Welcome to GongBid. These terms and conditions apply to the services available from the domain and sub-domains of www.GongBid.com and from all other GongBid branded websites provided for U.K. users, (together, the "Site"). If you reside in the U.K. or another country that is a member of the E.U. by using the services of the GongBid websites (GongBid.com and other sites where this user agreement appears) you are agreeing to the following terms with TreeFox Media ltd,Co Reg No:6318697, 37 Warren Street, London W1T 6AD, United Kingdom and the general principles for the websites of our subsidiaries and international affiliates.
Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a member of GongBid, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and GongBid.
This User Agreement is effective upon acceptance for all new users.
General and Scope
The following General Terms and Conditions shall apply exclusively to the business relationship between GongBid Ltd and its Internet platform www.GongBid.com (hereinafter: "GongBid") and our users in the version applicable on the date of use. By participating in GongBid, the User accepts the following General Terms and Conditions, as well as the manner in which GongBid and its “Auto Bid” operate as described on the website www.GongBid.com. GongBid does not recognise any terms and conditions set by the User that differ from these unless GongBid has agreed to their validity in writing.
Any special promotions presented by GongBid shall only be valid if they are announced on GongBid’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended.
All content on the GongBid website is not intended to amount to advice on which reliance should be placed. GongBid 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 GongBid website or by anyone who may be informed of any of its contents.
Participation and Disqualification
You may not use GongBid if you are under the age of 18 or you not able to form legally binding contracts or if your GongBid membership has been suspended.
Employees and relatives of employees of GongBid ltd are not eligible to participate in GongBid services.
Users are not required to register with GongBid to participate in GongBid services.
Non registered users may participate by using premium rate text messages.
SMS bidders may find restrictions imposed by their individual telephone service provider. GongBid are not responsible for any such restrictions. SMS bids are non refundable.
Only registered users have access to the full functionality of GongBid, in particular the “Auto Gong” function. GongBid therefore recommends that all users register with GongBid.
Each User may register only once, using their residential postal address. Non residential and post office box addresses may not be used for User registration purposes. During the registration process, the User must choose a username. The username chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading usernames is strictly prohibited.
GongBid reserves the right to change or delete a username if it finds User violating GongBids terms and conditions. The associated password is to be kept secret by the User.
In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
User accounts created during registration are non-transferable. Any abuse of the user account will inevitably result in the disqualification of the User and may lead to criminal proceedings. GongBid may at any time, exercise sole discretion to suspend or permanently exclude users from its services. : GongBid will decide upon such exclusion if and insofar as, in the reasonable opinion of GongBid, a user has breached a GongBid provision, violated any laws or infringed upon the rights of third parties, or GongBid has another justified interest in such for the protection of other Users or to prevent manipulation of any kind, for example if bids are not paid, unauthorised bidding software is used, or several user accounts are set up by the same User.
GongBid has the right to verify the identity of each individual user. In the event of GongBid being unable to verify or authenticate user identity using reasonable endeavours, then GongBid may ask users to provide photo ID, proof of address and other documentation as GongBid requires. Should such proof not be provided, GongBid has the right to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.
Furthermore, GongBid reserves the right in its absolute discretion to restrict the number of sales in which a User may participate or may win.
GongBid has the right to disqualify a user and/or his winnings if GongBid deems that a particular user or users have used unfair means to win an auction. GongBid shall neither be liable to return any bids, purchased or non-purchased, nor is GongBid liable to reimburse any monies that have been used to purchase bids or products. This is to protect the right of its users and GongBid itself.
You will not hold GongBid responsible for any loss you may incur as a result of GongBid taking any of the actions outlined above.
Purchasing Bids and 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 Packages”) at the currently applicable prices, which can be viewed on the red bid packages panel on www.GongBid.com.
The bids must be paid for in advance. Purchased Bid Packages are non-refundable and hence Users should buy only as many bids as they are willing to spend on the bidding process. Payment can be made by a valid debit card, credit card or via payment agent.
When the bids are purchased and deposited into the User’s GongBid account, a contract for the purchase of the bids is created.
Should a bid payment not be honoured by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by GongBid. GongBid 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. GongBid also reserves the right to temporarily block access to an unverified user accounts that appear to be abusing the spirit of GongBid by purchasing large volumes of bids until identification has been verified.
