TheNextBid is owned and run by Sophora Media, referred to below as TheNextBid or TheNextBid
or "Us" or "Website".
1. DEFINITIONS
By placing bids at TheNextBid, you (“participant,
“customer”, “user”, “bidder”, “visitor”,
“auction winner”) agree to enter an agreement with TheNextBid
and accept the following terms and conditions, which are subject
to revision by TheNextBid.
2. ELIGIBILITY
By accessing this site the Member exercises the right to act
autonomously, and guarantees the right, authority and capacity to
accept the present Agreement, agrees with all the Terms and Conditions
and guarantees that he/she is aged 18 or over, or as legally required
in the country of residence.
Each single Member, by registering with TheNextBid, unconditionally
accepts without any exception the following prohibited uses:
- Open and use more than one
TheNextBid
account (“Account”);
Use a false or misleading address or e-mail address to open or
use an Account.
- Supply false or misleading information to any subject involved
in the
TheNextBid
program.
- Use names and/or addresses and/or personal data of any type
belonging to third parties.
TheNextBid reserves the right to suspend and/or delete the Member
account if the Member doesn not follow the rules above
3. ACCESS CODES
Each Member must create a "Nickname" which will identify
the Member on the Site in a unique and univocal way. In addition
each Member must choose a "Password". Nickname and password
allow TheNextBid Members to see, use and manage their Account. You
are solely responsible for keeping your Nickname and Password confidential.
In no case shall TheNextBid or their employees or associates be liable
and/or have duties in relation to the use or improper use of your
Nickname and/or Password.
4. SERVICE
Our service is limited to the choice of suppliers and products placed
on sale. Our Service includes monitoring the regular execution of
sales based on a blind lowest unique bid auction system, as per
the Rules described herein, and monitoring that the product purchased
is delivered to the buyer. In addition, the TheNextBid Service includes
the management and updating of the Site and of its web and software
parts, as well as the management of all the costs related to servers,
employees, advertising and costs related to the management of a
Company. You hereby agree and accept that the Service offered and
for which you decide to buy Credits is reasonable. Members who wish
to place bids accept and agree to buy Credits in order to receive
these Services.
IF, FOR WHATEVER REASON, YOU DO NOT AGREE WITH THE SERVICE WE OFFER
PLEASE DO NOT REGISTER WITH THE SITE AND DO NOT USE THE SERVICES.
5. CREDITS
Access to the Site and registration are free. To receive the Services
offered by TheNextBid you must buy Credits. In return for purchasing
the TheNextBid Services you receive Credits, which you can use at
your discretion to receive the Information Service for each bid
you place. The amount of Credits deducted from your Credits Account
purchased is shown on the site and may vary according to the product.
By registering as Member and therefore wanting to receive the TheNextBid
services, you agree and accept that any payment you make to TheNextBid
is made exclusively to guarantee the continuity of the Service indicated
here and that the Information Service offered by TheNextBid for each
bid is an additional Service offered by TheNextBid for which no payment,
but only the use of Credits, is required. The Member is solely responsible
for any type of management of his/her Account.
6 BONUS OFFERS
When purchasing Credits, or in the case of promotions which may
be presented from time to time, TheNextBid may, at its own discretion
and without any obligation, give you a Bonus.
A bonus amount can only be used to participate in the current auctions
at TheNextBid, and can in no other way be used or reclaimed in the
form of payment or compensation otherwise.
All bonus offers are subject to the terms and conditions specified
at the time of the offer. TheNextBid reserves the right to take appropriate
action, which may include immediate account deactivation without
refund, towards any users abusing bonus offers.
7. ACCOUNT BALANCE WITHDRAWALS
If a member wishes to have a certain balance, which has previously
been deposited at TheNextBid, repaid in the form of balance on a
bidding account, the member will be charged an administrative fee
of 4.5% of the full account balance or $ 15, whichever is
higher. This fee covers handling, administrative and international
transaction fees between TheNextBid and the member. The member also
waives any claim to potential bonus amounts in the account that
are linked to the amount being paid back, and these bonuses will
be deducted from the account prior to the calculation of the administrative
fee.
