Dixons Reverse Auctions
 
checkout  ::  deposit  ::  my account  ::  contact us
 
 
BidClever Home BidClever Winners How It Works BidClever Special Offers
Welcome to Dixons Reverse Auctions, login or register.  
 

TERMS & CONDITIONS

This Agreement is made between you and Dixons Reverse Auctions which is a part of DSG Retail Limited (registered number 00504877) whose registered office is Maylands Avenue, Hemel Hempstead, Hertfordshire HP2 7TG ("We", "Us" and "Our" ").

This Agreement sets out the terms and conditions governing your participation in Dixons Reverse Auctions operated on Our behalf by The Clever Group Limited and promoted by Us on Our websites and in other promotional media. Please read these terms and conditions carefully. If you are uncertain, or you do not agree with the terms and conditions then you should not accept them and you should not participate in the reverse auctions offered to you by Us.

Dixons Reverse Auctions carries out auctions for products and services, where bid proposals may be accepted via SMS text messaging and/ or via the Dixons Reverse Auctions website, at Our sole discretion. Dixons Reverse Auctions are a specific auction format whereby the uniqueness of the amount bid by an individual bidder determines the winner of the auction, as further explained in this Agreement. Entry is strictly for people aged 18 and over. All participating users are encouraged to be responsible in their use of Dixons Reverse Auctions.

Part 1: Important Terms & Conditions 

Bids cost £1.00 each (or in the case of bidding via SMS text message £1 each plus standard network rates), unless otherwise stated in each promotion or auction. Subsequent text bid status messages are free. Open to UK residents aged 18 or over. The lowest unique bid at the stated closing date and time or stated closing condition of each auction wins the auction. The winner shall not be required to pay the winning bid amount. Minimum bid is 1p and maximum bid is £999.99 (99999p), strictly in British Pounds Sterling. SMS bids limited to 30 per person per day. Prize non-transferable and no cash alternative is available. DSG Retail Limited and The Clever Group will not be held responsible for any breakdown in communications systems or networks which might result in a bid not being registered or a text message not being received. DSG Retail Limited reserves the right to award the prize to an alternative claimant if in its opinion the winner has not entered into the spirit of the competition. The lowest unique bid will be a binding legal contract for the provision of the prize by DSG Retail Limited to the bidder. Insurance is not included. Full terms and conditions are shown below.

Part 2: Definitions

"Auction”, “Auctions”, “Our Auction" or “Our Auctions” means a specific auction according to the auction format further described in this Agreement and as promoted by Us.

"Bid" means a proposal by a specific Bidder to pay a specific Bid Amount for a product or service in Our Auction.

“Auction Item” means the specific item offered for auction in Our Auction

"Bid Amount" means a value in pence, based strictly on British Pound Sterling (£), that may be proposed in one or more Bids.

"Winning Bid Amount" means the amount bid by the Selected Bidder or Selected Bidders for the Auction Item

"Bidder" means a person who submits a Bid

"Reverse Auction" means an auction with a Lowest Bid Accepted where the winner is the person who submits the Lowest Unique Bid.

"Lowest Bid Accepted" means the minimum Bid Amount, determined by Us, which can be Bid in a Reverse Auction. Where no specific amount is specified by Us, then the Lowest Bid Accepted shall be a Bid Amount of 1p

"Maximum Number of Bids" means the maximum number of Bids that will be accepted in a specific Auctions regardless of the End Date of the auction. Where, no Maximum Number of Bids is specified by Us, then there shall be no limit to the number of Bids that will be accepted in a specific Auction.

"End Date" or “Auction Closing Date” means the date at which Our Auction will close, unless extended, previously closed or cancelled at Our discretion, even if the Maximum Number of Bids has not been reached.

"Bid Increment" means the step amount separating possible Bid Amounts. Where no Bid Increment is specified elsewhere by Us then the Bid Increment for Bid Amounts shall be 1p.

"Unique Bid" means a Bid that is not the same Bid Amount as any other Bid for a specific Auction We offer.

“Lowest Unique Bid” means the lowest Bid that is not the same Bid Amount as any other Bid for a specific Auction We offer.

"Unique Bid Response" means a message sent to a Bidder after a Bid is submitted telling that Bidder whether the Bid was unique, unique but not the lowest, not unique or the lowest unique bid at the time the Bid was made. If a Bid is unique when it is submitted, it does not necessarily mean that the Bid will still be unique at the End Date.

