Bid means a bid placed or to be placed in an auction (Unique, Non Unique or Ruled Out).
Bid Bank means a bid package that may be used when bidding on products on our site.
Bid Cost means the fee paid for the bid in question.
Bidder means a person who has placed a bid.
Bids Left means the minimum number of bids that ought to be placed in order for an auction to close.
Countdown timer means the remaining time duration of the auction.
Item Retail Price means the retail value of the product in question which appears on our site. Item Retail Price cannot be accurate and updated at all times, is not binding, does not constitute a representation of any sort and shall not be exchangeable or sought in lieu of the product itself, under any circumstances.
Maximum Price means the maximum value for a bid a bidder may place in an auction.
Our Site means the website www.bidwizeu.com
Products means products listed on our site.
Win or Won means winning the auction by placing the highest unique bid under the max price imposed by us, including the value of the max price.
Winning Price means the value of the highest unique bid closest to the maximum price set for the auction.
Valid Jurisdiction: Any jurisdiction you are a resident of, provided however, that you or we are not prohibited or limited in any way to operate or use the site under the laws of such jurisdiction.
This page (together with the documents referred to it) sets out the terms and conditions that apply to your use of our site and the terms and conditions on which you will be entitled to bid for and purchase any of the products. Please read these terms and conditions carefully before using our site. You are advised to print a copy of these terms and conditions for future reference.
Upon registration, please click on the button marked as "I Accept" at the end of these terms and conditions if you accept them and by doing so you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to register or participate in any auction on our site.
By using our site in any way you accept and agree to the terms set herein. If you do not accept these terms and conditions, please avoid using our site as you may not be able to register or participate in any auction on our site.
www.bidwizeu.com is a site operated by #company# ("Us" or "We").
By using our site, you warrant that:
4.1 You are legally authorised to enter into binding contracts;
4.2 You are at least 18 years old. You may be required to provide proof of your identity and age before receiving a product you have won. Any bids by bidders under the age of 18 will be deemed as invalid and bid fees paid will not be refunded to you in such circumstances;
4.3 You have a valid credit or debit card or e-wallet;
4.4 You are resident of the address you provided on registration;
4.5 You have a valid and active e-mail address. Please
note that any notice shall be deemed duly given within 24 hours after being
sent to the e-mail address you have provided.
It is clarified that if you do not fulfil these requirements then we shall have, inter alia, the right to delete your registration and prevent you from registering again in the future.
5. REGISTRATION AND DEPOSITING FUNDS IN YOUR ACCOUNT
5.1 During the registration process, you must create a user name and enter a valid e-mail address which is not offensive or misleading, does not offend common decency and does not infringe upon the rights of any third parties. User accounts created during registration are non-transferable and may be used by you only. You are solely responsible for your profile and any activity on it, and must keep your password and login details confidential and secure at all times. If you become aware of any unauthorised use of your profile or password, you must notify us at firstname.lastname@example.org immediately. It is clarified for the avoidance of doubt that we will not be liable for any losses or damages caused by any unauthorised use of your profile or logins.
5.2 We reserve the right to temporarily or permanently disqualify you and/or disable your account and/or to withhold any outstanding deliveries and/or withhold instalments into your account when, in our reasonable opinion, you have breached (or intend to breach) these terms and conditions. You may also be disqualified or your account may be disabled temporarily or permanently:
5.2.1 If such action will protect the rights of other users of our site; and/or in order to prevent misuse of the credit card holder's information and/or payment details
5.2.2 To prevent unauthorised manipulation or use of our site (for example, without limitation, non-payment for bids, use of an unauthorised third-party bidding software or set up of multiple user accounts by you)
5.2.3 If you provide any false or misleading information
5.2.4 If you have previously not paid for products won on our site
5.2.5 If payment was previously blocked, refused, denied or falsely disputed for any reason whatsoever
5.2.6 If you and one or more other bidders agree, discuss or otherwise co-ordinate your bids in an attempt to increase your overall possibility of winning above what would otherwise be the case if you acted separately
5.2.7 If a fraudulent credit or debit card is used or the bank or other credit institution reverses the credit or debit card transaction, for a bid Fee or any other payment.
5.3 After registration, you will be entitled to deposit funds into your account, which will be immediately converted into virtual funds usable for the purchase of bids in due course. Funds in your account may not be used to purchase a product you have won in an auction. You hereby authorise us to retain any funds deposited into your account until such time as it is used by you to purchase bids. You acknowledge and agree that you will not be paid any interest for any funds held by us in your account.
