Terms of Service

Introduction

Welcome to MadBid. These terms and conditions apply to the services available from the domain and sub-domains of www.madbid.com and from all other MadBid branded websites provided for Republic of Ireland users, (together, the "Site"). If you reside in the Republic of Ireland or another country that is a member of the E.U. by using the services of the MadBid websites (MadBid.com and other sites where this user agreement appears) you are agreeing to the following terms with Marcandi Ltd, The Courtyard, High Street CHOBHAM, Surrey GU24 8AF, UK, and the general principles for the websites of our subsidiaries and international affiliates.

Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a registered user of MadBid, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Marcandi Ltd.

This User Agreement is effective from the 18^th of August 2011, for users that have registered on or prior to this date, and upon acceptance for new users.

For all intents and purposes under these terms and conditions:

"MadBid" refers to the MadBid website and the company run by Marcandi Ltd.
"User(s)" or "Bidder(s)" refers to any person who places a Bid on any item on MadBid.com.
"Registered Users" refers to any person that has registered as a user through the MadBid website.
"Credits" refers to the MadBid currency, in order to participate in auctions Users must purchase “Credits”.
“Bid” refers to the action of spending “Credits” on an auction, where each “Bid” will increase the auctions price by one penny – multiple “Credits” may be required for each single Bid.
"Autobids" refers to the Bids that a registered user may set-up to automatically be placed when needed.
"Winning Limit" refers to the amount of auctioned items a User may win in a particular category (including daily winning limitations, monthly winning limitations and limitations of winnings in particular value categories)
"My MadBid" refers to the personalised section of MadBid where Registered Users may edit their account and view their recent MadBid activity including wins, Credits placed, orders, and order status.
“MadBid Wallet” refers to the location on the MadBid website in which your monetary auction wins are stored.

General and Scope

The following General Terms and Conditions of this User Agreement shall apply exclusively to the business relationship between Marcandi Ltd and its Internet platform www.madbid.com (hereinafter: "MadBid") and our Users in the version applicable on the date of use. By participating in MadBid, the User fully accepts the following General Terms and Conditions of this User Agreement, as well as the manner in which MadBid and its "Autobid" operate as described on the website www.madbid.com. MadBid does not recognise any terms and conditions set by the User that differ from these unless MadBid has agreed to their validity in writing.

None of the content on the MadBid website is intended to amount to advice on which reliance should be placed. MadBid disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the MadBid website or by anyone who may be informed of any of its contents.

MadBid Registration and Participation

You may not use MadBid if you are under the age of 16, you are not able to form legally binding contracts, or if your MadBid membership has been suspended.

MadBid Users on MadBid.com must be Republic of Ireland residents to place Bids on ie.madbid.com

Employees and relatives of employees of Marcandi are not eligible to participate in MadBid services.

Each User may register only once, using their residential postal address. Non-residential and post office box addresses may not be used for registration purposes. During the registration process, the User must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names or user names that imply marketing related names are strictly prohibited. MadBid reserves the right to change or delete a user name if it finds a User violating MadBid's terms and conditions. The associated password must be kept secret by the User. In general, the User shall be liable for all activities that are undertaken using the User account together with the associated password.

The User must provide a legitimate Republic of Ireland mobile phone number during the registration process. This is done in order for MadBid to authenticate the User and prevent future misuse of the service. An authentication code is sent to the mobile phone which the User must use to register. Should a User change his or her phone number linked to his or her MadBid user account, the User's account status will become suspended and their Autobids will be cancelled. The account status remains suspended until the User confirms the phone number change with MadBid. During this time the Users cannot place Bids.

User accounts are non-transferable. Only one person may use any one particular user account. MadBid will not discuss a user account with any person other than the person registered with the user account.

MadBid reserves the right to restrict the number of user accounts that may be registered to a particular household.