"Free Bid(s)" means the Bid(s) per Bidder that may be made without an Entry Fee being charged. Only the specified amount of Free Bid(s) per Bidder may be made whether over the internet or via mobile phone text message as specified on the relevant auction (if applicable).

“Loyalty Points” or “Bid Points” means points awarded to and redeemed by users through Our customer loyalty program (if applicable).

"Entry Fee" or "Auction Entry Fee" means a fee that is levied for each Bid other than the Free Bid(s) and payable via Credit or Debit Card over the internet or via mobile phone as a result of a text message being sent.

"Selected Bidder" or "Selected Bidders" means the Bidder or Bidders determined to have the right to receive a specific product or proceed to another selection stage if applicable.

"Qualifying Unique Bid" means a Bid that is not the same Bid Amount as any other Bid for a particular Item in a specific Auction We offer.


Part 3: Our Auctions General Terms and Conditions

1. General

1.1. The accessing and use of this site, and the submission of a Bid in any Auction We offer, constitutes agreement to these Terms and Conditions.

1.2. For each specific Reverse Auction We may determine the following:

1.2.1. The product / service on offer.

1.2.2. The Lowest Bid Accepted as appropriate.

1.2.3. The Entry Fee per bid.

1.3. In addition, We may specify the following:

1.3.1. A Maximum Number or Bids per Bidder that will be accepted in a specific Auction.

1.3.2. A Maximum Number of Bids that a Bidder can place in one instance in a specific Auction.

1.3.3. The Maximum Number of Bids that will be accepted.

1.3.4. The End Date of the auction.

1.3.5. The Bid Increment. 

1.4. A given Auction will close and a winner will be selected as per clause (3) of this agreement under any one of the following circumstances:

1.4.1. Once the Maximum Number of Bids has been reached (applicable for each item in the case of multiple item auctions).

1.4.2. Once the End Date of the auction arrives and We choose not to extend the auction even if the Maximum Number of Bids has not been reached.

1.4.3. Before the End Date at Our discretion.

1.4.4. Before the Maximum Number of Bids has been reached at Our discretion.

1.5. Should the End Date of the auction arrive and the Maximum Number of Bids has not been reached then We reserve the right to extend the auction for an additional period by defining a new End Date. We also reserve the right to change the status of an auction while it is in progress, from an auction with a Maximum Number of Bids to an auction with an End Date, and vice-versa. We also reserve the right to extend the End Date of the auction at any time.

1.6. Once the Maximum Number of Bids for a specific Auction Item has been reached no further bids will be accepted. However due to the time delay that occurs for Entry Fees to be processed after a Bid is placed there may be a discrepancy between the total numbers of bids that are actually accepted and the Maximum Number of Bids specified per Auction Item. In this case, it is possible that the total number of bids that are actually accepted may exceed the Maximum Number of Bids specified per the Auction Item.

1.7. Once the Auction has closed, the winner will be determined as per clause (3) of this Agreement. We may at our discretion and at any time following the close of the auction, place other identical or similar products/services in a different Auction. No Bids placed in any individual Auction will count as Bids in any other Auction. In addition the auction variables (e.g. Maximum Number of Bids, Entry Fee etc.) may differ between individual Auctions, even though the product or service that is being auctioned is either identical or similar.

1.8. The retail price or market value of the product/service on offer may be stated as part of the description of the product/service. While We will endeavour to ensure that this information is as accurate as possible, We do not warrant that this information is correct and that the product/service is not available at a different price.

1.9. Bidders warrant that they are 18 (eighteen) years of age or over. Selected Bidders may be required to provide proof of identity and age before receiving an Auction Item they have won. Any Bids placed by Bidders under the age of 18 will be deemed invalid and no Auction Entry Fee(s) paid will be refunded to the Bidder.

1.10. We are entitled to change these Terms and Conditions at our discretion. The new Terms and Conditions will govern all Our Auctions, which are active on or after the time when the new Terms and Conditions are published on the Site. We will endeavour to bring new Terms and Conditions to the attention of users of the site.