All types of bids (e.g. “free bids“, “special offers” or "bids purchased in bundles") have a time limit. Upon expiration of the time limit stated, the bids expire and can no longer be used. There will be no refund in this case. The same applies for discount codes which are issued with a time limit. All types of bids expire in 60 days from the date of the purchase or from the date when the bid has been credited on a user's GongBid.com user account. Please check the terms and conditions of each discount code for details.
All credit card purchases will be designated on your statement as either Gongbid or Treefox Media.
Please note that at all times transactions are safe and secure. Gongbid.com uses the latest SSL technology to ensure that your payment details are kept confidential and are accessible to no one other than the authorised parties.
Please also note that we do not hold any of your credit card details nor do we have full access to them.
Bidding and Autobid
For online bidding, either an individual bid can be submitted through the bidding functionality, or the Auto-bid function can be used. Once a bid has been submitted, it is deducted from the User’s account and cannot be retracted.
Non-registered users can only bid in auctions by sending a Short Message Service message (“SMS“) and by texting the corresponding product number. The costs for the bid are invoiced to the User via their mobile telephone operator. The cost of bidding via SMS is clearly stated on the GongBid website. The cost is currently £1.50 per bid plus any operator charges. No data collected by GongBid will be passed on to any third parties.
GongBid cannot accept SMS bids from withheld or hidden mobile numbers. The User must, therefore, disclose his or her phone number to ensure that GongBid can accept the bid and allocate it to their mobile phone number.
The Auto-bid tool allows bidders to bid in a sale even if they are not online at that time. Only registered Users can submit bids automatically with one or more Auto-bids. The Auto-bid automatically submits bids according to the parameters set in advance by the User. The User can read about precisely how the Auto-bid operates in the “FAQ” section. The User is prohibited from using bidding software not authorised by GongBid, and doing so will result in immediate disqualification without refund from GongBid’s sites and services.
The Bidding Process
With each bid submitted, either online or by SMS service, the price of the item on which the User is bidding increases by 1pence.
A bid submitted by the User constitutes an offer from that User to GongBid to conclude a contract to purchase the item. A contract to purchase the item is not completed until the auction is finished and the last/winning bidder has followed all the steps provided to complete the sale. Each new bid starts off a new auction time (“Auction Time” or “Deal Time”) for the product. The Auction Time for each of the auctions is shown on the screen. GongBid reserves the right to change the auction times at any time. GongBid can add or remove products from the GongBid.com website at anytime without notice, including auctions which are already in progress
The auction ends when the auction time has expired. The User who is the last to bid wins the right to buy the product. All other bids on the item expire and will not be refunded.
The last bidder is determined by GongBid’s database. In the event of any dispute occurring, it is GongBid’s decision on who is the last bidder and this shall be final.
We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use all reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the GongBid.com auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem.
Alternatively, GongBid Ltd. has the right to restart all auctions from the beginning, once the technical problem has been rectified.
GongBid Ltd. may attempt to return purchased bids (not free bids) placed on auctions that had to be paused and then restarted from the beginning due to third party technical problem.
Should GongBid Ltd. suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.
Notification, Acceptance and Payment of Won Auctions
When an auction closes, a notification is automatically sent by email to the final bidder. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, GongBid reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via your account.
After the auction has ended, if the last bidder is online (“Winner”), they have access to all of the important sale information such as the total price (sale price plus shipping costs), and payment options on the account page.
The winning User must actively confirm the win by following the steps indicated under their account.
In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 30 days of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning user’s right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund bids once the auction has ended, even if the winner does not exercise their option to purchase.
The winning bidder will also receive a notification of the win by e-mail.
SMS bidders will be notified through text message by GongBid to the same phone number that was displayed during bidding. Upon winning an auction, they have the option to register on GongBid website where they can accept the win. All items are sent once fully paid for and winners information is available to all who request it.
The User must pay the total price (sale price plus shipping and handling costs) no later than 30 working days after the notification of the win is sent. After this deadline has passed, GongBid can set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of bids.
The item is not sent to the User until the total price of the item and any outstanding bid payments due have been paid to GongBid. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price has been paid for in full. GongBid reserves the right to charge the winner reasonable storage charges for items won through GongBid auction but not yet paid for.
Cancellation and Rescission
GongBid 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 cover purchase of audio and video recordings or of software, if and to the extent that the security seal on the delivered media has been broken by the consumer. This does not affect the consumer’s statutory rights.
Purchase contracts with parties who are not retail consumers are treated by GongBid as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by GongBid or required by law).
