1.1 Our website facilitates a convenient way to facilitate the transportation of goods and is operated by Bidanddeliver Ltd. We provide an online facility vehicle through which users can enter into agreements with each other for the transportation of goods ('the Services'). It is important that you read and understand these terms before using the Services. By accessing or using the Services you agree to be legally bound by these terms, as they may be modified from time to time. We reserve the right to change these terms at any time.
1.2 In these terms “we”, “us”, “our” means Bidanddeliver Ltd, “End User” means person requiring the transportation of the goods and “Provider of Services” means the person providing the transportation services and “Members” shall mean any End Users and Providers of Service registered on our website from time to time.
1.3 We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular Transaction will apply until that Transaction is completed.
2.1 Our site is a place for End Users and Providers of Services to meet and enter into commercial agreements for the transportation of goods (“Transaction”). We do not have and never intend to have any contractual involvement in Member’s transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the potential Transactions displayed on our site. Any disputes between Members are just that - we will not become involved. It is therefore the Member’s responsibility to take the utmost care to screen the parties with whom they deal. We will not screen the parties or transactions on your behalf and this is a feature of the relationship between you and us that you willingly accept.
3.1 Members are required to register with us by completing the registration form on our home page and submitting it to us and we will send a login link to the email provided. Only adults (i.e. those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
4.1 Each Member grants us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information provided by them to us or other Members, for example, during the registration, listing or completion of the Transaction process.
4.2 Such information shall be legal and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information provided by Members shall be accurate and complete.
5.1 Members are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to them for use on our site. Members may not share these with or transfer them to any third parties. Members must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
5.2 We use third party services to secure and protect your credit card information and assist Members in entering into Transactions. However, any losses incurred or sustained by Members in transmitting information shall be borne solely and exclusively by Members and in no event shall any such losses in whole or in part be borne by us save where such loss is due to our negligence or that of our employees or officers.
6.1 While we will use all reasonable endeavour to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or Transaction.
7.1 To use and rely on the Services we provide all Members must understand their obligations to each other. Where a Provider of Services is the winning bidder after an auction has closed and the End User accepts that bid, a legally binding contract has been made in respect of the Transaction.
7.2 Providers of Services may not retract a bid except in exceptional circumstances, for example where the End User has materially changed the description of the proposed Transaction.
7.3 The placing of a bid entitles us and any End User to rely on such bid and as a result you warrant and undertake that you have the legal right and entitlement to make such a bid and to enter into any such Transaction.
7.4 Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and - 1969 are held at our place of business.
8.1 In relation to all goods End Users offer for transportation using the Services:
8.1.1 the End User must have all legal rights and entitlements to enter into any Transaction; and
8.1.2 the End User warrants and represents that the goods subject of the Transaction may at all times be lawfully transported.
8.2 If an End User, any information relating to the goods to be transported must be complete and accurate in all respects with appropriate descriptions and provide such additional information as we or any other Member may reasonably request (together, 'the Listing Information'). Once you post the Listing Information, the item becomes 'a Listed Item'.
8.3 Free to end users with no obligation to accept any bids, but the delisting of an item may incur a fee as expressed in 8.4.
8.4 A Listed Item will remain listed on the website until:
8.4.1 the Transaction completes; or
8.4.2 the End User - specified listed time expires; or
8.4.3 The end user deletes their own item listing from the "My Account" section.
8.5 An End User must not contact any Provider of Services directly in a proposed Transaction relating to Listed Items whether offered by that or any other End User.
8.6 End Users must not directly or indirectly manipulate bidding in any way.
9.1 At the time the Transaction completes End User shall make a payment to us (which shall be subject to a minimum payment of £5.00) at the following rates, this amount will be deducted from the total bid and the end user will pay the balance directly to the supplier of service.
9.1.1 Any part of the bid up to £500, 8.5% of the total amount;
9.1.2 Any part of the bid between £500.01 and £1000, 5% of such amount; and
9.13 Any part of the bid in excess of £1000, 3.5% of such amount.
9.2 Payments shall be received in the currency specified on the website and all prices are inclusive of VAT, and other applicable taxes, delivery charges and insurance. The end user’s obligation to pay the Fee is not dependent of the provision of the agreed transport services, the obligation to pay the Fee therefore still applies if a Bid is accepted via the Site but is not subsequently carried out and/or the transaction is terminated for any other reason. We may voluntarily waive our right to receive a Fee in certain circumstances, but any such waiver is entirely discretionary and without accepting any legal obligation to do so. Any fee waivered will not include any charges levied by third party Company’s or any charges incurred by us.
9.3 Some Transactions may involve a Provider of Services shipping items to third parties located outside the United Kingdom or outside the territory in which the Provider of Service resides. All Members must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
9.4 We make no representation and accept no liability whatsoever to any Member in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
10.1 We take privacy issues seriously. Our current privacy policy covers our use of any information provided to us by Members. In using our Services Members acknowledge and agree to be bound by the terms of our privacy policy
11.1 Where a Member:
11.1.1 acts inconsistently and in breach of these terms and conditions; or
11.1.2 at any time violate or attempt to violate any rights of any other Member of the Services or third party; or
11.1.3 is engaged in any fraudulent activity; or
11.1.4 fail to make any payments due to us in accordance with these terms,
such Members may be refused access either permanently or for a period of suspension to the Services. Such expulsions or suspensions shall be within our sole discretion.
11.2 Members may appeal against any expulsion or suspension by submitting an appeal by way of a written statement giving reasons why such Member should be reinstated. Upon consideration of the written statements, reinstatements shall be at our entire discretion and our decision in this regard shall be binding.
12.1 Members agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
13.1 As discussed, we act merely as an introductory service providing a forum allowing Members to come together with a view to entering into Transactions
13.2 We have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a Provider of Services may rely, the accuracy of any of the listings and the capacity of any Member to transact.
13.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the proposed Transaction and, as a result, you must proceed with care and judgment when using the Services.
13.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another Member and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
13.5 Your acceptance of these terms and conditions also acts as a general release of (name of operator) and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
13.6 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of (name of operator) howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
13.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
14.1 Bidanddeliver Ltd is the proprietor of the Bid and Deliver trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights.
14.2 Members shall at all times keep confidential any and all information they may receive whether directly or indirectly about us and our business including (but not limited to) business practices, and strategies, marketing information, financial information and our procedures and shall immediately upon request from us hand over all such confidential information in whatever medium it may be.
15.1 Except as otherwise stated, any notices you wish to send to us should be e-mailed to customerservices@bidanddeliver.com. Any notices that we may wish to draw to your attention will be displayed on our website.
16.1 Each and every transaction carried out on or as a result of the Services is deemed to be completed within England and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
17.1 We will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18.1 If any part of these terms is deemed unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
19.1 This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.