http://www.firstclassbid.co.uk/http://www.firstclassbid.co.uk/ Lowest Unique Bid Auction, Bidding & Reverse Auction Site - First Class Bid

Terms & Conditions

1. Introduction

1.1. This page tells you the terms and conditions on which:

1.1.1. You may access or use our website www.firstclassbid.com (our site) and any associated sites owned by us, whether as a guest or a registered user. Please read these Terms & Conditions carefully before you start to use our sites.

1.2. Any information provided on this website and via advertisements on how to enter the auction, about the lot and any information given with the Lot will also form part of these Terms & Conditions.

1.3. In the case of conflict between these Terms & Conditions any specific Terms & Conditions set out for an auction, the auction specific Terms & Conditions shall prevail.

1.4. By using our sites, you indicate that you accept these Terms & Conditions and that you agree to abide by them. If you do not agree to these Terms & Conditions, please refrain from using our sites.

1.5. These Terms & Conditions apply to all users of, and visitors to, our sites. Terms & Conditions pertinent to Sellers will be provided on a case by case basis.

2. Definitions

2.1. Auction: the auction model offered by us consists of an online interactive lowest unique bid auction. No bidder knows the true identity of other bidders or the amount of other bid values during the auction and at auction close the bidder who has submitted the lowest unique bid has the opportunity to win the Lot.

2.2. Auction close: when bids will no longer be accepted for the Lot.

2.3. Auction console: an area of the firstclassbid site that consists of the Bidding console and Spectators gallery.

2.4. Available bids: the number of bids available to a collective group of bidders in a single auction.

2.5. Bid: the value submitted to win a specified Lot.

2.6. Bid status: the bids current state, unique, not unique, lowest, not the lowest.

2.7. Bid status icon: the bid's status shown as a symbol.

2.8. Bidder: a User who participates in an auction by submitting bids in accordance with these Terms & Conditions.

2.9. Bidder Id: the unique id assigned to User when they register on the site.

2.10. Bidding console: an area where a Bidder can submit bids and monitor any changes in bid status within an Auction console.

2.11. Cancelled: a Lot that has been removed and the auction fails to progress to a Live auction.

2.12. Charity auctions: an auction that allows an organisation to promote itself by sponsoring an auction that supports a charity.

2.13. Current status: an area within an Auction console where a Bidder can view live information on the status of their submitted bids.

2.14. Lead bidders: an area within an Auction console where Spectators and Bidders can view the top x number of Bidders who either hold the Lowest unique bid or are close to that position.

2.15. Live: an Auction that has started and submitted Bids are processed.

2.16. Lot: the stipulated prize(s) offered at auction.

2.17. Lowest unique bid: the lowest bid for a lot that is greater than zero and unmatched by other bids.

2.18. Maximum bid value: The displayed value of the Lot.

2.19. Maximum bids: the stipulated maximum number of bids that are available to a Bidder in an auction.

2.20. Preview: where the Lot is advertised on our Site in order to elicit whether there is enough interest in the Lot in order to continue onto the next stage of the auction process.

2.21. Progress Bar depicts the gradual completion of an auction by showing bids placed and bids reduced against the total bids available.

2.22. Practice auctions: a free auction where users bid against each other to gain experience and develop bidding strategies.

2.23. Private auctions: an auction run as a special event/promotion by an organisation to an exclusive group of users.

2.24. Public auctions: Public auctions: an auction available to registered users for the purpose of bidding against each other to win the Lot.

2.25. Service: the opportunity to use our Site and experience an auction, either as a bidder or spectator.

2.26. Simulated auctions: a 'dummy' auction where users can bid against themself with the purpose of familiarising themselves with the auction console and bidding terminology.

2.27. Spectator: a user who can view the Spectators Gallery in the bidding console.

2.28. Spectator gallery: the Lot description panel and Lead Bidders panel in a bidding console available to view to spectators.

2.29. Status changes: the panel on a bidding console which lists the bid values that have recently had a change of status.

2.30. Successful bid: the lowest unique bid at the close of auction.

2.31. Successful bidder: the bidder/user account who has the successful bid.

2.32. Unique bid a bid for a lot that is unmatched by other bids.

2.33. Us/we: Firstclassbid.com

2.34. User account: membership of our site which the user can use to manage their personal information, receive updates etc.

2.35. User/you: any person accessing our sites, entering the auctions or using the services provided.

2.36. Value guide: an indication/approximation towards the worth of the lot.

3. General

3.1. These Terms & Conditions shall apply to:

3.1.1. Any legal or natural person ('the User') accessing this site, entering the auctions or using the services provided.