MadBid has the right to verify the identity of each individual User. In the event of MadBid being unable to verify or authenticate the User’s identity using reasonable endeavours, then MadBid may ask Users to provide photo ID, proof of address and other documentation as MadBid requires. Should such proof not be provided, MadBid has the right to suspend or permanently remove such unverified User accounts and withdraw any auctions won by such Users. A User’s active Autobids may be suspended or cancelled until proof of identity is provided. Should a User refuse to upload the necessary documents, the User forfeits the right to receive any won items and will be refunded the amount paid for any auctioned items won but not yet delivered.

Users are only permitted to change their username once within the first 7 days of registering on MadBid.com. Any requests after this time period has lapsed will be refused.

Madbid Rewards / Loyalty Program

Users enrolled in the MadBid Rewards / Loyalty programme will be awarded points based on their site usage. Points can be converted to credits, cash or be used as currency for accessing site content and / or services. The following terms and conditions of the user agreement apply: click here for more information on the MadBid Rewards / Loyalty Program.

Rules, Restrictions and Disqualifications

Any abuse of a User account or violation of these terms and conditions by a User will inevitably result in the disqualification of the User and may result in criminal proceedings. MadBid may, at any time, exercise its sole discretion to suspend or permanently exclude a User from participating in MadBid and any of its services. MadBid may exclude Users, if and insofar as, it is in the reasonable opinion of MadBid that a User has: breached a provision of these terms and conditions, violated any laws or infringed upon the rights of a third party. MadBid may exclude Users for any other reasons justified in the interest of protection of its Users or to prevent manipulation of any kind, including, but not limited to: Collusion/team bidding, use of unauthorized software (including bidding software or any other unauthorized software), one person using more than one account, or a User not paying for Credits. Users will also be excluded if there is reason to believe that the User has been reverse engineering, decompiling and disassembling any portion of the website, server or software provided by or run by Marcandi.

Collusion includes cooperation between two or more Users that limits open competition, discourages other Users from participating in an auction, can be viewed as team Bidding or any other team use that detracts from the spirit and enjoyment of the MadBid auctions. Collusion includes any activities that give the impression that there is more competition than there actually is:

Users in a group all bidding on the same item to give the appearance that there are many Users going after the item
Users allowing one group member to Bid on an item and then stop bidding and having another group member begin bidding on the item
Members of the same household/family/group of friends bidding in tandem on an item
Pooling of money between Users for any auctions
A group of Users intentionally targeting a single customer

Those proved to be involved in collusion will be issued with a written warning for the first offence. Should, however, the first offence be deemed serious in nature (at sole discretion of MadBid), MadBid has the right to suspend a User with immediate effect. Suspended users will forfeit the value of credits and / or monies spent to fund the act of the collusion offense. User's forfeited credits and / or monies will not be refunded. If the User is found to be colluding again then they will suspended permanently.

In the event that MadBid suspects that Users are working in collusion with each other, MadBid reserves the right to investigate the matter further. In the event that MadBid determines two or more Users are colluding, MadBid reserves the right to disqualify the User/s. Users whom have been found to be colluding by MadBid will be disqualified from any auction in which they are determined to be colluding in and will not be refunded any Credits used in the auction. MadBid may contact these Users and provide them with a list of Users that they may not participate in the same auctions with/against. Only one person is allowed to Bid on one individual auction. The person may not be the member of a colluding team. Members of the same household, family members, partners, spouses and friends will not be allowed to participate in the same auction. If there is an exceptional circumstance, such as a credit card not working, a User may contact MadBid ahead of time and ask for a special exception. It will be at MadBid’s discretions whether or not to approve any outstanding circumstances.

MadBid reserves the right to disqualify Users who have created more than one account. MadBid further retains the right to disqualify User accounts where it can be proven that more than one person has been Bidding from one account.

MadBid has the right to disqualify a User and/or his winnings if MadBid deems that a particular User/s have used unfair means to win an auction. MadBid shall neither be liable to return any Credits, purchased or non-purchased, nor is MadBid liable to reimburse any monies that have been used to purchase Credits or products. This is to protect the right of its Users as well as MadBid itself.