2. Acceptance of Bid Proposals

2.1. Bidders acknowledge that all Bids are kept secret and will under no circumstances be disclosed to any other party whilst the auction is open. However bidders may be told during the course of the auction whether or not their bid is unique at the time of the bid or if it ceases to be unique at a later time. We may also publish free tips during an auction to assist Bidders in bidding strategically; Where such tips are provided, We shall endeavour to make them freely available to to all entrants at the same time, by publishing the specific tip(s) on the Dixons Reverse Auctions website, or, by informing all auction entrants via SMS or email.

2.2. A Bid is only considered accepted once payment of the Entry Fee(s) over the internet or via mobile phone text message has been physically recorded as a received payment in Our Auctions system. Approved credit/debit card or mobile phone payments via premium SMS text messaging for Entry Fees are automatically recorded as received payments once payment has been confirmed through the payment gateway or the relevant mobile network operator; and, in the case of bids place via the internet where this is offered, confirmation appears as an "Active Bid" in the registered user’s My Account section.

2.3. Where Entry Fee(s) or Winning Bid Amount(s) are paid for using Bid Points or Free Bids and are not accompanied by paid for Bids or paid for Winning Bid Amounts, they will be considered accepted once the Bid Points used have been deducted from the Bidder’s account.

2.4. We reserve the right to cancel any Bid without making a refund of the applicable Entry Fees and/or suspend a user’s account under any one or more of the following circumstances:

2.4.1. If any Bidder places more than the allowed number of Free Bids, either over the internet or via a mobile phone text message.

2.4.2. If any Bidder is suspected of setting up multiple accounts for the purpose of taking advantage of any promotional offer.

2.4.3. When placing a bid over the internet, the Bidder provides any false or misleading information.

2.4.4. Two or more Bidders agree, discuss or otherwise co-ordinate their Bid Amounts in an attempt to increase their overall possibility of winning above what would otherwise be the case if they acted separately.

2.4.5. When placing a bid over the internet, a fraudulent credit card is used or the bank or other credit institution reverses the credit card transaction, for the Entry Fee or Winning Bid Amount payment.

2.4.6. When placing a bid via mobile phone premium SMS text messaging, for the Entry Fee payment, the mobile network operator through which the premium SMS text message is placed reports the message as failed, for whatever reason.

2.4.7. Any other breach of this Agreement.

2.5. We reserve the right to cancel any Bid and offer a refund of the applicable Entry Fees if the maximum Number of Bids (applicable for each item in the case of multiple item auctions) has not been reached (whether the End Date of the auction has arrived or not).

2.6. We shall not be liable for any causes preventing the receipt of Bids, the entry of Bids into an Auction or the receipt by you of any “Unique Bid Response” for any reason, including but not limited to an overload of the telephone service centre, failure of the hardware or software providing access to the Internet or any other technical difficulties whatsoever regardless of whether they are within or outside of Our direct or indirect control.

2.7. We may offer our users the option to track an Auction Item. If this option is offered and selected, We may choose to inform the user as to the progress of the selected Auction Item. By selecting this option, the user is not in any way obligated to Bid or make any purchase.

3. Determination of Selected Bidder

3.1 For Reverse Auctions:

3.1.1 The Bidder that places the lowest Qualifying Unique Bid is determined the Selected Bidder for that specific Auction Item.

For example, for an Auction with 10 Bids as follows:

Bid 1: £0.01
Bid 2: £0.01
Bid 3: £0.01
Bid 4: £0.02
Bid 5: £0.02
Bid 6: £0.03
Bid 7: £0.03
Bid 8: £0.04
Bid 9: £0.05
Bid 10: £0.05

The Bidder that placed Bid 8 for £0.04 would be deemed the Selected Bidder because this Bid is the lowest Unique Bid. Although, lower Bid Amounts have been placed, these are not unique.

3.1.2. Should there be no Qualifying Unique Bid then the Selected Bidder will be selected from the lowest Bid Amount with exactly two Bids with the Bidder who Bid first at that Bid Amount being selected. Should there be no Bid Amount with exactly two Bids, then the process is repeated for the lowest Bid Amount with exactly three Bids and so on until there is a Selected Bidder.

3.2. There may be a period of up to 72 working hours from when an Auction closes until the auction results are announced. This period is to allow for the reconciliation of Bids and the auditing of results.

3.3. Should the Selected Bidder fail to claim the Auction Item within 30 days of the close of the Auction then the right to receive the Auction Item will be forfeited. In the case, of a product/service whose use, or anything connected with its use, is stated as being time specific in any way, you shall be deemed to have forfeited your right to make use of the product/service if the stated date passes.

