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2. Acceptance of Terms by use
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By using www.lewinauctions.comwebsite,
registering or placing a bid online or by GSM message, where ever available, the
user accepts the following General Terms and Conditions, as well as the manner in
which Lewin Auctions Limited auctions operate, as described on the website
www.lewinauctions.com. If you do not agree
to this agreement please do not use this site and do not register as a Member and
do not place any Bids and do not click "I Agree". Variations or alterations in the
following Terms and Conditions shall only be binding upon the company if agreed
to in advance in writing. By placing a Bid on the Company’s website the User declares
that he/she is legally capable of entering into binding contracts and that they
are at least 18 years old.
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3. Registering as a Member
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1. Before being eligible to participate in an Auction each user must register as
a Member of the site and agree to the terms of this Users Agreement.
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2. The User must be minimum 18 years old to register and bid on any Auction. Each
person may only open one Membership account using their postal address. Mail Box
addresses will not be accepted. If it is determined that the same user has registered
with multiple identities, the Company may at its sole discretion cancel that users
Bids in all Free and Bonus Auctions. The registration is open only for individuals,
i.e. groups or companies are not permitted to become Members. User will register
on Company’s website and set up a User Profile. User agrees to use a non offensive
or misleading user name and refrains from using fictitious information. User will
also select a password which the User agrees to keep secret. The user account may
be used only by the User and not by anyone else. Any abuse of the user account shall
result in the disqualification of the user and the reporting of a crime. 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. All user information will be held in strictest confidence
in conjunction with the sites privacy policy. Lewin Auctions Limited DOES NOT SHARE
ANY USER INFORMATION with affiliates or outside sources, other than those that are
required to conduct the Auction and process payments as defined herein this Users
Agreement. If the User’s Bid is selected as the Winning Bid user authorizes Lewin
Auctions Limited to post certain information from their Member profile on the web
site in accordance with the Company's privacy policy. Employees of the Company,
their immediate family members, subsidiaries of the Company, and affiliates with
access to bidding data may not become Members nor participate in any Auctions.
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3. The Company reserves the right to temporarily or permanently disqualify a user,
or disable their account at any time, and at its sole discretion. Users will be
disqualified when in the reasonable opinion of the Company a member has violated
any laws or the rights of third parties. A user will be disqualified if such action
will protect the rights of other users, or to prevent unauthorized manipulation
or use of the Company’s website. Examples of such unauthorized usage include (but
are not limited to) non-payment of bids, use of unauthorized third-party bidding
software or set up of multiple user accounts by the same individual. In case of
a breach of these Terms, the Company reserves the right to withhold deliveries or
refunds for bids. Furthermore, the Company reserves the right to limit the number
of auctions a User may participate in or the number of his successfully finished
auctions at its sole discretion.
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The Company reserves the right to terminate a User's use of the site at anytime
without notice and may do so for any breach of this agreement or the instructions
on this site by the User. Please check this agreement periodically for changes as
the Company reserves the right to revise this agreement and your continued use of
this site following the posting of any changes to this agreement constitutes acceptance
of such changes.
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4. Members are required to maintain accurate information in their Member profile.
If inaccurate information or invalid billing information is submitted the Participant's
Bid(s) may be cancelled.
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5. If the Member’s account remains inactive for more than 1 year from the last transaction,
the Company reserves the right to remove such account from the system.
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6. The Membership account is not transferrable. |
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4.Terms used
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Lot Number: Each Product has been assigned a “Lot Number”. Each Auction “Lot
Number” signifies one single auction independent of all others for one item and/or
product only.
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Retail Price Up to: The Company will determine the current approximate retail
price by performing a price search and comparison, or uses maximum MSRP.
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Minimum Number of Bids: is the least number of Bids that must be received
in order for an Auction to be eligible to close. The Minimum Number of Bids to close
an Auction will be determined by the Company prior to opening the Auction and is
strictly confidential. The Company reserves the right to change the Minimum Number
of Bids to close an Auction at any time.