Users that violate any of these rules and terms, who are disqualified or have had their accounts suspended cancelled by MadBid will NOT be entitled to receive any item won or purchased from MadBid.com and will forfeit the remaining credit balance in their respective account.

Also, Users that cancel their MadBid User account will not be entitled to a refund of any used or unused Credits.

ie.madbid.com may only be used by Republic of Ireland residents. MadBid.com is UK based with operations in several countries. Madbid.com's operations are bound by all applicable laws. If your IP address is based outside of our normal area of operations, we may suspend the service because we may not be properly licensed to operate in that country and also to preserve the quality of service for our local customers. Registering and placing Bids from the United States is strictly prohibited. Additionally, registering on any of the MadBid.com platforms from any country in which Madbid.com does not operate is strictly prohibited. Failure to comply with this will result in the automatic termination of the User's account. Furthermore, any User that violates this rule will NOT be entitled to receive any item won or purchased from Madbid.com and will forfeit the remaining credit balance in their respective account.

Users may not hold MadBid responsible for any loss they may incur as a result of MadBid taking any of the actions outlined above. Any of the actions outlined above may lead to the suspension of service, including the suspension of active Autobids.

Purchasing Credits and Payment

Credits can be purchased in packages (so-called “Credits Packages”) at the currently applicable prices, which can be viewed under “Buy Credits” on www.madbid.com.

Credits must be paid for in advance. The purchasing process requires Users to confirm payment by completing checkout. This is done to make sure that the choice being made is intended. Purchased Credit Packages are non-refundable. Payment can be made by a range of payment options, including but not limited to, a valid debit card, credit card and PayPal.

When the Credits are purchased and deposited into the User’s MadBid account, a contract for the purchase of the Credits is created.

Should a payment for Credits not be honoured by a User’s financial institution, a returned payment fee will be charged to the User to cover the additional administrative costs incurred by MadBid. MadBid reserves the right to block access to the User account until payment in full of the invoice amount, including any fees due for returned payment, etc., and to withhold any outstanding deliveries until payment in full. MadBid also reserves the right to temporarily block access to an unverified user account that appears to be abusing the spirit of MadBid by purchasing large volumes of Credits until identification has been verified.

All types of Credits (e.g. “free Credits “, “special offers” or "Credits purchased in bundles") have a time limit. Upon expiration of the time limit stated, the Credits expire and can no longer be used. There will be no refund for Credits that have not been used before expiration. All purchased Credits expire after 180 days. All free Credits expire in 60 days from the date when the Credit has been credited on a User's MadBid account. All discount codes issued have a time limit. Discount codes must be used during the specified time in order to be valid. Discount codes will not be applied retroactively. Please check the terms and conditions of each discount code for details.

Any special promotions presented by MadBid shall only be valid if they are announced on MadBid’s website, MadBid’s newsletter, MadBid produced T.V., radio or print advertisements. Any promotions of a limited duration shall likewise be announced on the website or MadBid produced newsletters, T.V., radio or prints advertisements. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended. Promotional codes are non-transferable.

Bidding, Auto-bids and Daily Credits

There are two options available through online Bidding; individual Credits may either be submitted through the Bidding functionality, or be placed through the Autobid function. Once a Bid has been submitted, it is deducted from the User’s account and cannot be retracted.

The Autobid tool allows Bidders to Bid in an auction even if they are not online at that time. Only registered and confirmed Users can submit Bids automatically with one or more Autobids. The Autobid submits Bids according to the parameters set in advance by the User. The User can read about precisely how the Autobid operates in the “FAQ” section.

Daily Credits can be claimed by any User who has purchased a Credit Package of any size in the last 15 days. A daily Credit can be collected once per day by clicking on the "Free Credit!" link under Member Controls.

Free credits given in the registration process or any other promotion have a value of €0.00.