3.4. The Selected Bidder is not bound to accept receipt of the Auction Item. If after We have informed the Selected Bidder that their bid has won and they subsequently decide they do not wish to receive the Auction Item, no further action will be required by the Selected Bidder. The Auction Item will then be offered to the Selected Bidder who placed the next Lowest Unique Bid on the Auction.

4. Entry Fee payments by Credit/Debit Card or Pre Paid Cash Voucher

4.1. The Bidder warrants that he/she is the owner of the credit/debit card or pre-paid cash voucher and is authorised to make use of it for the purposes of participating in Our Auctions.

4.2. We use one or more well-established and reputable third party payment service providers for the acceptance of online payments for Our Auctions. While We endeavour to ensure that due care is exercised in handling credit/debit card or pre-paid cash voucher information by these third party payment service providers, We will not be liable for any compromise, misuse of this information or breach of security by these third party payment service providers.

5. Bidding By Mobile Phone SMS Text Messaging

5.1. You must be the owner of the mobile phone or an authorised user of it who is authorised to incur charges. Winners will be required to provide proof of phone ownership or that the user is authorised to incur charges.

5.2. We reserve the right to verify the eligibility of service requests.

5.3. You pay per message sent and received. Unless stated otherwise, the price includes VAT. Charges are billed by and payable to your mobile phone company. The price of the service is the price We publish from time to time that is applicable to your mobile phone network. Messages are charged at the rate current at the time of transmission, plus standard network rates. When you enter a bid into an Auction, you are charged your standard network rate for sending a text message. Your SMS message confirming your entry into the auction is billed as per clause (5.12.1).

5.4. You acknowledge that any message material obtained from the service is done at your own risk and that We are not endorsing or associating with any particular person or event that may be featured within the service.

5.5. We are not liable for any delay, error, or interruption to nor any inaccuracy or incompleteness in the service, which is beyond Our direct or indirect control. We cannot guarantee that the information supplied will be accurate or complete nor that the service will be without delay or interruption. In addition, We will not be liable to you in any way for failures, defects or delays in the delivery of the services that are caused by one or more of the following reasons:

5.5.1. You accidentally erase a service provided to you;

5.5.2. Your phone does not support the service;

5.5.3. Your message TXT box is full and has no additional memory to receive the TXT;

5.5.4. Your phone is out of range of the service;

5.5.5. You have provided a wrong phone number or other incorrect information before and/or during ordering a service;

5.5.6. Your phone has been barred from receiving such services, for whatever reason.

5.6. In no event shall We be liable for indirect, incidental or consequential damages, including, without limitation, loss of income, data, or other information, even if We have been advised of the possibility of such damages. In no event shall We or Our Suppliers liability exceed the lower of: i) the price paid for the service; and ii) £250.

5.7. We reserve the right to disclose information about you to applicable regulatory or government bodies where it is required by law to disclose this information.

5.8. If We believe that there has been a breach of these terms and conditions We reserve the right to immediately and without notice withdraw or bar the services.

5.9. You agree that your personal data supplied when making an order for the service may be used by Us to:

5.9.1 Monitor the use of the service.

5.9.2 Inform you of the status of your bids (a “Unique Bid Response”), future Auctions, and / or promotions, via email and/or mobile phone SMS text messages (“Communications”). To “opt-out” from receiving such Communications to your mobile phone, you should text STOP to each short code number from which such Communication is received. To “opt-out” from receiving Communications via email, you should follow the instructions given in the relevant email that you have received from Us. Please note that once you have entered an Auction, a “Unique Bid Response” is automatically generated and sent to you, when your Bid first enters the auction and also when the status of your bid changes. Unique Bid Response Communications regarding changes to the status of your bid(s) are free and you accept that such notifications may be received at any time until the End Date of the relevant auction that you have entered, regardless of whether have opted-out as above.

5.9.3 Evaluate if it is possible to improve the service for customers.

5.10. Components of the service are supplied to Us by third parties (“Suppliers”), including but not limited to The Clever Group Limited, and We and Our Suppliers can make no promises, express or implied as to the service, including but not limited to, its accuracy, relevance, or quality. In addition, the service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors beyond Our control, including without limitation, congestion, network coverage, dropped connections, the performance of your wireless device and the maintenance of secure network connections. We and Our Suppliers accept no responsibility if you do not receive the service for any of these reasons. Under no circumstances shall We or Our Suppliers be liable for any direct, indirect, incidental or consequential damages including without limitation, loss of income, data or other information caused by your participation or otherwise in the services offered by or in Our Auctions, even if We or Our Suppliers have been advised of the possibility of such damages. These terms and conditions will not affect your statutory rights.