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Price of a Bid: The Company will determine before each Auction the Bid Price
for each Auction
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Maximum number of Bids: The Company will determine before each Auction the
Maximum Number of Bids that will be accepted for the Auction. Once established the
Maximum Number of Bids for an Auction may not be raised.
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Entry Fee: Flat fee charged in order to be eligible to participate in a Highest
Bid Auction only.
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Reserve: Minimum Bid amount which has to be reached for the Auction to close.
If this minimum is not met, the Auction will be extended or canceled according to
the rules set forth and all Bids and Entry fees will be refunded to Participants’
accounts
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Blind Auction: Auction where bidders do not see bids made by others, in this
case Lowest Unique Bid Auction and The Highest Bid Auction are blind auctions.
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5. Purchasing Bids for Online Bidding / Payment / Free Bids
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1. Any valid Member has the right to submit a Bid and/or Bids in any Open Auction.
There is no limit to the number of bids a Participant can submit in an Open Auction
as long as the required Bidding Fees are paid for each Bid with the exception of
the Highest Bid Auction, where One Bid only per member is accepted, with the exception
of when the Highest bid Auction is run as a Traditional Auction where the highest
bid is displayed.
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2. The Member agrees to pay the required Bidding Fees for every Bid they place in
an Auction.
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3. Bidding rights, or “bids”, must be purchased and paid for by Users prior to online
bidding. Bids can be purchased in packages (so-called “Bid Bundles”) at the currently
applicable prices, which are listed in “My Account” under “Buy Online Bids”. Payment
can be made by credit/debit card or via payment agents such as PayPal and ClickandBuy.
Unused Bids on the User’s account are non-refundable.
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4. Participants who submit credit card information certify that:
a. the credit card information supplied is true, correct and complete,
b. the charges incurred will be honored by the credit card company, and
c. Participant will pay such charges when due.
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5. Should a payment not be honored by a User, a returned payment fee of Equivalent
to GBP30.00 will be charged by the Company plus any other fees charged by the payment
agent or bank. The user will be responsible for these fees. The Company reserves
the right to block access to the User’s 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 is received in full.
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6. Members may submit Bids through the Company's Internet web site
www.lewinauctions.com .The Company reserves
the right to define additional Bid submission methods. The Company may also, at
its sole discretion, terminate a specific method and/or methods of submitting Bids
with or without notice.
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7. Members can earn Free Bids for Referring new Members. The number of free bids
per new Member will be determined by the Company and may change periodically. Any
such changes will appear on Home Page “News” and the “My Account” area.
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8. If an Auction is cancelled for any reason, as defined in this agreement, the
Member’s account will be credited with the appropriate quantity of Bid credits.
All Bid Fees used to participate in Auctions closed early will be credited back
to User’s Membership Account and may be used on any future Auction.
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6. Cost of Bid Fees & Placing Bids
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Bid Fees are charged for the right to place a single Bid in an Auction. The price
of a Bid is stated in connection with each Lot Number. The " Lot" price is set by
the Company for that particular Auction in advance. Each Bid placed by the Participant
will be the Bid Fee stated in that particular Auction, e.g.if the Participant places
4 Bids and the Bid Fee is £1.00 the amount deducted from the Participant’s account
will be £4.00. The company will determine in advance the Bid Fees that must be paid
by a Participant in order to participate in an Auction and the company may at its
sole discretion determine the Bid Fees required. Bid Fees vary depending on an Auction.
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The Bid Fees required for every Bid will be clearly posted for each Auction and
will not be adjusted during an ongoing Auction. Once Bids are placed by a Participant
they cannot be canceled and must be paid even if the Participant's Bid(s) is not
selected as the Successful Bid in the specified Auction.
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All Accepted Bids will be confirmed with a Confirmation E-mail, receive a Bid number
and the total Bid Fees will be deducted automatically from the Participant’s account,
with the exception of Live Auction Bids not meeting the requirements of acceptance
will not be accepted and the Participant will not be charged a Bid fee for that
particular Bid and that Bid will not be considered as Participant’s Bid in that
particular Auction. The Company is not obligated to receive or accept any Bids from
any person(s) and/or third party who wish to place a Bid in an Auction.