MadBid operates a social element within its online bidding service, to enhance Users' bidding experience. The "Sneak-a-Peak" ("SaP") option, through which a User has the right to view certain NON-Personal Information ("NON-Personal Information") of other Rival Bidders ("Rivals") on the MadBid auction service, is provided for a period of 30 days. Such NON-Personal Information may reveal information about your Rival Bidders'. Examples of such information include, but are not limited to: information about when Rivals registered on MadBid, what categories of auctions Rivals typically Bid on, during what time of the day Rivals are typically active on MadBid, etc.
As a counter action for Rivals being able to view User's NON-Personal Information, a User is able to purchase Stealth Mode ("Stealth"). Stealth offers immunity or protection against Rivals being able to see User's NON-Personal Information (see SaP above). A User can obtain Stealth by purchasing this functionality. Please refer to Stealth pricing, which is shown to a User prior to the purchase decision.

The Bidding Process

An auction will begin at a specified time. Each auctioned item will begin at €0.00. The timer will begin to count down for a designated time (timer length may vary on some products at different times of the day, please see individual items at the time you would like to Bid for the current timer length) and Users may place Bids. With each Bid submitted, the price of the item on which the User is Bidding increases by 1 penny.

Each time a User places a Bid, the timer will restart. Every Bid that is used in the bidding process causes the relevant number of Credits to be taken from the relevant User’s account. Credits are spent towards the purchase of items, therefore it is at the discretion of the user how he / she decides to bid and / or purchase products listed on MadBid.com. The last User to place a Bid before the auction closes is deemed to be the successful Bidder and will be extended an offer to purchase the item for the closing price plus shipping and handling by following all the steps necessary to complete the sale. Bidders losing the auction can utilise the Buy-Now function (discussed below), where available, to offset the Buy-Now price with the value of credits spent bidding plus shipping and handling as well as any additional service fees. In the event that an auction closes irregularly, MadBid reserves the right to rescind the offer to purchase the item. (Details regarding these situations are outlined below).

MadBid reserves the right to change the auction times at any time. Additionally, MadBid can add, reschedule or remove products from the MadBid.com website at any time without notice, including auctions which are already in progress or live. An auction is deemed to have closed when the timer on the auctioned item counts “closed.” Users should be aware that the timer available to the User is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by MadBid servers. MadBid will use its best endeavours to ensure that User’s timers are as accurate as possible. In the event that MadBid cancels an auction, MadBid may give Credits back to affected Users.

Auctions have designated auction hours. These hours will be listed on the auction specific page. Auctions which pause during the night will resume at the designated time, the next day.

The last Bidder is determined by MadBid’s database. In the event of any dispute occurring, it is MadBid’s decision on who is the last Bidder which shall be final.

MadBid.com will restrict Users from participating in MadBid.com auctions in the following two cases: (i) if the User has reached auction win limit for products within the 24 hour rolling period and (ii) if a User has reached the auction win limit within a 30 day period. Special limits apply to high value items as posted on the website. MadBid reserves the right in its absolute discretion to restrict the number of sales in which a User may participate or may win. Click here for exact auction limits.

Currently, a cap is in effect on the number of unique product wins a User is allowed per rolling 30-day period. As a result, each user will not be allowed to bid on products that they have already won in the past 30 days. The cap will remain active until thirty days have passed from the date of the most recent auction win. Auto-bids and manual bids will not be usable for auction products where this cap has been reached. By having this cap in place, it ensures a more competitive and fair bidding environment for all users. Any auction win will count towards the cap unless the product is a Cap Excluded Auction Product –i.e. products like cash, experience packages, gift cards or vouchers, MadBid Credit Packages or any combination of these cap excluded auction products. Products purchased through Buy-Now are also excluded from the cap.

