• Name:    Product Name:     Price:

Terms and Conditions

General / Overview

The following Terms & Conditions shall apply to the relationship between Black Moon Investments 55 CC, www.bidfair.co.za ("BidFair"), and the end user ("You" or "Your"). By using BidFair's services, You accept the following Terms and Conditions, as well as the manner in which BidFair operates. These Terms & Conditions constitute the entire agreement between BidFair and You, and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between You and BidFair with respect of Your use of BidFair.

Information on BidFair, such as the "BidFair 101" “FAQ & Help” or "About Us" sections, are only recommendations and are not intended as rules or guidelines. BidFair is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

BidFair will follow all local tax legislation for the sale of bid packages and goods in the countries in which it operates.

BidFair reserves the right to change these Terms & Conditions at any time without notice to You. Consequently, You should review these Terms & Conditions for changes each time You visit BidFair. If you have any questions, concerns, or comments about our Terms & Conditions, please email us at support@bidfair.com.

Acceptance of Terms & Conditions

By accepting the Terms & Conditions and/or registering with BidFair, You confirm that You are eligible (as specified in the "Eligibility" section) to use BidFair. If You do not agree to the Terms & Conditions, do not use BidFair. If You access, use, or download in any way, any service from BidFair, You agree to and are bound by these Terms & Conditions.

Eligibility

By accepting the Terms & Conditions and/or registering with BidFair, You confirm that You are at least 18 years of age and at least age of majority subject to the laws of the state, city or other legal entity ("Jurisdiction"); therefore can engage in a binding contract. By using BidFair, You warrant that You have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions. If You access, use, or download in any way, any service from BidFair, You agree to and are bound by these Terms & Conditions.

BidFair employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not under any circumstances participate in BidFair auctions.

BidFair products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

BidFair reserves the right to limit the number of user accounts per household. BidFair will not allow a single credit card to be used in conjunction with multiple user accounts. BidFair limits the number of user accounts per natural person and/or per household to one (exceptions may apply - contact support for any questions).

Registering

You can only register once and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. In addition, You must not provide misleading information when registering. You may not collude to exchange information. Your chosen username must not be offensive, rude, disparaging or intended to deceive or delude other BidFair users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If BidFair receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in BidFair' sole discretion, Your user account may be frozen until You change the username or BidFair may permanently close Your account without prior notice to You for violating these Terms & Conditions.

You are responsible for keeping Your user account password confidential. BidFair will never ask for Your password apart from login, nor should it ever be provided to anyone, including BidFair's employees. User accounts are non-transferable. You agree that Your user account may be used only by You and not by anyone else. Any abuse of user accounts, be it to the detriment of third parties or to damage BidFair, shall result in the termination of the user and the reporting of a crime. In general, You agree to be liable for all offensive or unlawful activities that are undertaken using the user account together with the associated password.

Referrals

You may refer friends to BidFair using the form on the BidFair website. BidFair offers free bids to any user who refers new users that purchase a bid pack. BidFair reserves the right to review each referral for possible fraud. You may not refer family members located in the same household. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the users account.

Account Termination

TERMINATION BY YOU: You have the right to terminate Your account at any time. You may do so either by not returning or by closing your account in accordance with BidFair standard procedure.

TERMINATION BY BIDFAIR: BidFair reserves the right to temporarily or permanently terminate Your account at its sole discretion if it determines You have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party bidding or bid tracking software, the creation of multiple accounts by the same individual ("Multiple Account Violation") or if BidFair suspects fraudulent account activity or behaviour. Any user who is found to have more than one account will be disqualified from all auctions (including won auctions) and your account will be terminated. You agree that if BidFair, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, BidFair may withhold, cancel or otherwise retain any and all of Your pending deliveries and/or refunds for bids.

Bidding / Bid Purchases / Bid Butler

You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Bid Butler function. Bid Butler's an automated feature which lets You bid on an auction even when You are not online or logged in. A Bid Butler automatically places bids according to Your instructions. You can read about how the Bid Butler operates in the "FAQ & Help" section.

Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are Non-refundable. Should You not honour a payment, You will be charged a returned payment fee. BidFair reserves the right to block access to the user's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Bid Packs expire after six (6) months. The expiration of Bid Vouchers varies based on type. From time to time, free bids may be offered. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is placed in an auction, it is deducted from the user's bid account and can no longer be refunded irrespective of whether or not the bid is successful.

