Bidray Ltd.

Suite 404 324 Regent Street
London
United Kingdom
W1B 3HH
Company No.

06719888

1. General / Scope

The following General Terms and Conditions shall apply exclusively to the business relationship between Bidray Ltd and its internet platform www.bidray.com (hereinafter: "Bidray") and our users in the version applicable on the date of use. By participating in Bidray, the user accepts the following Terms and Conditions, as well as the manner in which Bidray and its “Bid Buddies” operate as described on the website www.bidray.com. Bidray does not recognize any terms and conditions set by the user that differ from these unless Bidray has agreed to their validity in writing.

Any special promotions presented by Bidray shall only be valid if they are announced on Bidray’s website, newsletter or marketing material. Any promotions of a limited duration shall likewise be announced on the website, newsletter or marketing material. Upon expiration of the time limit stated, the promotion is ended. Bidray reserves the right to cancel any promotion at any given time.

Commentary and other materials posted on the Bidray website are not intended to amount to advice on which reliance should be placed. Bidray 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 Bidray website or by anyone who may be informed of any of its contents.

2. Eligibility to Participate / Registration with Bidray / Disqualification

By registering / bidding at Bidray, the user warrants that they are legally capable of entering into binding contracts and that they are at least 18 years old.

By registering at Bidray, the user warrants and understands that they will be added to the Bidray email newsletter, and that they may receive promotional emails from Bidray. The user may unsubscribe from the newsletter at any time, by simply clicking on the unsubscribe link in the newsletter emails sent to the user, or logging in to the site and changing their Newsletter settings. Bidray will never sell, rent or give the users email out to any third party without the permission of the user.

Registration with Bidray is not required for use. Non-registered users can also participate in the auctions, at present by SMS. However, only registered users can use the full functionality of Bidray, in particular the “Bid Buddy” and the other Bidray features. Bidray therefore recommends that all users register with Bidray online. Each person may register only once, and all persons must keep their user credentials safe and secure, and may not hand out their password to any third party. Each user may only have one account at Bidray. If a person is found to have several accounts with Bidray, all accounts will be immediately suspended and any bids purchased will be destroyed without prior warning and without any compensation. During the registration process, the user must choose a user name. The user name may not offend common decency or infringe upon the rights of third parties. The user name may also not be misleading in any way or be too similar with another user name already in use, with the clear purpose of imposing an existing user. The associated password is to be kept secret by the user. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Bidray, shall inevitably result in the disqualification of the user and the report of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

Bidray is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when in the reasonable opinion of Bidray a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if Bidray has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user. Bidray reserves the right in its absolute discretion to not accept users or to disqualify users from using all Bidray services and  is not liable for lost value or trouble caused by its users breaking these terms & conditions.

3. Bid Purchasing for Online Bidding / Payment

Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called “Bid Packs”) at the currently applicable prices, which can be viewed in “My Bidray” under “Buy Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s Bidray account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately. Bids are non-refundable and may not be exchanged.
If a user is suspended, all of their bids will be lost and are not to be refunded.
Bid fees is a service charge that helps us provide our users with affordable prices.


Payment can be made by credit card or via PayPal.

Should a payment not be honored for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. Bidray reserves the right to block access to the user 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 in full.

All bids are non-refundable.

4. Bidding / Bid Buddy

For online bidding, an individual bid can be submitted by clicking, or the “Bid Buddy” can be used. Once a bid is submitted it is no longer valid and is deducted from the user’s account accordingly.

Non-registered users can only bid in auctions by sending an SMS text message, including the auction keyword to the phone number provided. The user may only place 2 bids by SMS text message. Bidray does not charge you anything for using this service. However ending SMS text message bids may cost you your normal carrier text message fee for sending and receiving text messages. By sending a text message to our number, you consent to have your phone number provided to Bidray by the phone company so that you can be notified in the case that you win an auction, you are outbid by another user or if you are contacted by our staff.
We may use your phone number to contact you later on with special offers or other information in regards to Bidray.
By trying out our free SMS text message bidding service, you agree to be signed up with our "Special Offers & News" newsletter for SMS. You may at any time unsubscribe from this service by simply replying with the text "FINISH" to our number, or by logging in to your Bidray account and changing your SMS newsletter settings.