5.4 Should your account be inactive for 12 months, any funds in your account at that time will be forfeited. You acknowledge and agree that we will be entitled to remove such funds from your account and close your account.
5.5 Funds will only be considered to be deposited into your account once payment over the internet has been physically recorded as a received payment on our system. Approved credit/debit card payments are automatically recorded as received payments once payment has been confirmed through the payment gateway.
5.6 You may only purchase bids to the extent that funds have been deposited into your account in accordance with paragraph 5.5. If your account is inactive for 12 months, any unused bids in your account at that time will be forfeited.
5.7 You may not withdraw any funds (awarded or otherwise) that have been deposited into your account once any part of the deposit (or any promotional gifts) in question has been used to purchase bids.
* This applies to the entire membership period, and not each month separately
5.8 We reserve the right to take whatever action we consider appropriate if you have acted fraudulently in instituting a charge-back.
6.1. Bidwiz has a monthly subscription membership that is automatically renewable for a monthly fee of £59.99.
* The membership starts from the date of the first deposit
* Regular monthly fees apply after the 14-day trial period
All members will enjoy value added benefits:
Please note specific terms may apply to specific auctions, and if so, it shall be noted on the auction page.
BIDWIZ CURRENTLY ALLOWS FREE BIDS TO ACCUMULATE which will EXPIRE IF UNUSED after 6 months.
You may review you membership details, the benefits and the pricing options available by clicking on the "My Account" button.
6.2. Minimal 3 months membership period:
All membership subscriptions are binding for a minimum period of 3 months(minimal membership period).
6.3. Cancellation: You (or BidWiz) may cancel your membership at any time by an email to or from the following address: email@example.com. Please state your username with any request. After the 14 days trial membership, monthly fees will apply.
6.4. Refunds Policy:
Please note that any and all fees are non-refundable. Cancellation instructions shall be processed within 3 business days from the time the request is received on our end.
6.5. Unused Bids Expiration:
Without derogating from the other terms and conditions set herein, any unused bids will expire (at the latest) 6 months from the date they were purchased or received.
7. BIDS AND BIDDING
7.1 You will be provided with the following details in
relation to each auction:
7.1.1 Item Retail Price;
7.1.2 Bid Cost;
7.1.3 Maximum Price;
7.1.4 Bids Left; and
7.1.5 Countdown timer.
7.1.6 Product name or description.
7.2 Bids will be disqualified ("Ruled Out") if:
7.2.1 Two or more bids with identical values are submitted by more than one bidder, in which case both (and subsequent) bids at that value will be disqualified;
7.2.2 You submit more than nine bids ranked in the first 50 places, in which case your tenth bid will be disqualified, with the bid that is disqualified being the bid with the lowest value among the ten bids;
7.2.3 You submit four bids that are ranked consecutively, in which case the bid with the lowest value of those four consecutive bids will be disqualified. Bids will be disqualified in accordance with paragraphs 7.2.1 to 7.2.3 in real time and you will be charged a bid Fee for any bid that is disqualified.
7.3 The winning bid will be the highest unique bid closest to the maximum price at the end of the auction.
7.4 In the event that all possible bids are exhausted in an auction, the auction will close and the winner will be the bidder who placed the most bids, regardless of the bid sums.
7.5 Each auction on our site will be closed when the "Bids Left" have been met and the stipulated time remaining has reached zero. In certain circumstances, the time remaining on an auction may be extended. You will always be advised of such extension on the auction page.
7.6 If there is no activity on an auction for a period of at least 72 hours, that auction will be closed. If an auction is closed prior to the minimum amount of bids required on the "Bids Left" being met, all bid fees in relation to that auction will be refunded to your BIDWIZ account for use in other auctions. Funds shall not be returned and bids shall not be redeemable.
7.7 Bid fees are non-refundable unless the auction is cancelled under section 7.6. Once bids are placed, they can be neither withdrawn nor modified. All bids placed will be charged with a participation fee (Bid Cost).
7.8 A bidder who wins a Bid Bank, shall not be entitled to participate in further auctions for Bid Banks until he has exhausted all remaining bids in his account.
7.9 There may be a period of up to 30 working hours from the time an auction closes until the time the auction results are announced. This period is set in order to allow the reconciliation of bids and the auditing of results. Upon conclusion of an auction the bid values will be revealed in an anonymous manner, via e-mail. Such information will be made available for approximately one week.