A user can purchase the auctioned product/item either by winning the auction or by using the "Buy-Now" option. In some auctions, where supplies are limited (e.g. charity auctions, celebrity dates, automobiles, motorbikes and other products) Buy-Now may not be offered and the user will not have the option to redeem credits towards a Buy-Now purchase. On auctions with Buy-Now, the user may only use the value of the credits he or she has placed in the auction up to the product value. If the value of the used credits is higher than the product value and / or the Buy-Now price, then the credits in excess of the product value and / or Buy-Now price cannot be counted and used towards a Buy-Now purchase. The value of any bids spent above the value of the product and / or Buy-Now price will not be refunded. The Buy-Now purchase price can never be below zero.

The User can buy the product using the Buy-Now option at any time when the auction is live and up to 24 hours after the auction has closed. Users who opt to take advantage of the Buy-Now feature will not be allowed to continue bidding on that particular auction. The auction will continue uninterrupted for all other users. All purchases pursuant to a Buy-Now option shall be subject to the User’s payment in full of all amounts due for the product (including all shipping and handling charges, and sales taxes) within 24 hours after exercise. Unless payment is received in full within this time, the User’s right and Buy-Now option to purchase and receive the product is automatically withdrawn and cancelled, and the user shall not be entitled to a refund of any credits used on the product by such User.

By placing a bid in an auction, the user enters into an agreement to purchase the auctioned product / item. Should a user decide not to purchase the auctioned product / item after placing a bid, MadBid.com reserves its right to retain the value of the spent credits as compensation for failure to purchase the product based on the User Agreement set forth in these Terms and Conditions.

MadBid operates within several countries, some of our auctions are international and therefore the same auction will be displayed within all of the different countries websites. Due to availability of specific items in different countries the items displayed may be different in each country for the same auction.

Marcandi may run auctions across multiple international platforms that use alternate brands, not all of these platforms will use the MadBid branding or design but the auctions will all follow the essential MadBid rules and regulations.

Notification, Acceptance and Payment of Won Auctions

When an auction closes, a notification is automatically sent by email to the final Bidder. Since auctions may close irregularly due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, MadBid reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all Users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via “My MadBid”.

After the auction has ended, if the last Bidder is online (“Winner”), they have access to all of the important sale information such as the total price (sale price plus shipping costs), and payment options on the “My MadBid” page.

The winning User must actively confirm the win by following the steps indicated under “My MadBid”.

MadBid will withdraw an offer after 7 days unless the winner contacts MadBid with an exceptional reason for delayed payment; MadBid will hold the item for the winner under such circumstances for a period of time determined at MadBid’s discretion. In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 7 days of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning User’s right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund Credits once the auction has ended, even if the winner does not exercise their option to purchase.

The winning Bidder will also receive a notification of the win by e-mail or SMS with a request for payment.

The User must pay the total price (sale price plus shipping and handling costs) no later than 7 working days after the notification of the win is sent. After this deadline has passed, MadBid can set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of Credits.

The item is not sent to the User until the total price of the item and any outstanding Credit payments due have been paid to MadBid. In such a case, any incomplete payment received from the winning Bidder will be regarded firstly as payments towards the Credits and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all Credits and the total price has been paid for in full. MadBid reserves the right to charge the winner reasonable storage charges for items won through MadBid auction but not yet paid for.

Wallet

Cash auction wins will go directly into your MadBid Wallet.

Once the money is in your Wallet you can:

Use the cash to buy MadBid Credits
Request a transfer to your bank account (min €10)
Pay for auctions you have won or paying for "Buy-Now" auctions

After money has been in your Wallet for 6 months it will automatically be turned into MadBid Credits and you will not be able to transfer it to your bank account or pay for auctions with it. This process is not reversible.

Cancellation and Rescission

MadBid grants to the User ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce.

The right to cancel does not cover purchase of Credits, audio and video recordings or of software if and to the extent that the security seal on the delivered media has been broken by the consumer. This does not affect the consumer’s statutory rights.

Purchase contracts with parties who are not retail consumers are treated by MadBid as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by MadBid or required by law).