Cancellation Instructions
You may cancel your contract within two weeks in written form (e.g. letter, fax, e-mail) or by returning the auction 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 cancellation period begins no earlier than when the item and these instructions are received. To meet the cancellation requirements, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following E-mail address.
E-Mail: cancel@GongBid.com
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 the User is unable to return to us the service or product received or is only able to return it in part or in a depreciated condition, the User will have to pay compensation to GongBid, to cover the loss of value, unless the deterioration resulted from unavoidable use or as a result of a manufacturing fault.
In other respects, the User may avoid this duty to pay compensation by not using the item(s) as the User would his own property, and by refraining from any action that would detract from its value. Items that have been delivered via Royal Mail or another carrier should be returned via the same method in the original packaging where possible. . In these cases, return is free of charge for the User. Items that cannot be returned via this method will be collected by GongBid’s agents through co-ordination with the User. The User must pay any compensation as required by depreciation of auction items delivered to the User, within 30 days after sending notice of cancellation.
If the User cancels by the deadline of two weeks, they are not obliged to take delivery of the item. GongBid will refund the purchase price already paid. There is no entitlement to a refund or replacement of the bid(s) used in the auction process.
If the customer decides to cancel after delivery and no misrepresentation has been made about the item by GongBid or any of its partners on GongBid.com, the customer is responsible for the costs of the return shipment if total final auction price (auction closing price including VAT and shipping and handling) of the returned item does not exceed a sum of £40.00, or, if the item price is greater than £40 and the partial or total item price has not been paid by the winning bidder/user.
Should GongBid incur additional costs for insufficient postage on the returned item, or for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above reasonable postal delivery costs, these costs will be deducted from any refund paid to the customer. Sets/boxed items can only be returned in their entirety.
Delivery
Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the User.
Deliveries are made solely within the UK including Northern Ireland (exclusively on the mainland, otherwise only upon inquiry).
As GongBid works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. Obvious damage to the item or packaging during transit should be reported to the carrier by the winning user, if the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 5 days of receipt. GongBid cannot accept responsibility for damaged or faulty goods once 5 days have lapsed. In all cases you must inspect your item either before or immediately after delivery. Failure to raise a query with GongBid concerning, a damaged or incorrect item within 5 days of delivery constitutes acceptance of the item as is. GongBid does not accept liability for damage or failure of products due to neglect or misuse by the recipient.
In the event that GongBid’s delivery partners are not able to deliver the item within a reasonable time, GongBid shall be entitled to offer the winning User a substitute item with comparable or better features, or to set aside the contract through recission and offer a refund of any payments received for the auction item. This does not affect the User’s statutory rights.
Promotions terms and conditions
Please note that unless otherwise stated free bids obtained from any of our promotions can only be claimed by customers who have already purchased bids.
All auctions that are won by using solely free bids will be checked by our fraud department to ensure their legitimacy.
If no purchase of bids was made prior to an auction win Gongbid reserves the right to request further information from the customer to ensure that there is no abuse of any of our promotions.
Offsetting, Withholding Payment and 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 GongBid.
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 GongBid’s property until payment in full of the total price and the bids used in the sales activity. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. GongBid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
Damages, Reimbursement of Expenses and Limits on Liability
Claims for damages by the User against GongBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, GongBid shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the bidder shall have no legal rights over the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of GongBid, its legal representatives, or parties assisting it in performance. This shall also not apply if GongBid expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.
Insofar as GongBid is insured for its liability for any damage, GongBid 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.
Guarantee and Return policy
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 on GongBid.com are provided according to the best of GongBid’s knowledge and belief do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on GongBid.com may differ from those actually supplied.
In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to GongBid the item already delivered within 30 days at GongBid’s expense. GongBid reserves the right to assert damages under the conditions set down by law.
The User has the right to return a faulty item within a reasonable period of time. The User must keep all the manufacturer’s warranty information that accompanies the item as this may be needed should there be a fault. In the unlikely event that you have a faulty item, the User may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem.
If the User chooses to return the item to us, please email to our Returns Support Centre (within 30 days of receipt) cancel@GongBid.com
If you find that GongBid has sent you an incorrect item, please contact us at cancel@GongBid.com. A GongBid representative will then contact you with instructions on how to return the item. If the instructions provided by GongBid are followed there will be no charge for the return. GongBid will send the User the replacement as soon as the original item is received by GongBid.
The User must return the original item to GongBid.com within 30 days of our email confirming the issue of the replacement item. In case of delays GongBid holds the right to cancel the issue of replacement.