7.10 We reserve the right to:
7.10.1 Limit the number of auctions you may participate in or win at our own discretion;
7.10.2 To suspend and/or delete and /or restart an auction at any time including but not limited due to technical problems and/or in order to investigate suspected irregular and/or fraudulent activity (including the use of any automatic bidding programs or other automated or abusive processes or uses).
7.10.3 It is hereby clarified that participation in our auctions on our website is strictly based on individual and personal participation only. Multiple accounts are not permitted. Therefore any collaboration between users or use by proxy of any kind is strictly forbidden.
7.10.4 Should we gain knowledge of any collaboration between two or more users in any auctions, we will suspend immediately without any notice the said user's activities on our website until a thorough inspection is conducted.
7.10.5 Should an inspection show any form of collaboration taken place, we will disqualify any winnings of the users and the product won shall not be provided.
7.10.6 Should the case of collaboration reoccur, the said users may be permanently banned from participating in any auction on our website.
7.10.7 It is emphasised that for the purposes of this section the term "collaboration" means also one user participating in an auction under two different user names.
7.11 Our employees, shareholders and members of such
persons' families may not submit bids. The management of BiDWiZ reserves the
right to act upon their discretion in implementing any of the Terms And
Conditions and you hereby waive any claim against BiDWiZ that related with the
discretion or exercise of its rights as set forth in these Terms And
8. YOU HAVE WON AN AUCTION - HOW THE PURCHASE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 After an auction has ended, if you have won you will be e-mailed with an offer in order to conclude a contract to purchase the product which was the subject of the auction for a price equal to the value of our winning bid ("Purchase Contract" or "Contract"). You will be provided with information such as total price (including delivery costs to the address provided on registration, if applicable) and payment options. You must, within 14 days of dispatch of that email, actively confirm and pay the total price for the win by following the instructions provided. Once you have accepted the offer and provided such confirmation and paid the total price, the win is considered to be accepted. Certain products may require additional time and documentation (for example, written contracts or transfer documents) and any purchase contract is subject to satisfactory completion and execution of such documents, which may supersede these terms and conditions. The product will not be delivered until the total price, including all bids purchased and used by you, have been paid and any necessary additional documents was completed. We reserve the rights to retain the product purchased until all bids and the total price have been paid for in full. You will thereafter be sent an e-mail that confirms that the product has been dispatched (the Dispatch Confirmation).
8.2 If you have won you may, instead of accepting the offer set out in paragraph 8.1, choose to convert your win to a Bids Bank in your Bidwiz account in a sum equivalent to 90% of the Item retail price. You must, within 14 days of dispatch of the email confirming that you have won, pay the total price as per paragraph 8.1, or confirm in writing whether you have elected to convert. If you do not timely give either notice, your win will not be processed in any way and may be ruled out as per article 8.4.
8.3 We will try to deliver the product within 30 working days of receipt of your decision in accordance with paragraph 8.1 or 8.2. If we are not able, for reasons beyond our control, to deliver a product won on auction, we will be entitled to substitute the product with a comparable replacement product with the same or better features, or provide a refund of the auction value for the product if this is your preference.
8.4 If a win has not been confirmed and paid by you within 14 days of the auction end date or you have not elected to receive vouchers or a credit in accordance with paragraph 8.2, we reserve the right to withdraw the offer to conclude the contract and your right to pay for and receive delivery of the product or receive vouchers or a credit in lieu of the product will be permanently revoked. In such circumstances, bids placed by you in that auction remain non-refundable.
8.5 If the winner of an auction cannot be contacted for a
period which exceeds 30 days your win will be revoked and ruled out.
8.6 In order to keep the site interesting for all users, you will be prohibited for 14 days from participating in any further auctions on our site if you won 3 auctions in a row and/or on 10 consecutive days.
8.7 You may be prevented from participating in auctions related to the same Product that you have previously won. Example - If you won an iPhone today, you may not be allowed to participate in the next 2 iPhone auctions or more as per our discretion.
9. CONSUMER RIGHTS
9.1 You may cancel the purchase contract at any time within 14 (fourteen) days, beginning on the day after you received the product. In this case, you will receive a full refund of the winning prize in accordance with our return policy (set out in paragraph 13). For the avoidance of doubt it is clarified that you will not be entitled to a refund on any bids.
9.2 To cancel the purchase contract, you must inform us in writing. You must also return the product (or substitute product as set out in paragraph 8.3) to us immediately, in the same condition in which you received it, and at your own cost and risk unless the product is defective, in which case we will bear the cost of returning the same. You have a legal obligation to take reasonable care of the product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.3 You will not have any right to cancel a purchase contract for the supply of audio or video recordings or computer software that you have unsealed. These items are not eligible for return or refund, unless the item is faulty or not as described.
