You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy which include those terms and conditions expressly set out below.
Your participation in and use of this auction site is subject to the following terms and conditions.
Please note: Participation in auctions held on this site is only open to persons aged 18 years and over.
The terms and conditions set out below form the basis of the binding legal agreement between Juicy Auctions and you, the Bidder, and sets out the terms and conditions governing your participation in Juicy Auctions on this site.
These terms and conditions (and any amendments thereto from time to time) set out the entire agreement between Juicy Auctions and the Bidder to the exclusion of all other terms, representations or arrangements whatsoever.
Please read the terms carefully. By registering with Juicy Auctions you agree to become a potential Bidder and accept the terms and conditions set out below. You will be deemed to have accepted these terms on every subsequent occasion on which you use the Juicy Auctions site. If you do not agree with the terms and conditions then you should not accept them or continue to use the site.
Juicy Auctions is entitled to change these terms and conditions at its discretion. The new terms and conditions will govern all Juicy Auctions that commence after the time when they are published on the site.
Juicy Auctions will bring new terms and conditions to the attention of Bidders by referring to them on the screen first accessed by Bidders when they visit the site. As the terms and conditions may change from time to time, the Bidder should update their knowledge of the terms regularly.
Juicy Auctions organises auctions for products and services where confidential bids for products are received via the site.
1. Definitions
"Agreement" means the terms and conditions contained in this agreement and Juicy Auctions Privacy Policy.
"Auction Variables" means the Required Bids, Maximum Bid, Maximum Number of Bids, Start Date, End Date where and if applicable.
"Juicy Auctions" means the specific auction format described in this Agreement.
"Bid" means an offer by a specific Bidder to pay a specific Bid Amount for a product or service in a Juicy Auction that is accepted by Juicy Auctions.
"Member" means a natural person or legal entity who is not under any legal disability to enter into a legally binding contract.
"Bidder" means a Member who has placed a specific Bid Amount for a product or service in a Juicy Auction that is accepted by Juicy Auctions.
"Bid Amount" means the value in Australian Dollars bid for a particular item in a Juicy Auctions.
"Bid Increment" means the amount that is permitted by Juicy Auctions to separate possible Bid Amounts where and if applicable.
"Item" means one unit/package of a particular product/service on offer for a specific Juicy Auctions.
"Quantity Available" means the number of items that are available in a specific Juicy Auctions.
"Start Date" means the date on which Juicy Auctions will commence to accept bids in respect of a nominated Juicy Auctions.
"Unique Bid" means a bid that is different from any other bid amount for that specific auction.
2. The Concept
For each particular Juicy Auctions, Juicy Auctions will determine the following:
The product /service for sale by auction.
The required number of bids for the auction.
If applicable Juicy Auctions may specify the following:
A Bid Limit for a particular Juicy Auctions auction; and the Quantity Available.
3. Making a Bid
The success of such a concept relies on fair and honest participation by Bidders. A Bidder must not in any circumstances disclose details of their Bid to any other person before the Closing Date. In particular, a Bidder must not collude or enter into any arrangement of any sort with any other Bidder(s).
In order to make a Bid, a Bidder must be aged 18 or over and entry of a Bid is on the basis that you are aged 18 or over, and are a current Member of Juicy Auctions.
. Approved credit/debit card payments through Paypal for the purchase of the product or service are automatically recorded as received payments once payment has been confirmed through our payment gateway.
Juicy Auctions reserves the right to cancel any Bid under any one or more of the following circumstances:
The Bidder provides any false, misleading or invalid information of any kind when registering or when placing a bid.
A fraudulent credit card is used to purchase the goods or services on Juicy Auctions.
The bank or other credit institution reverses the credit card transaction for the purchase of the goods or services on Juicy Auctions.
A Member co-operates in any way with another Member when placing a Bid.
Any other breach of this agreement.
Juicy Auctions reserves the right to cancel any Bid under any one or more of the following circumstances:
If the Required Number of Bids has not been reached and the auction cancelled.