5.11. Our customer care contact information:

5.11.1 By Email or Phone:

To contact us via email please contact us via the Contact Us link provided on the Site.

To contact us via phone, please call 0845 257 9237.

5.11.2 By Mail: 

Dixons Reverse Auctions
C/O The Clever Group
PO Box 53269
London N3 1GB

5.12. Special Terms and Conditions

5.12.1. Each bid via mobile phone text messaging costs £1.00 plus your standard network charges, unless otherwise stated in each promotion. Each bid placed online via the Dixons Reverse Auctions website costs £1.00, unless otherwise stated in each promotion.

5.12.2. Each bid made implies acceptance of these terms and conditions.

5.12.3. The reverse auction service is not guaranteed to be provided free from any interruptions, faults or inaccuracies and We and Our shall not therefore be liable for any loss or damages arising there from; and We and Our Suppliers shall have the right unilaterally to terminate transmission of all or any part of the reverse auction for whatever reason without notice and shall not have any liability in connection therewith.

5.12.4. You further acknowledge that you are only entitled to use Our Auctions for lawful purposes, for your own personal, private use and will not use the service in breach of Our or any third parties intellectual property rights in the service.

5.12.5. You recognise that the service may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the service and will take all reasonable steps to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure in transmission of the service.

5.12.6. No responsibility will be accepted for entries lost or delayed in transmission.

5.13. Opt Out

5.13.1 By participating in Our Auctions, you agree to receive messages advising you of the status of your Bid(s) in the relevant auction, the status of the auction and of future auctions. In order to opt out from receiving promotional messages, simply text ‘stop’ to the short code from which you receive such communications. To opt-out of receiving promotional messages via email, please follow the opt-out instructions given in the relevant email. Please note that you will continue to receive messages if the status of Bid(s) you have placed changes, these are free messages and will stop only once the End Date of the relevant auction has passed.

5.13.2. As part of the service We would like to send you occasional SMS messages informing you of other promotions and services. You will not be charged for receiving these messages, however you may agree to receive further messages that you will be charged for receiving. To opt out of receiving such messages send “STOP” to the short code from which you receive such communications.

5.13.3. Unless stated otherwise, bids placed via mobile phone do not qualify for special offers and promotions. For the avoidance of doubt, bids placed via mobile phone do not qualify for loyalty points under Our loyalty points programme.

6. Refunding of Entry Fees

6.1. Provided a Selected Bidder for a specific Auction Item is determined as per clause (3), no credit of Entry Fees will be offered.

6.2. In the case where We offer a credit of Entry Fees as per clause (2.5): you will be credited with the amount due in Bid Points and such credit balance may then be used to offset Entry Fees on future Bids. We may at Our sole discretion refund you in cash.

6.3. If a cash refund is offered to a specific Bidder as per clause (2.5): We will email or call the affected Bidder (using the last email address or phone number they have provided to Us), requesting information required in order to process the refund on to the Bidder.

6.4. Neither bought Bid Points nor promotional Bid Points can be exchanged for cash or refunded, but can only be used towards paying for Entry Fees.

7. Provision of Products/Services

7.1. The supply of the product and/or the service to the Selected Bidder is not subject to payment of the Bid Amount of the successful Bid by the Selected Bidder. The Selected Bidders shall not be required to pay the winning Bid Amount.

7.2. Any transfer, shipping and/or delivery fees which are payable in addition to the successful Bid will be stated in the relevant Dixons Reverse Auctions Auction, and must be paid by the Selected Bidder. However, shipping outside the United Kingdom may incur fees not mentioned in the relevant Dixons Reverse Auctions  Auction, and must be paid by the Selected Bidder. Dixons Reverse Auctions is not responsible for any possible import duty/tax/extra charges that may be incurred. For any item requiring delivery, unless otherwise stated, please allow 30 days from the date that Dixons Reverse Auctions receives payment.

7.3. It should be understood that We may not be the supplier of the products/services, and that the products/services may be supplied to Selected Bidders directly from the suppliers and/or the producers and/or the importers and/or the service providers, subject to the conditions stated in this Agreement.