Bidray can only consider an SMS bid if the user’s phone number is displayed. The user must, therefore, disclose his or her phone number to ensure that Bidray can allocate the win to the sender.
When bidding with SMS your phone number is added to our SMS newsletter. You can unsubscribe at anytime by sending a message to 99134 with the text LEAVE.

By sending a text message bid to Bidray, you agree that your last four (4) digits of your phone number be displayed publicly on our site.

The Bid Buddy assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more Bid Buddies. The Bid Buddies automatically submits bids according to the specifications set in advance by the user. The user can read about precisely how the Bid Buddy operates in the “Help” section.
Bidray does not guarantee the precision of the Bid Buddy feature and Bidray may not be held responsible for any errors that this software may do or errors in the Bid Buddy. The user is prohibited from using any  bidding software not authorized by Bidray, and doing so will result in immediate disqualification from use.

A bid is registered and counted when our system receives the bid order, a bid is not counted and valid when it is sent from the user´s web browser or through SMS but when Bidray receives the bid order.
It usually takes a few seconds for Bidray to receive the bid order and it may take even longer if there is a delay in the network or if the system is under high stress. Bidray is not to be held responsible for any delays that occur in bidding or on the auctions. Bidray strives to make the Bidray clock as accurate as possible with the best technology available, however Bidray cannot guarantee the accuracy of the bidding clock. Bids are counted in microseconds, so two or more bids being placed at the exact same time is highly unlikely, however, if two or more users submit a winning bid at the exact same time, they shall share the product won.

All bids are final.
Bids are non-refundable.

5. How the Auctions Work

With each bid submitted, be this by online bid or by SMS, the price of the item on which the user is bidding increases by $0.01. A bid submitted by the user constitutes an offer from that user to Bidray to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in clause number 6 and will be the user who has submitted the highest bid as the last bidder.

Each new bid resets the “Countdown time” for the auction. The countdown time for each of the auctions is shown on the auction details. The auction ends when no more bids are submitted within the remaining time stated. The user who submits the highest bid and is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in Bidray’s database and Bidray’s decision regarding who is the last bidder shall be final.

6. Notification of the Win / Acceptance of the Win / Payment

After the auction has ended, the highest bidder (“winner”), who is logged on with Bidray, will see a “congratulation page” displayed with all of the important information such as the total price, the payment details, etc. The user must actively confirm the win by following the steps indicated on that page or elsewhere on the website. As soon as the winner has paid the total amount on the “payment page” the win is accepted. The winner will also receive a notification of the win by e-mail with a request for payment. SMS bidders will be sent an SMS by Bidray if they have won an auction.

The user must pay the total price (auction price) no later than 21 days after the notification of the win is sent. After this deadline has passed, Bidray can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked.  There is likewise no entitlement to replacement of any of the bids used in the auction.

The item is not sent to the user until the total price has been paid to Bidray. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for or acquired. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid for in full.

If the user chooses to pay for the item by credit card and the sales price is lower than $1, then the price will be rounded up to $1.
Credit card processing companies do not accept fees lower than $1 in order to prevent fraud. This fee is also donated to charity in total.

The winner of an auction is solely determined by our system. If a bid is placed too late or does not reset the timer of an auction or is not correctly registered by the system, it is then invalid.
Even though this bid may be the last bid on an auction, it is the last & highest valid bid on an auction that wins the auction.
We recommend our users to always bid at least 5 seconds prior to the auction timer reaches zero, as otherwise the bid might be accepted too late.
An invalid bid is one where the auction timer is not reset after the bid has been placed.

7. Cancellation / Rescission

Bidray 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 exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the consumer but this does not affect the consumer’s other rights.

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

Cancellation Instructions:

Right to cancel

You may cancel your contract within two weeks in written form (e.g. letter, fax, e-mail) or by returning the items, without stating your reasons. This period is extended to one month if you are not informed of these instructions until after you have concluded the contract.