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Participants may place Bids and will be charged Bid Fees for every Bid submitted
until the requirements to close an Auction have been met. When an Auction closes
the Winning Bidder will be determined. The Winning Bidder is given the right to
purchase the product and/or service at the price defined by their Winning Bid. The
Winning Bidder will be announced within 48hours of the end of the Auction on Company’s
website and an Email notification with an invoice is sent. If the Winning Bidder
fails to pay the invoice amount within 14 days, as defined in this Users Agreement,
they will forfeit the right to purchase the product and/or service. The next Winning
Bidder will be given the right to purchase the product and/or service at the price
defined by their Winning Bid.
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Participants have the right to cancel their purchase of a product and/or service
if their Bid is chosen as the Winning Bid. If a Participant chooses to cancel their
right to purchase a product and/or service they must do so in writing by email and
may request for a refund for the Bid Fees for their Winning Bid. Other Bid Fees
will not be refunded. The next Winning Bidder will be given the right to purchase
the product and/or service at the price defined by their Winning Bid.
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Certain Bids (e.g. some "Free or Bonus Bids") are valid only for a limited time.
Upon expiration of the time stated, the bids expire and can no longer be placed.
Refunds are not available for expired bids.
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The Maximum Number of Bids for an Auction, determined by the Company in advance,
may not be exceeded under any circumstances. If the Maximum Number of Bids for an
Auction is received while a Participant is in the process of Bidding and/or the
Auction becomes a Closed Auction, a Subsequent Auction may be started. If a Subsequent
Auction is not started the excess Bids will be credited back to the Participant’s
account. The Company retains the right to cancel a Bid pursuant to the terms in
this Users Agreement.
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7. How the auctions work
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User purchases bids in advance and bids are deducted from the User’s
account as he/she places bids. This is to facilitate the process and placing multiple
bids. There will be no refund for bids purchased
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User chooses the Auction type and Auction Item they wish to place
bids on.
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Live Auction – the goal is to be the last bidder before the count down clock
reaches 0. For each bid the count down clock adds a certain amount of seconds, 20,
30, 40 or 60 depending on the auction. Whoever is the last bidder when the clock
reaches 0 is the Winning Bidder. Bids are entered automatically by pressing bid
button online (or by mobile phone text message, where available) and cannot be canceled.
One Bid Fee is charged for each bid entered, i.e. if the Participant places10 Bids
by clicking on BID button and the Bid Fee is £1.00 the total amount deducted from
the Participant’s account is £10.00. Bid Fees cannot be canceled once Bids have
been made. At the end of the Auction time, the Participant who has made the last
bid will be the Winning Bidder and has the opportunity to purchase the item for
the price of the bid or predetermined fixed price
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Lowest Unique Bid Auction: The goal is to pick a number (representing USD,
GBP or EUR) which will be the lowest unique number at the end of the End of the
Auction. For example: If there are 4 bids for 1, 5 bids for 2, 1 bid for 3, 5 bids
for 4 and 1 bid for 5, 4 bids for 6, therefore 3 is the Lowest Unique Bid. 5 is
also unique but not the lowest. User will be notified immediately of the status
of their bid, where it be at the moment the lowest unique bid, not unique or unique
but not the lowest. This will give the Participant an opportunity to make another
bid if they wish. If another bid is entered and Participant’s bid is no longer unique,
the Participant will be notified by email accordingly. Every Accepted Bid will be
assigned a Bid Confirmation Number when confirmed. The Participant will be sent
a Confirmation E-mail with their Bid numbers, which will be sent to the e-mail address
in the Members profile. The Participant has 24 hours from the time the Confirmation
E-mail is sent to verify the validity and correctness of the Bids and dispute any
discrepancies. After the 24 hour verification period, the Bid will be considered
a valid submission of a Bid and acceptance of the conditions set forth in this Users
Agreement and the Member that submitted the Bid will be considered a Participant
in the Auction in which they submitted the Bid(s) and Bids cannot be canceled. Bids
cannot be disputed within 24hours of the closing time of the Auction. At the end
of the Auction time, the Participant who has made a bid which is the lowest and
unique will have the opportunity to purchase the item for the price of the lowest
unique bid.
