General / Scope
The following General Terms and Conditions shall apply exclusively to the business relationship between Sharkybids and its internet platform www.Sharkybids.com (hereinafter: "Sharkybids") and our users in the version applicable on the date of use. By participating in Sharkybids, the user accepts the following Terms and Conditions, as well as the manner in which Sharkybids and its “Auto Bidder” operate as described on the website www.Sharkybids.com. Sharkybids does not recognize any terms and conditions set by the user that differ from these unless Sharkybids has agreed to their validity in writing.
Any special promotions presented by Sharkybids shall only be valid if they are announced on Sharkybids’s website, newsletter or marketing material. Any promotions of a limited duration shall likewise be announced on the website, newsletter or marketing material. Upon expiration of the time limit stated, the promotion is ended. Sharkybids reserves the right to cancel any promotion at any given time.
Commentary and other materials posted on the Sharkybids website are not intended to amount to advice on which reliance should be placed. Sharkybids disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Sharkybids website or by anyone who may be informed of any of its contents.
Eligibility to Participate / Registration with Sharkybids / Disqualification
By registering / bidding at Sharkybids, the user warrants that they are legally capable of entering into binding contracts and that they are at least 18 years old.
Employees and relatives of employees of Sharkybids are not eligible to participate in the bidding under any circumstances
Registered users can use the full functionality of "Sharkybids". Each user may register only once under their postal address (only the actual residence, other forms of address will not be considered valid). Additionally, only one user registration per household is permitted. During the registration process, the user must choose a user name. This user name may not offend common decency or infringe upon the rights of third parties. The associated password should be kept secret by the user. User accounts created during registration are non-transferable. Any abuse of the user account, be it to the detriment of third parties or to the detriment of Sharkybids, shall inevitably result in the disqualification of the user and the report of a crime. The user is liable for all activities that are undertaken using the user account together with the associated password.
Sharkybids is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when, in the reasonable opinion of Sharkybids, a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if Sharkybids has another justified interest in such for the protection of other users or to prevent manipulation, in particular if bids are not paid, unauthorized bidding software is used, or several user accounts are set up by the same user. Sharkybids reserves the right in its absolute discretion to not accept users or to disqualify users from using all Sharkybids services and is not liable for lost value or trouble caused by its users breaking these terms & conditions. Additionally the sale of bids and/or of a users account is strictly prohibited and will result in the account being suspended.
Bid Purchasing for Online Bidding / Payment
Bidding rights, so-called “bids”, have to be purchased by users prior to online bidding. Only registered users can submit the convenient online bids, which can be purchased in packages (so-called “Bid Packs”) at the currently applicable prices. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s Sharkybidsaccount, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately. Bids are non-refundable and may not be exchanged. If a user is suspended, all of their bids will be lost and are not to be refunded.
Payment can be made either by Credit/Debit Cards or PayPal balance. Our authorized retailer DalPay Retail accepts all major credit cards including Visa, MasterCard, American Express and JCB.
All charges are converted into, and made to your card in USD (United States Dollars); quotes in other currencies are for your convenience only.
Charges from DalPay Retail will appear on your card statement as dalpay.is/sharkybids
Should a payment not be honored for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. Sharkybids reserves the right to block access to the user 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 in full.
All bids are non-refundable.
Bidding / Auto Bidder
For online bidding, an individual bid can be submitted by clicking, or the “Bid Buddy” can be used. Once a bid is submitted it is no longer valid and is deducted from the user’s account accordingly.
A bid is registered and counted when our system receives the bid order. It usually takes a few seconds for Sharkybids to receive the bid order and it may take even longer if there is a delay in the network or if the system is under high stress. Sharkybids is not to be held responsible for any delays that occur in bidding or on the auctions. Sharkybids strives to make the Sharkybids clock as accurate as possible; however Sharkybids cannot guarantee the accuracy of the bidding clock.
Due to the time it takes for bids to reach Sharkybids servers, and in order to allow all users the same opportunity to bid regardless of geographic location, Sharkybids servers will wait for an additional time for any placed bids to reach Sharkybids servers before closing the auction.
All bids are final.
All placed bids are non-refundable.
How the Auctions Work
With each bid submitted the price of the item on which the user is bidding increases by amount specified.
Each new bid resets the “Countdown time” for the auction. The countdown time for each of the auctions is shown on the auction details. The auction ends when no more bids are submitted within the remaining time stated. The user who submits the highest bid and is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in Sharkybids’s database and Sharkybids’s decision regarding who is the last bidder shall be final.
Sometimes the time may differ from our servers to our users' web browsers. A user's timer should therefore only be viewed as an indication of the auction time. The possible time difference may be caused by a slow internet connection, internet lag time or an old web browser. That means that the browser may show zero even when there is time remaining on the auction. This does not mean that the auction is over.