A maximum of 30 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the BidFair server(s) reaches "ENDED". The winner of an auction is the last bidder the database recorded before the timer on the BidFair server(s) hits "ENDED".

The "Buy it Now" option can only be used once by each user on each specific auction. However if that user wins the auction outright, that user may not use the "Buy it Now" option in conjunction with the original auction win.

Odds of Winning Auctions

Every auction is unique and the results of all auctions offered on BidFair depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.

Acceptance of the Win / Payment

After an auction has ended, You must actively confirm and pay the total price for the won auction. Once You have clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within seven (7) days of the auction end date, BidFair reserves the right to withdraw the offer to conclude a contract and the winner's right to pay for and receive delivery of an item will be permanently revoked. All bids placed in that auction expire and are non-refundable. After confirming the win and paying the total amount due, the winner will receive a confirmation e-mail. The item will not be sent to You until the total price has been paid to BidFair. An invoice containing the auction price and shipping costs will be sent to You by BidFair once delivery has been arranged.

BidFair reserves the right to request identification verifications upon real auction wins from all users. This will include but not limited to:

- Proof Of Identity (Valid South African Identity Document)

- Email Address Verification

In the event you are unable to prove that you are the rightful owner to the registered email address on the BidFair website, or fail to produce a valid I.D. , we will terminate your BidFair account and you will forfeit any won auctions.

FREE AUCTION ABUSE

If any player is suspected of partaking in any form of free auction abuse, their account will be suspended until further notice. Forms of abuse include:

1. Increasing the price of the auction with no intention of paying for the auction, thereby limiting other willing users to win the auction

2. Winning 2 or more of the Free Auctions and not making payment within the 7 day period.

3. The standard terms and conditions regarding payment of won auctions DO NOT apply to "FREE AUCTIONS" as they are subject to their own special terms and conditions stated above (1. and 2.) 

GENERAL AUCTION ABUSE

The following states the rules and regulations for BidFair Auctions regarding fraudulent activity on behalf of the user. BidFair reserves the right to withhold a prize in the event of fraudulent activity on behalf of the user, including but not limited to instances of duplicate accounts and collusion on behalf of the user/s. As per BidFair’s rules and regulations, if an auction is cancelled for whatever reason, no refund of bids or money will be given in the case of fraud and/or collusion on behalf of the user/s. This includes any duplicate accounts, as below;
The user warrants that only one active account will be held with BidFair by a user, his/her immediate family or per household address and that the physical address and e-mail address provided by the user will be a valid physical address and a valid e-mail address;
BidFair reserves the right to impose at its discretion any further limits as it may deem necessary in respect of accounts originating from environments where computers are shared (for example university campuses, shared work stations, internet café's, etc)
 
Won auctions due to users by BidFair will only be shipped to users having one active account with a valid physical address and valid e-mail address as aforesaid; such accounts will be required to have completed the account verification process. For this purpose BidFair may request certain documentation or information from the account holder in order to validate account information as supplied by the account holder
 
In the event that a user, his immediate family or household's address has more than one active account with BidFair, provide any incorrect details and/or credit card details which do not correctly match the account details, all considerations due to the user and to be paid by BidFair will be cleared from the account(s) of the user, his/her immediate family or household of such user, unless an alternative arrangement between the user and BidFair has been entered into in writing and agreed upon
 
Any user applying for an account which would entitle a user to access and engage in auctions and/or services provided for by BidFair for monetary consideration, the user hereby unequivocally authorizes BidFair and/or its agents to investigate the creditworthiness of the user and furthermore to:
 
Investigate the validity of accounts, transactions and details in regard thereto;
 
Monitor the account on a regular basis;
Investigate any transactions, which may in the opinion of the company be irregular
Request information or documentation as is required to validate information as supplied by the account holder.
BidFair reserves the right to withhold any won auctions if a user manipulates the auctions or website in a fraudulent manner or the software itself malfunctions
 
Only user s that have been fully verified will be allowed to bid in VEB auctions. Any form of collusion found will either result in:
  • The auction being cancelled,
  • Colluded users being banned from the auction, and the auction will go on as scheduled
  • Colluded users being banned from the site
  • Verification documentation

Special Promotions

Any special promotions run by BidFair shall only be valid if they are announced on BidFair or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, with details announced on BidFair or in our newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.