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The Highest Bid Auction In this auction the Participant bids the highest
amount he/she is willing to pay for the item/service being auctioned. This can be
conducted as a blind auction, in other words, no one will be able to see the Bids
of other Participants or as a Traditional Auction where the highest bid is displayed.
A low non-refundable Entry Fee will be charged to participate. There usually is
a reserve predetermined by the Company, which must be met for the item to be sold,
and if the reserve is not met all bids and entry fees will be refunded. The one
who has bid the highest amount will have a chance to purchase the item/service for
the price of the Bid.
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All bids are kept strictly confidential (except in Live Auction) and are only visible
to the Auction Auditor while the Auction is Open.
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All Auctions are under the supervision of the Auctioneer.
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8. Closing of Auction
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Each Auction will close when it meets the closing requirements as described in this
Users Agreement. After the Auction closes, the Participant that submitted the Winning
Bid is determined.
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Requirements for Closing an Auction
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1. Live auction
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An auction will become a Closed Auction any time between the time when the Minimum
number of Bids for an Auction to close has been received and the count down clock
reaches zero, and when the Maximum number of bids has been received and the count
down clock reaches zero. The company may, at its sole discretion, identify an Auction
in which the Minimum Number of Bids to close has been met and/or set a date and
time when the Auction will close.
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2. Lowest Unique Bid Auction & The Highest Bid Auction
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An Auction will become a Closed Auction once the Maximum Number of Bids have been
accepted or at any time the Company elects as long as the Minimum Number of Bids
for an Auction to close has been received. The company may, at its sole discretion,
identify an Auction in which the Minimum Number of Bids to close has been met and/or
set a date and time when the Auction will close or post the number of bids remaining
in an Auction.
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Once an Auction closes the Winning Bidder will be determined and all Bid payments
will be verified. Any unqualified or unaccepted Bids will be disqualified.
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A Winning Bid is:
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A) Live Auction: The Successful Bid is the last bid entered
before the countdown clock reaches zero.
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B) The Successful Bid in the Lowest Unique Bid Auction is the Lowest
Unique Bid offered for the item out of all Bids received for the Auction. A unique
Bid is a Bid that is not identical to any other Bid submitted in that Auction. Should
there be no Unique Bid in the Auction for a particular Lot, the Company will determine
the Lowest Bid as being the First Bid on the Lowest Number with the Lowest Amount
of Bids.
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C) The Winning Bid in the Highest Bid Auction is the highest bid
offered for an item by a Participant. Should there be more than one Bid for the
same amount in blind auction, the Company shall determine that the Participant who
was the First Bidder of said amount will be the Winning Bidder.
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Once identified, the Winning Bidder in an Auction is extended an offer to purchase
the product and/or service for the Winning Bid amount submitted by them in that
Auction (or in some Auctions for the Predetermined Fixed Price), as described herein
this Users Agreement.
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After the Auction is Closed the Winning Bid will be determined
within 72 hours by and the Company will publicize on its web site and/or via alternate
methods, as deemed appropriate by the Company, the Winning Bid for the Auction and
any other details or information the Company deems appropriate including the Participants
first name, user name or surname and place and country of residence. The Winning
Bidder may submit to the Company, and release the rights for use, a picture or digital
image showing them with the product and/or service purchased in the Auction, which
the Company may publicize as described above.
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A notification by email is sent within 48 hours to the Winning Bidder. If the company
is unable to contact the Winning Bidder via e-mail within 5 business days, the Company
may at its sole discretion and has the right to notify Winning Bidders via telephone,
standard mail or any other means that it deems necessary and appropriate. SMS bidders
will be notified through text message by Lewin Auctions to the same phone number
that was displayed during bidding. Upon winning an auction, they have the option
to register on Lewin Auctions website where they can accept the win.
