prevented from further use of the Company's services.

On rare occasions, the Web Site may be attacked and, as a result, Bids may not be able to be processed. During an Attack, the Countdown Timers may count down to zero and therefore fire off the instant notification to a Winning Bidder. If a Registered User 'wins' an Auction as a result of this type of cyber-attack, the Company is obliged to restart the Auction. This Auction Restart procedure will always be instituted, no matter how unjust it may seem to a Registered User who appears to have 'won'. The Company cannot allow site attacks to compel it to end Auctions early.

In the event a Site Attack results in an incorrect notification of a win, the Company will contact the Registered User who appears to have 'won' and will explain how and why his offer to buy the Product will not be accepted by the Company. If the Registered User has already made payment of the Winning Bid plus Shipping and Handling, the Company will refund the entirety of the amount paid.

The Company cannot guarantee that all Registered Users will have continuous, uninterrupted access to its Web Site. Site attacks, different browsers, Internet connections, geographic location, power failures, network outages and numerous other factors are outside the control of the Company. The Company uses all reasonable endeavors to fulfill its obligations.

When a Site Attack occurs, any Auctions which are counting down are immediately paused until the issue is resolved. When they come back on line, the Company may lengthen or shorten their Countdown Timers as appropriate. It is usual for all Auctions brought back to life to display 'Waiting for bids...' until another bid instruction is placed.

In the event the Company can identify elements of a Site Attack, and can identify a pattern in attendance on the Web Site which correlates with Site Attacks, the Company will liaise with the authorities. The Company will pursue legal action against anyone who targets its Web Site and Registered Users, in line with its obligations to ensure a level playing field.

If a Registered User completes the Payment Process, the Company assumes that the Payment Option selected will honor the payment in full, and will not request the return of that payment. In rare circumstances, this is not the case. The financial institution offering that Payment Option subsequently contacts the Company and orders that the payment be returned. This usually, although not always, occurs at the request of the Registered User.

The Company will levy an Administration Fee if it is obliged to return payment to a Financial Institution. The current fee for this is £25.00.

The Company may suspend a Registered User who refuses to pay this Administration Fee.

A Registered User has the ability to purchase the right to view the Non-Personal Information (NPI) of other Registered Users. This feature is called Sneak-A-Peek.

A Registered User has the ability to purchase the right to hide this Non-Personal Information (NPI) from other Registered Users. This feature is called Stealth Mode.

The Sneak-A-Peek & Stealth Features are provided in accordance with the specific Terms and Conditions pertaining to them, and listed upon the Web Site.

A Registered User gives the Company permission to:

1. collect the above NPI;
2. store it; and
3. publish it through the Sneak-A-Peek feature.

Many Auctions offer a Registered User the opportunity to purchase the Product featured. The Product's Buy Now price is stated on such Auctions. To purchase the Product, the Registered User clicks the link to Buy Now.

1. If Buy Now is clicked, the price of any Paid Credits which the Registered User has already spent on the Auction are then deducted from the Buy Now Price.
2. The new price (i.e. the Buy Now price less the cost of the User's spent Paid Credits) is then displayed to the Registered User and he is asked to confirm he wishes to buy the Product for that price.
3. If the Registered User opts to confirm his intention to Buy Now, he will no longer be able to Bid on that Auction.

The Buy Now option is actually available:

1. during the Auction's hours,
2. while the Auction is Sleeping and
3. for up to 24 hours after the Auction is won.

When clicking the Buy Now option, the Registered User expresses an Offer to purchase the Product from the Company. The Company will accept the Registered User's Offer in all circumstances except those envisaged by Term 3.6 (Right Not to Accept an Offer to Buy in case of technical error).

When clicking the Buy Now option, the Registered User must make payment within 24 hours. If not, his Offer will not be accepted and there will be no entitlement to refund the Registered User his Paid Credits in respect of that Product.

In other words, if payment is not made within 24 hours, the situation is as if the Buy Now link had not been clicked.

The Company allows Registered Users to be rewarded for referring a friend to join the Web Site. The Terms and Conditions of the Refer A Friend Scheme are available on the Company's Web Site.

All referral cash payable as a reward under the Scheme will be paid to a Registered User's Wallet (defined in Section 18) within 60 (sixty) days of that referred friend's purchase of a Credit Package.

A Registered User will not benefit from any referral cash if the friend referred to the Company is suspended for Collusion, Fraud or for non-compliance with his Obligations (See further Section 2) or not adhering to the Restrictions of a Registered User (See further 1.12.2) within those 60 (sixty) days.

The Refer A Friend Scheme can be terminated. If so, then the whole of this section becomes void and separated from the Terms and Conditions.