The period begins no earlier than when the item and these instructions are received. To meet the deadline, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following address:

Bidray Ltd.
E-Mail: info@bidray.com

Suite 404 324 Regent Street
London
United Kingdom
W1B 3HH

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 you are unable to return to us the service or product you received or are only able to return it in part or only in a depreciated condition, you will have to pay compensation to us, as applicable, unless the deterioration resulted from proper use. In the case of use of items, this shall not apply if the deterioration of the item is attributable solely to it being tested as it would be possible for you to do in a retail store. In other respects, you may avoid this duty to pay compensation by not using the item(s) as you would your own property, and by refraining from any action that would detract from its value. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for you. Items that cannot be shipped in packages will be picked up upon coordination with you. You must satisfy obligations to refund payments within 30 days after sending your notice of cancellation.
When you cancel by the deadline, you are not obligated to take delivery. Bidray will refund any purchase price already paid. The service charge (eg. Bids) will not be refunded.
The customer is to pay the costs for the return shipment if the item delivered matches that ordered and the value of the returned item does not exceed a sum of USD 40.00, or if, in the case of a higher value for the time, the consideration or contractually stipulated partial payment has not yet been remitted by the date of cancellation.

Should Bidray incur additional costs for insufficient postage on the return, for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment remitted by the customer. Sets/boxes can only be returned in their entirety.

8. Delivery

Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier’s warehouse or from our warehouse to the address provided by the user. Deliveries are made solely within the USA. Users in other countries must have a delivery address within the USA. Statements regarding delivery deadline are not binding insofar as the delivery date has not been committed to as an exception. Bidray 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 the supplier upon taking delivery.

Should Bidray not be able to deliver the item ordered, and this is not the fault of Bidray due to the fact that the supplier has not satisfied its contractual obligations to Bidray or does not do so in a timely manner, Bidray shall be entitled to declare rescission to the user or to substitute the item with a comparable replacement product with the same or better features. The user’s rights under the law shall not be affected hereby.

9. Offsetting / Withholding Payment / 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 Bidray.

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 Bidray’s property until payment in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it. Bidray shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

10. Damages / Reimbursement of Expenses / Limits on Liability

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

In particular, Bidray shall not be liable for faulty operation of the telephone or computer during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item.

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

Insofar as Bidray is insured for its liability for any damage, Bidray 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 well-being, and that according to product liability law shall not be affected hereby.

11. Guarantee

The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them but subject as provided below all other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.

The item descriptions provided according to the best of Bidray’s knowledge and belief. Images of products can differ from the original.

If Bidray is unable to provide the user with the item auctioned due to unforeseeable circumstances, such as unavailability or any other reason, Bidray reserves the right to offer the winner in its absolute discretion an alternative item in the same price range or the equivalent of the item's MSRP in bids so that $1 equals one (1) bid.

Should subsequent correction be undertaken by way of delivery of a replacement, the user shall be obligated to return to Bidray the item already delivered within 30 days at Bidray’s expense.

12. System Outage / Temporarily Halted Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system, the website is unreachable or if any other component of the site is not working as it should be. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

Even with today´s most sophisticated software and hardware, it is impossible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). Bidray therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 11, Bidray shall not be liable for any damage whatsoever incurred by auction users or third parties from using Bidray’s services. In particular, Bidray shall not be liable for damage that occurs due to bids submitted by auction users not being received by Bidray or not being received promptly or not being considered as a consequence of technical faults.

In the event of technical faults, Bidray cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occured. If a user is sure that their bids have been lost due to system failure, they may contact Bidray´s customer service for more details on what they should do at support@bidray.com.
If auctions end due to technical faults, and a winner is declared by the system, this win is not valid, even though the user gets a winning notification from Bidray´s system. Winners on auctions that end due to technical faults may not purchase the item on the auction. If you believe that you have been declared a winner on an auction that ended due to technical faults, please contact Bidray´s customer service department immediately at support@Bidray.com.