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The Company will bill the Winning Bidder by emailing an invoice for the amount due,
which will include possible Delivery fees, which are stated in the Details of the
Auction. Domestic sales tax (VAT) is paid by the Company, however possible Customs
fees and import duty/tax are the responsibility of the Participant. The invoice
can be paid by Credit Card, PayPal or ClickandPay. The Company reserves the right
to request additional payment verification methods such as the signature of the
Winning Bidder on a credit card payment slip, delivery slip, and/or via other methods.
The transaction will be considered complete when the Company has received full payment
for the invoice.
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If the payment for the invoice is not received within 14 days, the opportunity to
purchase the item/service will be passed to the Second Place Participant as determined
by the Company. The Participant has the right to decline to purchase the item, and
must do so by informing the Company by email at which time the Bid Fees will be
refunded to the Participant’s account.
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If a Participant, whose Bid was chosen as the Winning Bid in a particular Auction,
fails to pay or honor the required Bidding Fees for ALL Bids placed by them, the
Company reserves the right to cancel their Bid and either, award the Winning Bid
to the next highest unique Bid for that Auction, or the company may re-offer the
forfeited products and/or services in a new Unique Auction, at its sole discretion.
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9. Auction duration and conditions for cancellation
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Once opened, an Auction will remain an Open Auction for a pre-defined period of
1-60 days from the time the Auction is opened or until the Maximum Number of Bids
for the Auction is reached or the Auction meets the other requirements to close
as stated herein this Users Agreement. The Live Auctions is an exception as the
Auction takes place in a very short time period. In Live Auction the bidding starts
within the last hour and ends when the Minimum Bids are met and the count down clock
reaches zero or when the Maximum Bids are met.
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After the Auction period is reached, if the Minimum Number of Bids has not been
accepted, the Company may at its sole discretion cancel the Auction, or lengthen
the Auction period for additional periods of 7 days or until the Minimum Number
of Bids to close an Auction has been met. At such time the Company will post a closing
date for the Auction that will not exceed seven (7) days in length.
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The Company is entitled to cancel or delay an Auction, in the event of extraordinary
circumstances not within the control of the Company, which may cause delay or prevent
the proper process of the Auction. |
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The Company has the right to cancel an Auction and/or a Bid, if the Company suspects
that the Bid was not submitted in good faith and/or with intention to deceive and/or
in any case where the Company suspects ill and/or illegal use of a credit card.
In no event shall the Company be held responsible for any purchases made with illegal
use of a credit card.
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If an Auction is cancelled, the Company will refund the Bid Fees to the Participants’
account within 30 days from the date the Auction was cancelled, and this will be
the Participants only claim against the Company.
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10. Delivery of items/services
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The delivery and/or supply of a product and/or service offered in an Auction is
dependent on all conditions as stated in this Users Agreement being met. Delivery
and/or supply of the product and/or service to the Winning Bidder will not take
place until the entire amount of the invoice has been paid in full.
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The Company will ship or deliver the product and/or service, a certificate or other
means of entitlement that allows the Winning Bidder to receive the offered product
and/or service via methods described in this Users Agreement within thirty (30)
business days, from the day that Winning Bidder meets the requirements for product
delivery as described in this Users Agreement, unless otherwise stated by the Company,
to the address contained in the Winning Bidders Member profile at the time the Bid
was submitted and accepted by the Company. Under no circumstances will the product/service
purchased be shipped to an alternate address.
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The Company will determine the method of delivery at its sole discretion and such
delivery shall completely fulfill the Company's obligation to supply the product
and/or service to the Winning Bidder.
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The Winning Bidder may not make any claim nor file any complaint against the Company
with regards to not receiving a product and/or service offered in an Auction, because
of, but not limited to, a change of shipping address as submitted by the Winning
Bidder and/or by providing an incorrect and/or inaccurate address. The Winning Bidder
authorizes the Company to extend the delivery date for any reason that is outside
of the Company's control or responsibility and/or for any reason that relates to
third parties including suppliers and delivery agents.