9.4 These provisions do not and may not affect or derogate of your statutory rights.
10. PRICE AND PAYMENT
10.1 Bids must be purchased and paid for prior to engaging in bidding. You warrant that you are the owner of the credit/debit card and are authorised to make use of it for the purposes of purchase bids as stated above.
10.2 Payment for all products must be by credit or debit card or via certain pay agents. We accept payment by American Express, MasterCard or Visa or e-wallet.
10.3 Should a payment not be honoured, a returned payment
fee will be charged and you hereby authorise us to deduct such fees from your
account. You will be responsible for these fees should there be insufficient
funds in your account. We reserve the right to block access to your account
and/or to withhold any outstanding deliveries until full payment for any
product, including any fees due to returned payment, has been paid.
11. AVAILABILITY AND DELIVERY
11.1 We will endeavour to deliver your product by the delivery
date set out in the dispatch confirmation. Any delivery time indicated therein
is provided only as a guide and is not guaranteed. If no delivery date is
specified in the dispatch confirmation, then we will endeavour to deliver your
product within a reasonable time of the date of the dispatch confirmation,
unless there are exceptional circumstances.
* ITEMS WILL ONLY BE SHIPPED TO THE ADDRESS STATED ON THE ACQUIRED DOCUMENTATIONS - BOXES MAY BE A LITTLE TATTY - NEW ITEMS MAY HAVE BEEN OPENED TO ENABLE US TO SECURITY MARK AND RECORD SERIAL NUMBERS - THIS MEASURE IS TAKEN IN ORDER TO PREVENT THE INCREASING AMOUNT OF PEOPLE ATTEMPTING RETAIL FRAUD - PLEASE BE WARNED THAT WE HAVE NOW BEEN ADVISED TO CONTACT THE POLICE SHOULD THIS KIND OF INCIDENT OCCUR.
12. RISK AND TITLE
12.1 The product will be at your risk from the time of delivery.
12.2 Ownership of the product will only pass to you upon delivery if we have received full payment of all sums due in respect of the product, including delivery charges.
13. RETURN POLICY
13.1 When you return a product to us:
13.1.1 Because you have cancelled the purchase contract between us within the 14 (fourteen day) cooling-off period (see paragraph 9.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price you paid for the product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the Product to us; and
13.1.2 for any other reason (for instance, because have notified us in accordance with paragraph 21.2 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product is defective), we will examine the returned product and will notify you of your refund (if any) via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective product. Any product returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
13.2 We will usually refund any funds received from you using the same method originally used by you to pay for your purchase.
14. REFUND POLICY
14.1 Refunds will only be issued if you did not use any credits, promotional gift offer or free bids you received in your BidWiz account.
* This applies to the entire membership, and not each month separately
14.2 Any credits awarded by BidWiz are non-refundable.
14.3 For all DEPOSIT REFUND queries please click here
15. PRIVACY AND YOUR PERSONAL DATA
16. OUR LIABILITY
16.1 Our site is for use by people residing in countries of the Valid Jurisdiction. Deliveries will be made only to the address that matches the credit or debit card's billing address.
16.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the product you purchased (including the cost of your bids for the product in question).
16.3 This does not include or limit in any way our liability under law:
16.3.1 for death or personal injury caused by our negligence;
16.3.2 under section 2(3) of the Consumer Protection Act 1987;
16.3.3 For fraud or fraudulent misrepresentation; or
16.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for indirect losses and/or damages of any sort, including but not limited to:
16.4.1 Loss of income or revenue;
16.4.2 Loss of business and/or opportunity;
16.4.3 Loss of profits or contracts or bids;
16.4.4 Loss of anticipated savings;
16.4.5 Loss of data, or
16.4.6 Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this paragraph 16.4 will not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 16.1 or paragraph 16.2 or any other claims for direct financial loss that are not excluded by any of categories 16.4.1 to 16.4.6 inclusive of this paragraph 16.4.