Cancellation Instructions

A User may cancel the purchase order within two weeks in written form (e.g. letter, fax, e-mail) or by returning the auction items, without stating your reasons.

The cancellation period begins no earlier than when the item and these instructions are received. To meet the cancellation requirements, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the address given in the contact details page on this website:

E-Mail: info@madbid.com

Consequences of Cancellation

In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived there from (e.g. interest) as applicable.

If the User is unable to return to us the service or product received or is only able to return it in part or in a depreciated condition, the User will have to pay compensation to MadBid, to cover the loss of value, unless the deterioration resulted from unavoidable use or as a result of a manufacturing fault.

In other respects, the User may avoid this duty to pay compensation by not using the item(s) as the User would his own property, and by refraining from any action that would detract from its value. Items that have been delivered via Royal Mail or another carrier should be returned via the same method in the original packaging where possible. In these cases, return is free of charge for the User. Items that cannot be returned via this method will be collected by MadBid’s agents through co-ordination with the User. The User must pay any compensation as required by depreciation of auction items delivered to the User, within 30 days after sending notice of cancellation.

If the User cancels by the deadline of two weeks, they are not obliged to take delivery of the item. MadBid will refund the purchase price already paid. There is no entitlement to a refund or replacement of the Credits(s) used in the auction process.

If the customer decides to cancel after delivery and no misrepresentation has been made about the item by MadBid or any of its partners on MadBid, the customer is responsible for the costs of the return shipment if total final auction price (auction closing price including VAT and shipping and handling) of the returned item does not exceed a sum of €40.00, or, if the item price is greater than €40 and the partial or total item price has not been paid by the winning Bidder/User.

Should MadBid incur additional costs for insufficient postage on the returned item, or for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above reasonable postal delivery costs, these costs will be deducted from any refund paid to the customer. Sets/boxed items can only be returned in their entirety.

Delivery

Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the User.

Deliveries are made solely within the Republic of Ireland (exclusively on the mainland, otherwise only upon inquiry).

MadBid reserves the right to put an item on hold if information, such as which console a computer game is required for, is missing. When a User sees an item as ‘on hold’ in the control panel and has not received a notification, it will be the User's responsibility to contact MadBid in order to solve this case.

As MadBid works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. Obvious damage to the item or packaging during transit should be reported to the carrier by the winning User, if the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 3 days of receipt. MadBid cannot accept responsibility for damaged or faulty goods once 3 days have lapsed. In all cases you must inspect your item either before or immediately after delivery. Failure to raise a query with MadBid concerning, a damaged or incorrect item within 3 days of delivery constitutes acceptance of the item as is. MadBid does not accept liability for damage or failure of products due to neglect or misuse by the recipient.

In the event that MadBid’s delivery partners are not able to deliver the item within a reasonable time, MadBid shall be entitled to offer the winning User a substitute item with comparable or better features, or to set aside the contract through rescission and offer a refund of any payments received for the auction item. This does not affect the User’s statutory rights.

In the event that a User fails to provide a shipping address recognized by Royal Mail we will ask you for confirmation. If you fail to respond within 30 days with a valid address, your item will be forfeited.

Offsetting, Withholding Payment and Retention of Title

The User shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by MadBid.

The User shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

The item delivered shall remain MadBid’s property until payment in full of the total price and the Credits used in the sales activity. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. MadBid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

Damages, Reimbursement of Expenses and Limits on Liability

Claims for damages by the User against MadBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.

In particular, MadBid shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the Bidder shall have no legal rights over the item.

This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of MadBid, its legal representatives, or parties assisting it in performance. This shall also not apply if MadBid expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.

Insofar as MadBid is insured for its liability for any damage, MadBid can also assign any entitlement to insurance settlement to the injured party. The User shall be obligated to accept this assignment.

Liability for reimbursement of 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.

Guarantee and Return policy

The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them and subject to what is authorized by the manufacturer in the instruction manual. All other warranties or conditions (whether expressed or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.