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The Winning Bidder may be obligated to produce two forms of personal identification,
one of which must include a photo, (such as a state driver's license, passport,
credit card, etc.) which correspond to the Winning Bidders personal information,
as submitted in their Member profile at the time of the placement of the Winning
Bid, to verify their identity. If the Winning Bidder does not or refuses to provide
this information, the Company and its delivery agents will not be required to release
and/or supply to the Winning Bidder the product and/or service until such information
is provided.
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Shipping and/or delivery fees will be paid by the Company unless otherwise stated
in the Auction or negotiated. Domestic sales tax (VAT) is paid by the Company however;
possible Customs fees and import duty/tax are the responsibility of the Participant.
Obvious damage to the item or packaging during transit should be reported to the
carrier by the winning user upon taking delivery.
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The distributors and/or manufacturers and/or importers and/or providers of the products
and/or services offered in an Auction will distribute the product and/or service
offered in the Auction to the Winning Bidder as directed by the Company. The Company
does not store any items at their premises.
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Should the Company not be able to deliver the item ordered, the Company shall be
entitled to substitute the item with a comparable replacement product with the same
or better features, or provide a refund if this is the Participant’s preference.
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11. Inconsistencies in product description
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The Company will not be held responsible for nonessential differences between the
descriptions publicized by the Company in an Auction and the actual products and/or
services that are provided. In the event of a discrepancy between the description
of the product and/or service and that, which is provided by the manufacturer and/or
service provider, the manufacturers and/or service provider's description will be
binding. For this matter, the term "nonessential differences" refers to inconsistencies
that do not change the general purpose of the product and/or service. If the description
of a specific product and/or service differs essentially from the actual product
and/or service delivered, the Winning Bidder, will have the right to;
a. accept the product and/or service as is; or
b. cancel the Winning Bid and receive a refund of all fees and payments that were
billed for that Unique Auction and this will be the sole claim of the Participant
against the Company.
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12. Warranties and Service Contracts
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All items are new and in original manufacturer’s package. All product and/or service
warrantees will be provided (if provided) by the actual distributors and/or manufactures
of the products and/or provider of services. No claims may be made against the Company
for defective products and or services. An extended Service Contract may be available
for additional fee (payable by the Winning Bidder) on some electronics, cameras,
TV’s and etc. The Winning Bidder will be informed of these options, if and when
available, in the invoice.
The Company makes no representations or warranties as to any of the products and/or
services provided in the Auction and no claims may be made against the Company based
upon the products and/or services provided.
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13.Other Inconsistencies
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In any event where a Participant or Member claims that there is an inconsistency
between the submitted Bid and the Bid as accepted by the Company, the details of
the Bid as accepted by the Company in the Confirmation E-mail will be binding, unless
properly acted on pursuant to terms of this Users Agreement. In such a case, the
Participant will not have any cause to claim that their Bid should have been chosen
as the Winning Bid for a specific Auction and the Company will not be held responsible
for any such inconsistencies.
Failure to notify the Company pursuant to the terms herein this Users Agreement,
of any inconsistencies regarding a Participant's Bid by within 72 hours from the
time the Auction becomes a closed auction shall constitute acceptance of the outcome
of the Auction by the Participant.
The Company is not responsible for the inability to place a Bid for any reason including
the inability to access the web site, and/or any other technical difficulties of
any kind.