3.1.2. All Firstclassbid and websites namely unless otherwise expressly stated.

3.2. By using this site and the associated services or entering a Firstclassbid, the user: -

3.2.1. Deems to accept these Terms & Conditions as well as the Terms & Conditions of any relevant third party.

3.2.2. Warrants that all information submitted by you is true, current and complete.

3.2.3. Warrants that you are of sufficient age and mental capacity and are entitled to be legally bound in contract.

3.2.4. Will comply with all applicable laws, regulations and codes.

3.2.5. Will not impersonate another person or use a false name or email address.

3.3. If any of these Terms & Conditions 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.

3.4. In the event of any dispute regarding the rules, Terms & Conditions, conduct, results and all other matters relating to an auction, the decision of the directors of Firstclassbid.com on all matters shall be final and no correspondence or discussion shall be entered into.

3.5. These Terms & Conditions are not intended to create any partnership, agency or joint venture.

3.6. We will take all reasonable care to ensure that all details and descriptions are correct at the time when the relevant information is entered into the system.

3.7. We reserve the right to withdraw items from our auctions and/or to substitute alternative items available in each Lot and/or amend any aspect of the details at any time.

3.8. We have the right to revise and amend these Terms & Conditions from time to time.

4. Auction Participants

4.1. A user must register with our site in order to participate in an auction, either as a bidder or a spectator. Bidder's can participate by bidding and spectators enjoy one aspect of that experience by viewing the progress of that auction in the Spectator's Gallery.

4.2. By registering with our site, you warrant that:

4.2.1. You are legally capable of entering into binding contracts;

4.2.2. You are at least 18 years old;

4.2.3. You are neither Neither employees, family member, agents nor contractors of Firstclassbid.com;

4.2.4. You will not use this site for any purpose that is unlawful under the laws of any country binding on the user, whether in respect of the nature of the items sought to be won or otherwise, or prohibited by these Terms & Conditions;

4.2.5. You will keep safe and secure and confidential all passwords and credit and debit card data used on the site and will fully and effectively indemnify Firstclassbid against all loss or damage caused by any misuse of such passwords or data;

4.2.6. You will not create more than one user account at any given time;

4.2.7. You will print out and retain, and make available to Firstclassbid at all times, copies of all notices making or confirming any order transacted on this site.

4.3. Proof of eligibility must be provided on request.

4.4. Firstclassbid.com will use the User’s IP and billing address to determine if a person is classed as being outside the EU. Users will be required to confirm their non-EU status for the purposes of VAT.

4.5. Any user who also owns the item in a Lot is prohibited from bidding in the auction of that Lot. Employees, family members, agents, contractors or are in any way associated to the Lot are also prohibited from bidding in the auction.

4.5.1. In the event where We become aware of the user's actions to such effect then we reserve the right to seek recovery of the Lot and apply the penalties as outlined under clause 4.6.

4.6. Firstclassbid.com reserves the right in their reasonable discretion to disqualify/suspend/terminate any user account and/or declare as void any or all claims/bids of any user:

4.6.1. Whose conduct is contrary to the spirit of the rules, Terms & Conditions or intention of the auction; or is abusive, aggressive or obscene.

4.6.2. Resulting from a user account that has been set up with incorrect, misleading or obscene details.

5. Auction Types

5.1. Simulation

5.1.1. Firstclassbid.com will offer through simulation auctions the opportunity for the user to experience the bidding console.

5.1.2. Participation in a simulation auction:

5.1.2.1. Requires the user to register with our site;

5.1.2.2. is free of charge.

5.1.2.3. is not limited i.e. the user can run a simulation auction as many times as they wish (subject to our fair use policy).

5.1.3. The user is the only bidder in a simulation auction. The purpose of the simulation auction is for the user to familiarise themselves with the auction console and the bidding terminology used.

5.1.4. No Lot is offered in a simulation auction.

5.2. Practice

5.2.1. Practice auctions will run at our discretion and the user will be notified by email at the close of the auction if they were the lowest unique bidder.

5.3. Public

5.3.1. A user must register with our site in order to register in a public auction.

5.3.2. Payment will only be accepted online and in the manner advised.

6. Auction Phases

6.1. The terms and conditions for the phases described below may apply to all auction types but for completeness follow the course for a public auction.

6.2. The life of our auctions may involve one or many phases.

6.3. Preview

6.3.1. A user may register interest in an auction at preview only once.

6.3.2. Registering interest at this stage:

6.4.1. Payment will only be accepted online and in the manner advised.

6.4.2. It the user's responsibility to ensure that any payment details provided are current and valid.

6.4.3. Firstclassbid.com will not indemnify any user for any loss caused by failure to provide current and valid payment details.