8. SERVICE CHANGES
TheNextBid reserves the right, at any time, to change or interrupt,
temporarily or permanently, a part of the Service with or without
notice. You agree and accept that We shall not be liable and shall
not be subject to sanctions by you or third parties for any change,
suspension or interruption of the Service and you agree and accept
that you shall not have the right to receive any refund unless the
Service is permanently closed and interrupted for a continuous period
of 12 consecutive months.
9. LOWEST UNIQUE BID AUCTION
9.1 Rights to bid
Participants may bid on any number or all of the ongoing auctions
until they are closed. Every auction closes at a set time and date
disclosed on our website.
9.2 Bids Amount
Bids can only place in USD with 2 cents (for instance,
$23.5). As such, bids can be placed from 1 cent ($0.01)
and upwards. The auction item is sold for the lowest unique bid
at the end of the auction.
9.3 Valid Bid Registration
Incoming bids are valid once they are registered at TheNextBid. The
bid is not valid at the time when it is sent from the bidder’s
computer. Typically, the bid is registered within one second after
it is sent from the user, but in some rare cases, bidders may experience
connection problems with the Internet service provider. These connection
problems may result in a delay between the time the bid is submitted
by the bidder and the time it is received by TheNextBid.
In order for the bid to be valid during an auction, it has to be
registered with TheNextBid at the designated closing time for each
auction.
9.4 Lowest Unique Bidder
The User who at the end of the auction has placed the lowest unique
bid is the winner of the auction. The lowest unique bid refers to
the act of placing the lowest bid along with being the only one
to place the bid in question. TheNextBid continuously identifies
the lowest unique bid and also keeps the relevant individuals informed
about the status of the bid and other relations to this bid, subject
to the limits of liability stated above. In the extreme rare case
of no bid being unique, the auction will be re-opened for a few
days.
10. AUCTION WINNER
10.1 Auction Winner Notification
TheNextBid contacts the winner, as defined under “Lowest unique
bidder”, and sends an invoice covering the winning bid and
the shipping costs. The invoice is to be paid within thirty days.
If the invoice is not paid in time, the winner of the auction will
lose the opportunity to purchase the item/service for the winning
bid. Auction winners are responsible for inspecting all products
immediately upon delivery and report any problems to TheNextBid Customer
Support within 14 days after delivery.
10.2 Delivery
Delivery. Items are normally delivered 1-4 weeks after the invoice
has been paid. In rare cases there may be delays from the product
manufacturer that prevents TheNextBid from delivering the item to
the winner within 4 weeks, and in these cases TheNextBid pledges
to notify the customer of the delay and explain the circumstances.
All items are delivered by courier, to the address specified in
the winner’s TheNextBid account.
Some products may require your personal presence because they must
be registered through public deed (e.g. a car). In this case all
expenses sustained by the winner to reach the location of the product
and/or any registration cost and/or any other cost not expressly
mentioned on the site shall be paid by the Successful Bidder. After
having purchased and paid for the Product the Winner can assign
the property to a third party according to instructions which the
Winner shall communicate to TheNextBid. TheNextBid shall not be liable
or punishable in any way if the product cannot be delivered due
to the fact that the address on the registration form is incomplete
or incorrect. You are responsible for updating your details.
10.3 Product Warranty
Items sold on TheNextBid typically come with the manufacturer’s
warranty, which obviously vary by manufacturer. Although TheNextBid
is happy to assist the customer in correcting any issues with defectious
products, the company does not offer any explicit product warranties.
In case there are any faults with the received item(s), please contact
customerservice@TheNextBid. The customer will then be given
the option to return the goods for inspection. If the fault of the
product is covered by the manufacturer’s warranty, TheNextBid
will assist the customer in acquiring a brand new product from the
manufacturer.
10.4 Availability
TheNextBid will make its best efforts to select suppliers that can
guarantee the availability of the product with the characteristics
specified on the Site, without modifications, during the entire
Bidding Period. If, during the Bidding period, TheNextBid is informed
that said product with the characteristics presented is no longer
available, TheNextBid shall indicate it on the Site or communicate
it to the Winner, if the Bidding period is closed. If the product
is not available after the Bidding Period, the Winner shall be offered
a product of the same type of equal or higher value. In this case
the Confirmation Period defined above becomes of thirty (30) days.