In order to ensure a level playing field, the Company operates a Winning Limits restriction, and will restrict a Registered User from continuing to Bid on the Web Site, or on specific Products on the Web Site, in accordance with these Limits. These Limits are prominently displayed on the Web Site and are an integral and indivisible part of these Terms and Conditions.

Winning Limits may be amended by the Company at any time, without notice to any Registered User.

The Wallet is an intangible section of the Web Site which holds any cash held in trust by the Company. The Wallet will be injected with cash if:

1. The Registered User wins an Auction for cash; and/or
2. The Registered User is credited cash as a result of any Promotion (including the Refer A Friend Scheme (See Section 16))

A Registered User with cash in excess of £10.00 in his Wallet can:

1. use the Wallet as a Payment Method when purchasing further Credits or paying for won Auctions or Products; and/or
2. request a transfer to his Bank Account (in his host country).

The Company charges a Wallet Transfer Fee in respect of any instruction given by a Registered User to transfer money from his Wallet to his Bank Account as option 18.2(b). The Wallet Transfer Fee cannot be negotiated, and acceptance of these Terms and Conditions requires any User to understand that the Wallet Transfer Fee will be applied in respect of instructions to transfer money from his Wallet to his Bank Account.

The Wallet Transfer Fee is 3% of the money requested to be transferred.

Term 18.3 is intended to operate in the following manner:

If a Registered User requests for £1,000 to be transferred from his Wallet to his Bank Account, the 3% of the money to be transferred will equate to £30. As mentioned under Term 18.3, the Registered User will be charged £30 as the Wallet Transfer Fee.

If a Registered User requests for £10 to be transferred from his Wallet to his Bank Account, the 3% of the money to be transferred will equate to £0.30. As mentioned under Term 18.3, the Registered User will be charged £0.30.

The Wallet Transfer Fee will be deducted from the money to be transferred, before that money is deposited in the Registered User's Bank Account.

The Wallet Transfer Fee is inclusive of VAT.

Any cash amounts held by a Registered User holds cash in his Wallet for longer than six months will be automatically converted into Credits. If this process occurs, the options under 18.2 are no longer available. This conversion is not reversible.

A Registered User who believes he has a legal complaint against the Company will make contact with the Company in writing and explain his situation fully before incurring legal costs. If a Registered User does not make any contact with the Company, the Company will refuse to cover any legal costs expended should it later attempt to reach an agreement to settle.

A Registered User who is in legal dispute with the Company has a right in law to Counterclaim. This Counterclaim will be restricted to the contractual relationship on which these Terms are based, without prejudice to the Registered User's statutory rights.

Liability for reimbursement of legal expenses shall likewise only be assumed in accordance with the stipulations above.

Liability for damage arising from loss of life and limb, health, or wellbeing, and that according to product liability law shall not be affected hereby.

The Company operates a Loyalty Programme which awards Loyalty Points to Registered Users based on their usage of the Web Site.

The Loyalty Programme is wholly separate from, and forms no part of, these Terms and Conditions.

The Loyalty Programme operates as an incentive to Registered Users to gain free Credits and/or purchase Credits.

The Terms of the Loyalty Programme are subject to change or amendment at any time at the discretion of the Company. It is not necessary for the Registered User to agree to any changes to the Loyalty Programme as the benefits of the Loyalty Programme form no part of this contract.

Buy One Get One Free (BOGOF) offers are run periodically. These offers give a User the chance to obtain two Paid Credits for the price of one. For example, the purchase of a £9.99 Credit Package of 80 Credits will instead reward a User paying £9.99 with 160 Credits.

The regular use of the phrase Buy One Get One Free assumes that a User who buys any Product acquires a free identical Product with the same value. However, the term Buy One Get One Free, when used on the Web Site, is slightly different to this phrase in its regular use.

Buy One Get One Free (BOGOF) in its usage across the Web Site signifies only that in each Credit Package purchased during a BOGOF campaign, two Credits will be added to a participating User's Account instead of one. The calculation of the Paid Credits remains as term 6.10.1. However, the number of Credits being sold to the User is doubled. A £9.99 Credit Package of 80 Credits subject a BOGOF campaign therefore becomes a £9.99 Credit Package of 160 Credits. The Paid Credit Value of each Credit is therefore £0.06.

Other promotions are run periodically which may involve the User receiving a % of extra Credits when he makes payment for a Credit Package.

Unless otherwise stated, these other promotions will also have the value of the Paid Credits distributed evenly for all Paid Credits acquired during the purchase. See further, section 21.3 and 21.4.