SUPER 6 Terms and Conditions
 
The SUPER 6 Promotion will only be credited to users as long as their account is fully up to date. 
If a user is found abusing the SUPER 6 or any other FREE Auction Promotion, that user's account will be locked and the user will not be allowed to participate in any promotions for a minimum of 90 days.
In the event a user has more than 2 unpaid Voucher auctions in their account, that user will not be legible to receive their SUPER 6 Credits, until all unpaid auctions have been settled in full.
When there is a Grand Prize for being the overall winner of the SUPER 6 Promotion, the winning user will only receive their Credits or Physical Prize once all auctions have been paid for in full.
If delivery of the prize is required, BidFair will cover all expenses.
 

Returns / Cancellations

BidFair allows winners the right to cancel or return an order. This right is unconditional and begins from the moment the contract is concluded. If a You cancel a contract to which the cancellation provisions apply, You are entitled to a refund of the auction end price (including shipping costs) You have paid even if the goods are not defective in any way. Bids placed on the auction are not eligible for a refund. These cancellation rights end 14 days after the day the winner received the goods or a notification that the goods are ready for collection.

Some exceptions may apply. If such exception does apply, it will be noted on the auctions return information on the individual auction page. Exclusions include Free Bids, Coupons, and Voucher Bids. If You are found to be in bad standing due to fraudulent behaviour, excessive refund requests and other such behaviour, You are deemed to be a breach of the Terms & Conditions and will not be eligible for a refund.

If You wish to cancel the contract, You must inform BidFair by email that You want to cancel within the time period noted above. Cancellations by phone will not be accepted. The following contact detail must be used:

support@bidfair.co.za

In order to complete a cancellation or return, You must return the received product or products in new condition. Shipping expenses for returns will be paid by You (unless goods are found to be defective). BidFair will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a depreciated condition.

Should BidFair incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.

Should BidFair not be able to deliver the product ordered or the product won, BidFair shall be entitled to substitute the item with an equivalent product acceptable to both BidFair and You, or provide a refund of the auction end price, Buy It Now payments, and all bids placed by You on that particular auction.

Delivery

Deliveries are made exclusively in South Africa.Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by You. Delivery times vary; therefore any time provided should be used as a guide. BidFair shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to BidFair upon receipt.

Withholding Payment / Retention of Title

You agree that the item delivered shall remain BidFair's property until payment is received in full of the total price, including the shipping and bids used in the auction.

Disclaimer of Warranty and Liability Regarding Use of BidFair

You agree that use of BidFair is at Your sole risk. Neither BidFair nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by BidFair, or the like, warrant that websites affiliated with BidFair, including but not limited to, BidFair, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on BidFair may contain inaccuracies or typographical errors. BidFair makes no warranty as to the results that may be obtained from the use of BidFair or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through BidFair. Furthermore, BidFair shall not be responsible for any opinions, views, advice or statements posted on BidFair (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized BidFair spokesperson. Advertisers, content providers, users, guests, independent writers and experts are not authorized BidFair spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.

If You are dissatisfied with any portion of BidFair, You should discontinue Your use of BidFair.

Disclaimer of Warranty and Liability Regarding Purchases from BidFair

All new products are sold with the full manufacturer's warranty only. BidFair warrants solely that the products sold to You under these terms shall have the characteristics specified in BidFair's specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request mailed to BidFair. Warranty is excluded for the delivery of any used products.

System Outage / Temporarily Paused Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and a maximum of 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auction will be credited back to Your account; however, BidFair is not responsible for any other costs incurred by You due to a system outage. BidFair reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. BidFair, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, BidFair shall not be liable for any damage incurred by auction users or third parties from using BidFair's services. In particular, BidFair shall not be liable for damage that occurs due to bids not being received by BidFair, not being received promptly, or not being considered as a consequence of technical errors.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on BidFair should be made directly to the manufacturer in accordance with their Terms & Conditions.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy<link to Privacy Policy>. ...{link temporarily unavailable} 

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Entire Agreement

These Terms & Conditions constitute the entire agreement between You and BidFair with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision by BidFair of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by BidFair.

Marketing and Communication

Agreeing to these Terms and Conditions, you are giving permission to BidFair to communicate any marketing messages to you, via email, SMS, Facebook or Twitter. If you do not wish to receive any of these messages, you may unsubscribe from our email list, unlike us on Facebook or deactivate your BidFair account completely.

Note:

Placing bids online at www.bidfair.co.za frequently or repeatedly can incur high costs. We would like to advise all users to monitor their bidding practices. Therefore, users should pay attention to their bidding practices and set a bidding limit to each auction.