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Terms & Conditions
LEWIN AUCTIONS LIMITED
The following General Terms and Conditions shall apply exclusively to the business relationship between Lewin Auctions Limited, its internet platform www.lewinauctions.com and the User.
1. General
Lewin Auctions Limited
(Hereinafter: the "Company") is a UK registered company # 6788849 with the registered address at: Suite 404, 324 Regent Street, London W1B 3HH, which operates unique online Auctions for the public world wide, designed for profit. All our products auctioned are brand new in their original manufacturers packaging and with manufacturers’ warranties, with the exception of paintings and other items under Category “Art”.
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The content of the pages of this website is for your general information and use only. It is subject to change without notice.
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Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
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Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
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This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the software, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
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All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
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Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. Use of any outside bidding software, tempting to clone or hack or cause any damage to the website whatsoever, or copy any part of it may it be text, software or other elements is expressly prohibited and will result in full investigation and prosecution to the fullest extent of law.
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From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
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You may not create a link to this website from another website or document without Lewin Auctions Limited's prior written consent.
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You are responsible for keeping your security details private.
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If you use these services from outside the UK, you are responsible for ensuring your use conforms with your national laws.
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If we take payment for a transaction, our liability is limited to the amount you have paid for the transaction.
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We cannot guarantee the availability of any particular service; we may change a service without warning; and we may stop offering a service at any time.
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We reserve the right to exclude a particular user from a service, and/or delete their details, if they abuse it (which could include, but is not limited to, hacking, submission of obscenities, fraud or the spreading of computer viruses).
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If we present you with a set of terms and conditions specific to a particular service, they override these general terms and conditions.
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No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
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Our use of your personal information will be in line with our Privacy Policy.
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We make every effort to check and test our websites during production. However, we would advise you to run an anti-virus program on anything you download from the Internet. We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this website or arising as a result of having used the website.
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This website and the use of it is governed by English law and English courts shall have exclusive jurisdiction over any disputes connected to our websites.
2. Acceptance of Terms by use
By using
www.lewinauctions.com
website, 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.
3. Registering as a Member
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.
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.
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.
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.
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.
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.
6. The Membership account is not transferrable.
4.Terms used
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.
Retail Price Up to:
The Company will determine the current approximate retail price by performing a price search and comparison, or uses maximum MSRP.
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.
Price of a Bid:
The Company will determine before each Auction the Bid Price for each Auction
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.
Entry Fee:
Flat fee charged in order to be eligible to participate in a Highest Bid Auction only.
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
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.
5. Purchasing Bids for Online Bidding / Payment / Free Bids
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.
2. The Member agrees to pay the required Bidding Fees for every Bid they place in an Auction.
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.
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.
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.
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.
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.
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.
6. Cost of Bid Fees & Placing Bids
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.
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.
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.
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.
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.
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.
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.
7. How the auctions work
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
User chooses the Auction type and Auction Item
they wish to place bids on.
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
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.
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.
All bids are kept strictly confidential (except in Live Auction) and are only visible to the Auction Auditor while the Auction is Open.
All Auctions are under the supervision of the Auctioneer.
8. Closing of Auction
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.
Requirements for Closing an Auction
1. Live auction
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.
2. Lowest Unique Bid Auction & The Highest Bid Auction
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.
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.
A Winning Bid is:
A) Live Auction
: The Successful Bid is the
last bid entered
before the countdown clock reaches zero.
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.
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.
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.
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.
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.
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.
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.
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.
9. Auction duration and conditions for cancellation
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.
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.
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.
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.
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.
10. Delivery of items/services
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.
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.
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.
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.
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.
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.
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.
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.
11. Inconsistencies in product description
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.
12. Warranties and Service Contracts
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.
13.Other Inconsistencies
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.
14. Bid Cancellation and Refund Policy
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.
15. Special Promotions
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.
16. Defects and Returns
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.
17. Chargeback Procedure
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
.
18. Disclaimer
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.