6.7. Live

6.7.1. The total number of bids available in an auction is subject to availability.

6.7.2. We reserve the right to reduce the overall number of bids available in an auction or those specific to individual bidders.

6.7.3. All bids must be submitted correctly following the instructions provided.

6.7.4. Individual bid values will not be made public during any auction. On auction close, only the bid value of the successful bid will be made public.

6.7.5. Automated/technology generated bids will be void.

6.7.6. Any bids made by agents, in bulk or from third parties will be void.

6.7.7. We reserve the right with reasonable discretion to declare as void any claims or bids:

6.7.8.1. Resulting from a user account that has been set up with incorrect, misleading or obscene details.

6.7.8.2. Resulting from printing, production and/or distribution errors, including but not limited to, any errors in any newspapers, this website, radio/TV advertising, text messages, WAP pages and/or printed materials.

6.7.8.3. Where there have been any errors in any aspect of the preparation for or conduct of the auction materially affecting the result of the auction or the number of bidders or the value of bids.

6.7.9. The current status icons in an auction console are for information only and do not in any way indicate how a bidder should place a bid.

6.7.10. Participation for registered users in live auctions will be restricted to the Spectator Gallery in the Auction Console.

6.7.11. We can make no guarantee of network access to the auction and are not responsible for network, telephone line or communication failures of any kind or for bids that are incomplete, incorrect, illegible, incomprehensible or not received. Such bids will be invalid.

6.7.12. Failure of a bid to be delivered in the manner specified will make the bid invalid.

6.7.13. In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the auction the decision of Firstclassbid.com shall be final.

6.8. Paused

6.8.1. We have the right to temporarily stop a live auction due to:

6.8.1.1. Suspected or actual cheating or irregularity in bidding by bidder(s).

6.8.1.2. Any event that has the potential to cast doubt on the integrity of bidders or the bidding mechanism.

6.8.2. After the temporary pause in live activity:

6.8.2.1. Bidders will resume bidding from the point at which the auction was stopped; or

6.8.2.2. The auction will be replayed; or

6.8.2.3. The action to be taken will be at the sole discretion of Firstclassbid.com and the decision will be final.

6.9. Cancelled

6.9.1. Firstclassbid.com has the right to cancel an auction.

6.9.2. Any monies taken as payment towards a will be refunded.

6.10. Closed

6.10.1. The auction will end when there are no longer any bids available for that auction or as stated on the auction page.

6.10.2. We may refuse to proceed with the sale, or seek its recovery, in the event of a bidder’s fraud, dishonesty or non-entitlement under these Terms & Conditions or as a result of improper actions by or on behalf of users, illegal or otherwise.

7. The Successful Bidder

7.1. The bidder with the user account that has the lowest unique bid at the close of auction will be the successful bidder.

7.2. We will offer the Lot to the successful bidder only.

7.3. If at auction close:

7.3.1. There are no unique bids then the lowest bid value greater than zero with only two bids will be selected. The successful bidder will be the user whose bid was first received by us.

7.3.2. There are no bid values with two bids then the lowest bid value greater than zero with only three bids will be selected. The successful bidder will be the user whose bid was first received by us.

7.3.3. This process will continue until a successful bidder is identified.

7.4. The successful bidder will be contacted using the email address supplied on their online registration details.

7.5. If the successful bidder cannot be contacted then We reserve the right to disqualify their bid and identify and nominate a substitute successful bidder. This process will continue until a successful bidder is identified.

7.6. On completion of each auction, the successful bidder must confirm in writing within 60 days to claim bid of notification that they wish to proceed and accept the Lot.

7.7. If the successful bidder fails to respond within 60 days to claim bid, or at any time declines the Lot, they forfeit their right to claim it in perpetuity.

7.8. Must accept that should users name be published in the event that the successful bidder does not, or is unable to, comply with and meet these Terms & Conditions, Firstclassbid.com shall be entitled at its discretion to disqualify the successful bidder, without any further liability to the successful bidder.

7.9. Successful bidders must accept that his/her names wording should published/announced on the website, on air or in print, and it is a condition of participation that the successful bidder co-operates fully for publicity purposes if so required.

7.10. On completion of each auction, the successful bidder must confirm by submitting the product online claim form for the winning product/s within 60 days to claim the bid notification that they wish to proceed and accept the product/s. The claim for the product/s will expire 60 days after the auction end date. Product/s will be dispatched 28 days after the claim has been received by Firstclassbid.com a conformation email will be sent to the successful bidder .