7.4. Guarantees for products/services will only be provided as stated in the Auction Item description for each specific Auction (no mention of a guarantee will imply no specific guarantee). The supplier mentioned in clause 7.3 may offer guarantees and warranties, such guarantees and warranties are not provided by Us but solely by the relevant supplier. Your statutory rights are unaffected.

7.5. We make every effort to make the descriptions of Auction Items as accurate as possible. However, Auction Items offered may differ from those described on Our Auctions, due to later production changes in specification, components or place of manufacture. The information on Our Auctions may contain inaccuracies or typographical errors. Consequently any such information is not to be treated as representations as to the current availability of the products or services actually offered for action. Furthermore We reserve the right to replace the items displayed with products of similar value in the event of unforeseen problems with product availability, timings, dates or distribution.

7.6. Except to the extent that is required by law, We are not responsible for any kind of product/service including the quality of the product, and/or faults, and/or damages, and/or unsuitability of the products and/or the services.

7.7. Once a Selected Bidder has received the Auction Item they have won, if the Selected Bidder decides not to keep the Auction Item, it must be returned within 7 days of receipt. We are not liable for any transfer, shipping and/or delivery fees which are payable to return the Auction Item to Us.

8. Use of Information

8.1. Unless otherwise agreed by the Bidder, We will not sell personal Bidder information to any third party, or use that information other than for the performance of this Agreement by Us, Suppliers and any third party acting on Our behalf.

8.2. Bidders however understand that We, in conjunction with the relevant supplier of a particular product/ service in an Auction, may make use of their personal information to make a once off alternative offer relevant to the specific product/service.

8.3. We reserve the right to transfer Bidder information to other members of Our group, including any parent, subsidiary and related businesses, as the case may be.

8.4. Personal Bidder information may also be transferred to another company in the event of sale of Our business to a third party. In that event, We will endeavour to ensure that your rights and freedoms in respect of the processing of your personal data are adequately and appropriately protected.

8.5. We makes a commitment to protect your privacy and promise only to use information collected about you in accordance with the Data Protection Act 1998. We and/or Our Suppliers are registered with the Information Commissioner.

9. Disclosure of Bidding Information

9.1. While an Auction is open, bid information for that specific Auction will be kept secret by Us and will not be disclosed to any person under any circumstances. However We may notify a Bidder after receipt of a valid Bid whether or not that Bid is unique, unique but not the lowest or the Lowest Unique Bid at the time that the Bid is submitted; We may also notify a Bidder of a valid Bid if that Bid, which was unique or the Lowest Unique Bid at the time the Bid was submitted, is no longer unique or the Lowest Unique Bid. We may also publish free tips during an auction to assist Bidders in bidding strategically; Where such tips are provided, We shall endeavour to make them freely available to to all entrants at the same time, by publishing the specific tip(s) on the Dixons Reverse Auctions website, or, by informing all auction entrants via SMS or email.

9.2. Each Bidder acknowledges that, if he/she becomes the Selected Bidder as a result of an Auction closing, We will be permitted to publicise his/her name, surname and location, Bid Amount, and the product/service which was the subject of the relevant Auction.

9.3. We may at Our discretion, but are not obliged to, make the Bid Amount of each individual Bid, or any other information relating to a specific Auction, publicly available after the close of that Auction.

10. Our Liability

10.1. Reasonable control. We shall not be liable for any failure to perform Our obligations under this Agreement caused by matters beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, war or act of God.

10.2. Excluded loss. We and Our Suppliers will not be liable to any Bidder or Selected Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). We shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to the following:

10.6.1. Any incorrect or inaccurate information on Our Auctions.

10.6.2. Any interruptions to or delays in updating Our Auctions.

10.6.3. The infringement by any person of any Intellectual Property Rights of any third party caused by their use of Our Auctions or any Product or Services provided by Us.

10.6.4. Any loss or damage resulting from your use or the inability to use Our Auctions or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond Our control.

10.6.5. Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading from Us, or from transmissions via emails or attachments received from Us or Our affiliates.

10.3. Maximum liability. Without limiting the preceding clause, Our liability and that of Our Suppliers under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the lower of (i) £250; and (ii) an amount equal to the sums paid or payable by you in the Auction to which such liability relates, regardless of the cause or form of action.