16.5 In addition, we will not be liable for:
16.5.1 Faulty operation of computers during bid placement and/or for incorrect or overly slow transmission of bidding data by the internet provider and/or any damage that occurs due to bids submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);
16.5.2 Any losses arising from your or third party (including the Product manufacturers or re-sellers") negligence;
16.5.3 Any failure to follow our instructions as to placing of bids;
16.5.4 Any loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by you accessing, using or downloading from our site, or from transmissions via e-mails or attachments received from Us;
16.5.5 Any use of websites linked to our site but operated by third parties.
16.6 We use well-established and reputable third party payment service providers for the acceptance of online payments. While we endeavour to ensure that due care is exercised in handling credit/debit card information by these third party payment service providers, we will not be liable for any compromise, misuse of this information or breach of security by these third party payment service providers.
16.7 Any bidding advice or other materials on our site are provided solely as suggestions and are not intended to be relied upon. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials.
17. SERVICE AVAILABILITY
17.1 Our site is intended to be used by people residing in countries of the Valid Jurisdiction. Deliveries will be made only to the address that matches the credit or debit card's billing address.
17.2 Access to our site is permitted on a temporary basis, and we reserve the right to restrict or suspend access to our site or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to our site and for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
18. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision may not effect or derogate of your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 18 above. Notice will be deemed received and properly served immediately when posted on our site, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 You may not transfer, assign, charge or otherwise dispose of a purchase contract, or any of your rights or obligations arising under it, without our prior written consent.
20.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
20.3 We are entitled to involve third parties to satisfy our contractual obligations without being required to notify you.
21. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time to reflect inter alia, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
21.2 You may be required to agree to additional terms and conditions. Unless otherwise expressly provided by the additional terms and conditions, those additional terms are hereby incorporated into these terms and conditions.
22. VIRUSES, HACKING AND OTHER OFFENCES
You must not abuse or misuse our site, including by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial of service attack or a distributed denial of service attack. You must not attack, breach, trespass, copy, hack, download, duplicate, and reverse-engineer or otherwise use the site for any other purpose our site by any other means whether recognised as an attack vector or not. You may not post any form of spam, phishing or advertising on our sites including other site we may use.
23. FORCE MAJEURE, EVENTS OUTSIDE OUR CONTROL AND SYSTEM OUTAGES
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
23.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
23.2.1 Strikes, lock-outs or other industrial action;
23.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
23.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
23.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
23.2.5 Impossibility of the use of public or private telecommunications networks, including system outages; and
23.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
23.3 Our performance under any purchase contract is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. Parties will mutually use reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which obligations under these terms and conditions and/or the purchase contract may be performed despite the Force Majeure Event
23.4 A system outage may occur, due to an unforeseeable disruption in a system, and some or no bids will be submitted or logged as a result. In such a case, auctions will be temporarily halted and the remaining times for the auctions and the current highest unique bidder will be maintained. After the disruption has been resolved, the auctions will be continued. Temporarily halted auctions will be clearly indicated to the extent possible. If you bid on a temporarily halted auction you will have no right to a refund for bids used or other costs incurred, unless the auction is terminated under section 7.6.
24.1 We are the owner or licensee of all intellectual property rights on our site and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify any paper or digital copies of any materials neither printed or downloaded nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not use any part of the materials of our site for commercial purposes. Products and trademarks may be subject to intellectual property and/or other proprietary rights of their respective owners.
24.2 We make every effort to make the descriptions of products on our site as accurate as possible. However, items offered may differ from those described on our site, due to later production changes. The information on our site may contain inaccuracies or typographical errors.
24.3 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19.
24.4 Nothing herein shall be deemed to impart any right upon any third party and no person who is not a party to the purchase contract will have any right to enforce it pursuant to the contracts (Rights of Third Parties) Act 1999.
24.5 If any of these terms and conditions or any provisions of a purchase contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.6 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any purchase contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.7 We each acknowledge that, in entering into a purchase contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such purchase contract except as expressly stated in these terms and conditions.
24.8 Neither you nor us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any purchase contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in these terms and conditions.
24.9 We reserve the right to take action and/or seek any remedy available under any law and jurisdiction, including injunctive relief, against anyone who, in our opinion, is in breach of these terms and conditions. Such action includes, without limitation, terminating your registration and terminating access to Our Site and auctions on Our Site.
25. LAW AND JURISDICTION
25.1 Any dispute or claim arising out of or in connection with these terms and conditions or products (including non-contractual disputes or claims) will be governed by Gibraltar law. Any dispute or claim arising out of or in connection with purchase contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales, except as explicitly indicated under section 24.9 above.
25.2 We make no representations that our site is appropriate or available for use outside the Gibraltar. If you access our site from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
These terms and conditions have been last updated on: 30th of November 2016