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14. Bid Cancellation and Refund Policy
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a. No Bidding Fees will be refunded once an Auction closes and the Winning Bid is
announced. Under special and uncontrollable circumstances and/or for cases of fraud,
the company may, at its sole discretion, take into consideration requests for Bid
cancellations and refunds made after the cancellation period has expired. Special
requests for bid cancellations must be submitted to the Company in writing by email
and clearly describe the conditions warranting such cancellation and refund. If
the company accepts a cancellation request the Participant may receive either a
refund of their Bid Fees to their Membership account or Bonus Credits, which may
be used in an Auction within 45 days of issuance.
b. If an Auction is cancelled for any reason, as defined in this agreement, the
Member’s account will be credited with the appropriate quantity Bid credits.
c. No confirmed and Accepted Bids may be cancelled and/or refunded unless they meet
the conditions described herein this Users Agreement.
d. If a Member receives a Confirmation E-mail and believes the Bid was placed fraudulently,
they have twenty-four (24) hours from the time the Confirmation E-mail is sent to
contest and/or cancel the Bid.
e. The Winning Bidder of an Auction shall be entitled to cancel the purchase of
the product and/or service after the Auction becomes a Closed Auction, at their
sole discretion, in writing to the Company, by doing so; the Winning Bidder will
forfeit the right to purchase the product and/or service. If a Participant chooses
to cancel their right to purchase a product and/or service they may request, in
writing, for a refund for the Bidding Fees for their Winning Bid. Other Bidding
Fees will not be refunded. The company reserves the right to re-offer cancelled
or forfeited products and/or services in a new Auction at its sole discretion.
f. No Accepted Bids may be cancelled and/or refunded unless they meet the conditions
expressly described herein this Users Agreement.
g. A Bid that is cancelled for any reason(s) described herein this Users Agreement
will not be used to determine the number of Bids needed to close an Auction and
will not be considered in determining the Winning Bid.
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15. Special Promotions
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From time to time the Company may offer limited time special auction deals, which
will be announced on www.lewinauctions.com
website or by email. Once the end time limit has been reached and auction has closed,
the special offer is no longer valid.
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16. Defects and Returns
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The member has the right to return any defective product or a product that is not
the one you purchased to the Company within 14 days of receipt.
The member has the right to return the product/service within 14 days after delivery,
assuming that you haven't used the product or opened the packaging. 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.
The Member must contact Lewin Auctions by email to
service@lewinauctions.com regarding the
return of the product prior to doing so. The Company will issue a refund/return
authorization number and give directions as to how and where the item is to be returned
or sent for service.
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.
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17. Chargeback Procedure
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The Company, in good-faith, makes every effort to bring disputes that may arise
to a fair and just conclusion. If the Member does not make an attempt to resolve
a dispute before initiating a chargeback procedure, their account will be deactivated
immediately. If you have any questions regarding an invoice or a payment made, please
contact Lewin Auctions Customer Service by sending an e-mail to
service@lewinauctions.com.
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18. Disclaimer
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Lewin Auctions Limited, its affiliates, agents, third party content providers or
licensors expressly disclaim any representation or warranties of any kind, whether
express or implied, as to the merchantability or fitness or a particular purpose
of (including but not limited to) any data contained on this web site and/or any
product described or promoted on this web site, including warranties with respect
to infringement of any patent, copyright, or other rights of third parties.
In no event will the aforementioned parties be held liable for any loss or damage
including without limitation, indirect or consequential loss or damage, or any loss
or damage whatsoever arising from use or inability to use, loss of data or profits
arising out of, or in connection with, the use of this website.
In addition, Lewin Auctions Limited shall not be liable for personal injury and
property damage resulting from the improper handling, modification, misuse of the
products by the customer or any other person following delivery by Lewin Auctions
Limited.
Every effort is made to keep the website up and running smoothly. However, Lewin
Auctions Limited takes no responsibility for, and will not be liable for, any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record whether for breach of
contract, tort, negligence, or under any other cause of action.
Where specific samples of Purchases made and attributed to specific Winning Bidders
are used, those individuals have in fact purchased the product/service at the specified
price at www.lewinauctions.com. The Company explicitly disclaims any guarantee of
the Member becoming a Winning Bidder. By placing a bid on any Auction, the Member
will agree to accept the risk that he/she may not become a Winning Bidder.
Lewin Auctions is not liable for typographical errors.
This Agreement shall be binding upon all parties hereto, as well as their agents,
servants, successors, assignees, licensees and transferees.
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