13. Applicable Law / Severability Clause

United Kingdom laws shall apply.

To the extent legally permitted, the place of jurisdiction is the United Kingdom.

14. 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 Data Protection Statement.

15. External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, 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 hereby expressly distance ourselves from all content of any and all websites linked to the Bidray website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.

16. Coupons

There are two kinds of coupons used at Bidray, “Registration coupons” and “Checkout coupons”.
All coupons may only be used once by each person, the person intended to use them. Using a coupon that is not intended for you is not allowed. This will result in immediate account suspension and possible legal action. Trying out different coupon combinations is not allowed and will result in immediate account suspension and possible legal action.

17. General

The contract between Bidray and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without Bidray’s prior written consent.

Bidray has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Bidray’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Bidray’s system’s capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Bidray website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Bidray notifies its users of the changes to such policies or Terms and Conditions before Bidray sends information relating to dispatch (in which case Bidray has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).

Bidray is the owner or licensee of all intellectual property rights on the Bidray website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Bidray website for commercial purposes.

Winning Limits

A user may not win more than four (4) auctions per any given 7 day period. Our system will automatically prevent the members on their limit from placing new bids. However, in the rare occurrence that a member has active Bid Buddies while he reaches his limit, those Bid Buddies are not automatically cancelled by our system but the Bid Buddies will place the remaining bids and the member will technically be able to win more than four items per week.
Members taking advantage of this loophole will NOT be awarded the items won after their fourth auction, and there will be NO refund on placed bids. It is up to the members own discretion to pay attention to their limit when booking multiple Bid Buddies. Other members bidding on an auction against someone on his limit with an active Bid Buddy are not entitled to any compensation whatsoever and are encouraged to step down from the auction if they feel uncomfortable with bidding against a member on his limit.
If a user reaches the limit, they will be sent an automated e-mail notification that states that their limit has been met and another e-mail when they are allowed to bid again.

Collusion / Team Play
Any kind of collusion or team play is strictly forbidden on Bidray. By definition, this includes, but is not limited to, two or more members working together as a team, creating the impression that there are more people involved and competing to win an auction than there actually is.
As a guideline, Bidray strongly discourages two members that know each other to participate in the same auction to avoid being suspected in engaging in team play.
Bidray reserves the right to disqualify in its absolute discretion any users they suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or bids will be returned or transferred into other accounts.

SMS Terms and Conditions

By using any SMS services on the site (Bidray.com) you agree to the following terms and conditions:

You may only use Bidray.com if you are older than 18 years of age.

You may only use Bidray.com´s SMS services if you have the explicit right to send and receive SMS text messages from that number. If you are using a cell phone that is not registered with you personally, please make sure that you have received explicit permission by the owner (bill payer) to use Bidray.com´s SMS services.

You may not abuse Bidray.com´s SMS services by sending unnecessarily many SMS messages to our number, using our services with another person’s phone that you have not received permission to use with Bidray.com services or using our premium services (bidding by SMS) in a way that you financially cannot support.

Bidray does not charge you for using our SMS services, however you understand that by using Bidray.com´s SMS services, charges may occur, both carrier fees of sending and receiving SMS messages.

You understand that bids placed with SMS are non-refundable and we cannot guarantee that you win on any of our auctions by bidding on them. If you win is determined by if other users are prepared to pay a higher price for the item at auction and if they place a higher bid than yours on an auction.

You understand that by using any of our SMS services you automatically opt in to receive Bidray.com´s "Special Offers & News" newsletter to the number used with the services. You may unsubscribe of this feature at anytime by logging in to your account and going to [My Bidray > Account > My Details] and changing your SMS contact settings, or by sending a message to our number with the text “FINISH”.


Any person found to have sent more SMS text messages to us (10+), than what is neccesary can be forced to pay the fee that Bidray has occured due to their behavior.

Note:

Due to the billing of charges, we would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices. We advice all parents to keep a close check on their children’s online and phone activities. Bidray is not a website suitable for children under the age of 18.