10.4. Non-excluded liabilities. Nothing in this Agreement limits Our liability for death or personal injury resulting from Our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

10.5. Our website may include links to websites and/or services owned and/or operated by participating companies and/or third parties. These are provided for your convenience and We are not responsible for and do not give any warranties or make any representations regarding any such websites and/or services and We are not responsible for or liable in relation to the content or your use of such websites (other than to the extent required by law).

11. Copyright

11.1. The copyright in the content, all the software, web site and pages relating to Our website are owned by or licensed to Us or owned by or licensed by Our Suppliers and may not be used, copied or altered without its express consent. This copyright extends to the design, look and feel of Our Auctions and Our marketing materials.

11.2. Any logos shown on the Site or in Our marketing materials are trade names or trade marks which are solely owned by Us or Our Suppliers and may not be used by anyone else without Our express permission. We may possess or apply for a registered trademark in Our logos and trade names and We are also the owner of unregistered trademark rights therein.

11.3. We do not make any warranty or representation in respect of any other trade marks or brands featured on Our website which belong to their respective owners. We do not give any right or interest in any copyright or intellectual property rights in any Product or Brand nor the right to copy them.

12. Bid Points (Loyalty Points Scheme)

12.1. Using Bid Points. Bid Points can only be used if We choose to offer them online subject to these general terms and conditions, and any other specific conditions notified to you on the issue of a Bid Point. No Bid Point is redeemable through any website other than the Our Auctions website. Your use of a Bid Point indicates your agreement to be bound by these Bid Point Terms and Conditions. We reserve the right to withdraw or cancel a Bid Point for any reason at any time.

12.2. Distribution of Bid Points. Bid Points are, and remain at all times, the property of Dixons Reverse Auctions. The right to use a Bid Point is personal to the original recipient and may not be transferred. No Bid Point may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the Our prior written permission. Bid Points distributed or circulated without Our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

12.3. Permitted usage of Bid Points. Unless expressly stated otherwise at the time of issue of the Bid Point, each issued Bid Point will be valid for use by a recipient only once.

12.4. Bid Points cannot be exchanged for cash or used to purchase gift-vouchers or any item other than a Bid.

12.5. Excluded goods and services. Certain goods or services may be excluded from all Bid Point offers. Any such exclusion will be notified to you through the Our Auctions website. Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount. The exclusion of goods and services from Bid Points offers is at Our sole discretion.

12.6. Security and Fraud. When you use a Bid Point you warrant to Us that you are the duly authorised recipient of the Bid Point and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of Bid Points to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence. If We reasonably believe that any Bid Point is being used unlawfully or illegally We may reject or cancel any Bid Point and you agree that you will have no claim against Us in respect of any rejection or cancellation. We reserve the right to take any further action We deem appropriate in such instances.

12.7. If We refuse a Bid Point submitted as part of an order, for any reason, We will inform you of the correct cost of the order and give you the opportunity to cancel the order.

12.6. We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Bid Point or any failure or inability of a customer to use a Bid Point for any reason.

12.7. Miscellaneous. We reserve the right to vary or terminate the operation of any Bid Point at any time without notice.

12.8. Bids placed via mobile phone do not qualify for Bid Points.

12.9. Where have have earned Bid Points, by making a cash deposit as part of a deposit bonus promotion, once those Bid Points have been used to bid in Our Auctions, the cash that you deposited in order to earn those Bid Points shall not be returnable or refunded to you.

13. Termination and Severance

13.1. We may terminate this Agreement and immediately remove, cancel or suspend access to and use of Our Auctions upon breach of any part of these Terms whatsoever. Termination shall be without prejudice to Our other rights.

13.2. If We do not enforce any provision of this agreement such will not be considered a continuing waiver.

13.3. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.

14. Governing Law and Disputes

14.1. The laws of England and Wales govern these Terms and Conditions and each Auction. We and each Bidder submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these Terms and Conditions or any of Our Auctions.

14.2. In the event of any dispute, both parties shall agree to refer the matter to an independent expert who shall act as mediator. Mediation shall be a precursor to, but shall not prevent, proceeding with legal action.

User Login
 
Current Auctions
   
 
 
 
   
 
 

Site Map :: Terms & Conditions :: Privacy Agreement :: About Us :: Contact Us
 
© DSG Retail Limited 2008. All Rights Reserved.
 
`