Juicy Auctions shall not be liable for any causes preventing the receipt of bids for any reason, including but not limited to failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever.
4. The Bid Process
Juicy Auctions Member may select to place a bid on any of the Auctions in process by clicking the “Bid Now” button on the Auction lot.
By placing a bid, the Member acknowledges that he or she are aware of the Auction variables and Juicy Auctions Terms and Conditions and Privacy Policy.
The Bid Amount is the value of the bid that the Member submits and this amount is only payable after the conclusion of the relevant Auction by the Successful Bidder.
5. Determinations of the Successful Bidder
The Member that places the Highest Bid is determined the Successful Bidder for that particular Juicy Auctions Item thereby having the right to purchase the particular product or service for the amount of the Highest Bid.
Should the Successful Bidder fail to pay for the product /service within 7 days of the Closing Date then the right to purchase the product or service will be forfeited.
6. Payment of the Processing Charge
The Member warrants that he/she is the owner of the credit/debit card and is authorised to make use of it for the purposes purchasing Credits for participating in Juicy Auctions.
Juicy Auctions uses one or more third-party payment service providers for the acceptance of payments for Juicy Auctions. While Juicy Auctions has endeavoured to ensure that due care is exercised in handling credit/debit card information, including the use of Secure Sockets Layer (SSL) for the transmission of sensitive information over the Internet and industry standard encryption for the storage of sensitive information as well as password / firewall access controls to this information, Juicy Auctions will not be liable for any compromise or misuse of this information.
7. Payment of the Goods or Service
Juicy Auctions will not make any cash refunds under any circumstances.
8. Delivery of Products/Services
The delivery of the product and/or the service to the Successful Bidder is subject to payment in full of the Successful Highest Bid by the Successful Bidder.
Any transfer and/or delivery costs which are payable in addition to the successful Bid will be stated in the particulars of the relevant Juicy Auctions, and must be paid by the Successful Bidder.
It should be understood that Juicy Auctions is not the supplier of the products/services, and that the products/services may be supplied to Successful Bidders directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this agreement.
Guarantees for products /services will only be provided as stated in the auction description for each particular Juicy Auction (no mention of a guarantee will imply no particular guarantee). Your statutory rights are unaffected.
Except to the extent that is required by law, Juicy Auctions is not responsible for the quality of the product, its fitness for purpose, its faults and/or unsuitability causing loss or damage to the user.
9. Data Protection and Privacy
Juicy Auctions acknowledges its duties under the Data Protection Act 1998 as a data controller.
Juicy Auctions will not sell personal Bidder information to any third-party, or use that information other than for the performance of this agreement without the express consent of the Bidder.
Juicy Auctions may however, disclose such personal information without consent if required to do so by law, or in response to a valid request from a law enforcement or governmental authority.
For further information in relation to personal information we hold about you please see separate privacy policy.
10. Publicity
Juicy Auctions may, at its sole discretion, release any information concerning the status of a Juicy Auction during the course of an auction.
Each Member acknowledges that, if he/she becomes the Successful High Bidder, Juicy Auctions will be permitted to publicise his/her username, and location (not their personal address), Bid, and the product /service , which was the subject of the relevant Juicy Auctions.
Juicy Auctions may, at its discretion but is not obliged to, make the Bid of each individual Bidder, or any other information relating to a particular Juicy Auctions, publicly available after the Closing Date.
11. Liability
Juicy Auctions shall not be liable for any failure to perform its obligations under this agreement caused by matters beyond its reasonable control.
Juicy Auctions shall not be liable to any Bidder or Successful High Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this agreement or otherwise).
Nothing in this agreement limits Juicy Auctions liability for death or personal injury resulting from Juicy Auctions negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
Juicy Auctions excludes all and any liability whatsoever for any third-party advertising which may appear on this site or with respect to the contents of any third-party controlled website which may be accessed by means of any link from this site and gives no warranty or representation that any such links are virus-free or that the contents of any third-party website are accurate, complete, accessible in whole or in part or are fit for any particular purpose.
12. Severance
If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
If any provision of this agreement is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable. |