The item descriptions on MadBid.com are provided according to the best of MadBid’s knowledge and belief. These descriptions do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on MadBid.com may differ from those actually supplied.

In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to MadBid the item already delivered within 30 days at MadBid’s expense. MadBid reserves the right to assert damages under the conditions set down by law.

The User has the right to return a faulty item within a reasonable period of time. The User must keep all the manufacturer’s warranty information that accompanies the item as this may be needed should there be a fault. In the unlikely event that the User receives a faulty item, the User may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem.

If the User chooses to return the item to us, please email to our Returns Support Centre (within 10 days of receipt) returns@madbid.com.

If you find that MadBid has sent you an incorrect item, please contact us at returns@madbid.com. A MadBid representative will then contact you with instructions on how to return the item. If the instructions provided by MadBid are followed there will be no charge for the return. MadBid will send the User the replacement as soon as the original item is received by MadBid.

The User must return the original item to MadBid within 30 days of our email confirming the issue of the replacement item. In case of delays MadBid holds the right to cancel the issue of replacement.

Returns which are classed by the customer as faulty and are later found to not be faulty may incur a charge to cover the costs of transporting and testing goods. MadBid acts as a reseller of products from reputable and responsible manufacturers.

If a defective product causes damage to property, personal injury or death a customer should refer to the original manufacturer.

We do not cover faults caused by accident, neglect, misuse or normal wear and tear. Consumable items, such as non-rechargeable batteries and ink cartridges are covered by guarantee for 3 months after delivery.

Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use.

Technical Errors, Cancellations of Autobids and Unforeseen Circumstances

We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use all reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the MadBid.com auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions will resume with the closing price at the point it was at the time of the technical problem, but that the timers may be lengthened or shortened as appropriate. The auctions’ countdown timers will then be reset, then until the first Bid the auction will stay in the "waiting for bids..." state, and when the first Bid is received, it will start the counter.

MadBid will use its best endeavours to notify the User that the auction has closed irregularly as soon as possible. In the event that the User has already paid for the item, the User will be refunded the amount paid for the item and the auction will be resumed at a later time.

Alternatively, Marcandi Ltd. has the right to restart all auctions from the beginning, once the technical problem has been rectified.

Marcandi Ltd. may attempt to return purchased Credits placed on auctions that had to be paused and then restarted from the beginning due to a third party technical problem. Free Credits will not be returned.

Autobids may close before the Users wishes them to for several reasons including but not limited to: a User running out of Credits in the User’s account, a User may reach a winning limit (the details of which are outlined below) or there may be a technical error in which auctions prematurely close. It is up to the individual User to keep their Autobids active. In the event of a technical error, MadBid will use its best endeavours to ensure that Autobidders are notified of any errors, however, notification is not guaranteed.

A delay in delivering notification of an Autobid closing is not grounds for complaint. MadBid will not be held liable in the event that the following situations should occur:

MadBid legitimately closes an active Autobid and there is a delay in the User receiving a notification SMS or email.
The Autobid closes due to unforeseen reasons and MadBid does not notify Users or the User does not receive the notification SMS or email.
The Autobid closes due to unforeseen reasons and the User receives the SMS or email notification from MadBid.

In the event of a technical error, MadBid will use its best endeavours to restore a Users Autobids, however, restoration of Autobids is not a guarantee and failure to do so is not grounds for grievance or compensation.

Should Marcandi Ltd. suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down, it has the right to investigate the matter and take legal action against perpetrators.

Applicable Law and Severability Clause

This User Agreement shall be governed by the sole jurisdiction of England and Wales. Furthermore, this User Agreement shall exclude application of the UN Convention on the International Sale of Goods.

Forum Selection Clause

In the event of a dispute between Users and MadBid, suit may only be brought in the court of England. MadBid reserves the right to make changes to the terms and conditions at any time. The amended terms and conditions will come into immediate effect once published.

Reg No: 6609609 VAT Reg No: 934 925792.