8. Auction Lots

8.1. Property

8.1.1. For Property Auctions, the Lot will be the opportunity to own the stipulated property, subject to contract and upon Terms & Conditions that will be provided to the successful bidder after auction close.

8.1.2. Any value/rental guides provided for properties are indicative only and not legally binding.

8.1.3. Specification, description and lease/freehold details for each property will only be provided on the web page for each auction and do not constitute full particulars.

8.1.4. Firstclassbid.com does not:

8.1.4.1. Independently verify the information, status or condition of the property; or

8.1.4.2. Advise on valuation or price.

8.1.5. We do not take any responsibility for the accuracy of the information contained on the Site and the documents provided. We recommend that all particulars are independently verified.

8.1.6. Legal fees, relevant taxes and any other property purchase costs will not be included, unless otherwise specified.

8.1.7. The successful bidder will be responsible for payments for service/maintenance charges, ground rent and all other costs for the property following the transfer of the title.

8.1.8. Properties will not be provided furnished, not with standing any standard appliances and/or fittings already in place e.g. bathroom fittings; fitted kitchen; washing machine; dishwasher.

8.1.9. No guarantees are provided as to the working condition of any appliances, fittings, heating or electricity systems or utilities in the properties offered within the auction lots.

8.1.10 At auction close:

8.1.10.1. The successful bidder will have the opportunity to own the property comprised in the lot, subject to contract and upon Terms & Conditions that will be provided to the successful bidder after auction close.

8.1.10.2. We are not estate agents and will not enter into any negotiations of any kind between the successful bidder and home owner.

8.1.10.3. We recommend that professional legal advice be taken when proceeding with a property purchase.

8.1.11. The successful bidder:

8.1.11.1. is not bound to own the property and may withdraw from the purchase process at any time prior to exchange of contracts for property ownership.

8.1.11.2. 28 days after successful bid will be given the property address or plot number and/or provided reasonable access to the property/site. This will be provided only after written confirmation to proceed is received from the successful bidder.

8.1.11.3. will be responsible for any and all travel, accommodation, subsistence and visa arrangements, costs and requirements.

8.1.11.4. Must comply with and assist the process and timescales (legal or otherwise) to enable the transfer of ownership. If the property transfer of ownership is not completed within 6 weeks of notification then the property will be withdrawn from sale.

8.1.11.5. Will have sole responsibility for all relevant taxes/fees with respect to taking ownership of the property or cash payment if a cash sum is awarded instead.

8.2. Gold

8.2.1 For gold auctions, the Lot will be the opportunity to win the stipulated gold item.

8.2.2. The value of gold is subject to market fluctuations. Any market valuations for gold items are indicative only and not legally binding.

8.2.3. For any item requiring delivery, unless otherwise stated, please allow 6 weeks from the date that payment of the successful bid value has cleared.

8.2.4. The item is shipped directly by our suppliers and Firstclassbid.com is not responsible for the shipping or delivery of the gold item.

8.2.5. Packaging, shipping and insurance costs will be included unless otherwise specified.

8.2.6. Importation of goods into a country may be restricted or subject to local taxation and it is the responsibility of the successful bidder to ensure that the item can be legally imported into their country.

8.2.7. Firstclassbid.com will accept no responsibility for an item confiscated due to import restrictions.

8.2.8. Any costs of importation (e.g. import duties or taxes) will be the responsibility of the successful bidder. Failure to pay these costs will result in the return of the item to Firstclassbid.com in the UK.

8.2.9. Firstclassbid.com will not indemnify any Successful Bidder for any loss or damage caused by a late or failed delivery.

8.2.10. We make no warranty concerning the quality, availability or fitness for purpose of any items listed or shown in our auctions.

8.3. Currency Auctions

8.3.1. For Currency auctions, the Lot will be the opportunity to win the stipulated currency.

8.3.2. Payment will be in the Currency of the Lot and any variations in currency exchange rate will not be represented in the amount sent by Firstclassbid.com.

8.3.3. Payment will be sent within 28 days of the auction close by cheque, money transfer, or Paypal, whichever method we deem to be the most convenient for the Currency. If the Lot value is greater than 10,000 GBP this period may extend to 56 days and proof of identify may be required prior to transfer.

8.3.4. Payment will be made only to the successful bidder or to a bank account held in their name.

8.3.5. The successful bidder is responsible for any local taxes or costs associated with the Currency or its transfer.