If on the other hand the product is not available during the Bidding
Period and TheNextBid is informed of this, then the product may be
withdrawn from the auction and all the Credits used to place bids
by Members for that product will be credited to their Accounts.
10.5 Product Refunds
An auction winner has the right to cancel the purchase within 14
days, provided that the product is unused and unopened. If the customer
wishes to cancel the purchase of an auction item, the customer should
contact customerservice@TheNextBid and either send the item
to us, or deliver them to a specific address. The customer will
then be reimbursed for any amount paid for the item (the lowest
unique bid), less shipping and handling.
10.6 Contact Information
When placing a bid, the customer agrees to provide a telephone number
that TheNextBid can use to contact the customer at the time of the
auction close in the case that the customer has placed the lowest
unique bid. Aside from a telephone number, the customer may also
provide TheNextBid with other contact details including, but not
limited to,address and gender when opening an account. As stated
under “Privacy”, TheNextBid adheres to applicable privacy
laws and has policies in place that this information will not be
shared with third parties without the member’s expressed consent.
10.7 Publication of auction winners
TheNextBid has the right to contact the winner after the end of an
auction and publish information about the winner. All winners of
items worth $3000 or more are obligated to submit a picture
and full name to TheNextBid for publication on TheNextBid. In
order to provide its members and the public with transparency in
regards to auction winners, TheNextBid has the right to forward auction
winners’ contact information to relevant media, individuals,
and TheNextBid’s certified accounting firm.
11. PRODUCT DESCRIPTION
We do our best to give Product description which are as accurate
as possible. The information may contain printing errors or incorrect
elements. Therefore, product information must not be considered
as a TheNextBid declaration of the technical characteristics of a
product. The published market values are basic estimates made by
TheNextBid, and may be different due to the nature of commerce and
ever-changing prices.
12. DICLAIMER
TheNextBid, including their legal representatives, directors, agents,
controlled companies and employees shall not be liable for incorrect
or incomplete contents published on the site or concerning the Service
whether these are generated by users, Members or any other instrument
or program associated to the Service or used by the Service, or
generated by the conduct of any user and/or Member of the Service
both online and offline. TheNextBid shall not be liable for any errors,
interruptions, extensions, defects, delays in the operations or
in the transmission, lack of communication lines, thefts, destruction
or unauthorised access to or alteration of user and or Member communications.
TheNextBid shall not be liable for any technical malfunction or problem
of any network or telephone line, online computer system, server
or provider, computer equipment, software, lack of e-mail or traffic
congestion of the Internet or any site or combination of these,
including tort or damage to user and /or Member computers and/or
computer of any person, that may arise from taking part or downloading
material related to the TheNextBid Site and/or Service. TheNextBid
shall not be liable, for whatever reason, for any loss or damage
deriving from the use of the site or Service and/or any content
published on the site or communicated to TheNextBid Members by anyone.
TheNextBid and Sophora Media and their employees cannot guarantee
and do not promise that the use of the site and/or Service will
lead to specific results.
13. LIMIT OF LIABILITY
Excluding jurisdictions in which said provisions are limited (in
that case We decline any responsibility to the extent permitted
by law), TheNextBid shall not, for any reason, be liable towards
members or third parties for any indirect, consequent, exemplary,
accidental, special or punitive damage including the loss of profits
that may arise from the use of the site or Service even if TheNextBid
has been advised of the possibility of said damage.
Notwithstanding anything to the contrary contained in this agreement
TheNextBid’s liability to the member for any cause whatsoever,
regardless of the form of action, will at all times be limited to
the amount paid by the Member, expressed in Credits, and not yet
used net of any Bonus Credits received.
14. TRADEMARK PROPERTY
TheNextBid trademarks and the TheNextBid logo, and TheNextBid website
texts belong to Sophora Media. All other trademarks belong
to their respective owners. You cannot, for any reason, use the
intellectual property of TheNextBid and/or reproduce texts, images
or any other data published on the TheNextBid website without having
received prior written consent from Sophora Media.
Last revision: 25 July 2008
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