Bids become valid when they are entered in the Sharkybids database and registered in Sharkybids system. Sharkybids are not responsible for disruptions in the user’s connection and errors that may occur as a result of this. This includes, but is not limited to, incorrect count-down of the remaining time, outdated information on bidders, and bids. Sharkybids reserve the right to pause all auctions, change the bidding time of on-going auctions and open closed auctions on suspicion of disruptions in operations.
The value of the products is based on an average price offered by local suppliers. Sharkybids cannot guarantee that a corresponding product is available elsewhere at a lower or higher price.
Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the last bidder (“winner”) will receive a notification of the win by e-mail with a request for payment.
The user must pay the total price (auction price) no later than 7 days after the notification of the win is sent. After this deadline has passed, Sharkybids can declare a rescission of the purchase contract to the user, which results in the user's right to delivery of the item being permanently revoked. There is likewise no entitlement to replacement of any of the bids used in the auction.
The item is not sent to the user until the total price has been paid to Sharkybids. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for or acquired. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid for in full.
The winner of an auction is solely determined by our system. If a bid is placed too late or does not reset the timer of an auction or is not correctly registered by the system, it is then invalid.
Even though this bid may be the last bid on an auction, it is the last & highest valid bid on an auction that wins the auction.
We recommend our users to always bid at least 5 seconds prior to the auction timer reaches zero, as otherwise the bid might be accepted too late.
An invalid bid is one where the auction timer is not reset after the bid has been placed.
Winning Limits.
Sharkybids reserves the right to limit the number of auctions user can win.
Delivery
Insofar as nothing to the contrary occurs as has been stipulated, delivery will be made from our supplier’s warehouse or from our warehouse to the address provided by the user. Should Sharkybids not be able to deliver the item ordered, and this is not the fault of Sharkybids due to the fact that the supplier has not satisfied its contractual obligations to Sharkybids or does not do so in a timely manner, Sharkybids shall be entitled to declare rescission to the user or to substitute the item in the same price range or the equivalent of the item's value in bids. The user’s rights under the law shall not be affected hereby.
Offsetting / Withholding Payment / Retention of Title
The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by Sharkybids.
The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.
The item delivered shall remain Sharkybids’s property until payment in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions and to insure it. Sharkybids shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
Damages / Reimbursement of Expenses / Limits on Liability
Claims for damages by the user against Sharkybids, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, Sharkybids shall not be liable for faulty operation of computer during bid submission and for incorrect or overly slow transmission of bidding data by internet provider. Should such an event occur, the bidder shall have no legal right to the purchase/receipt of the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of Sharkybids, its legal representatives, or parties assisting it in performance. This shall also not apply if the guarantee for an item's features was expressly provided by Sharkybids in writing or a defect was fraudulently concealed.
Insofar as Sharkybids is insured for its liability for any damage, Sharkybids can also assign any entitlement to insurance settlement to the injured party. The user shall be obligated to accept this assignment.
Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
Liability for damage arising from loss of life and limb, health, or well-being, and that according to product liability law shall not be affected hereby.
Guarantee
The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them but subject as provided below all other warranties or conditions (whether express or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
The item descriptions provided according to the best of Sharkybids’s knowledge and belief. Images of products can differ from the original.
Should subsequent correction be undertaken by way of delivery of a replacement, the user shall be obligated to return to Sharkybids the item already delivered within 30 days at SharkyBids’s expense.
System Outage / Temporarily Halted Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system, the website is unreachable or if any other component of the site is not working as it should be. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
Even with today’s most sophisticated software and hardware, it is impossible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet as a medium (hereinafter referred to in brief collectively as “technical faults”). Sharkybids therefore provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition but not subject to the provisions of clause number 11, Sharkybids shall not be liable for any damage whatsoever incurred by auction users or third parties from using Sharkybids’s services. In particular, Sharkybids shall not be liable for damage that occurs due to bids submitted by auction users not being received by Sharkybids or not being received promptly or not being considered as a consequence of technical faults.
In the event of technical faults, Sharkybids cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occured. If a user is sure that their bids have been lost due to system failure, they may contact Sharkybids´s customer service for more details on what they should do at info@Sharkybids.com.
If auctions end due to technical faults, and a winner is declared by the system, this win is not valid, even though the user gets a winning notification from Sharkybids´s system. Winners on auctions that end due to technical faults may not purchase the item on the auction. If you believe that you have been declared a winner on an auction that ended due to technical faults, please contact Sharkybids customer service department immediately at info@Sharkybids.com.
Applicable Law / Severability Clause
To the extent legally permitted, the place of jurisdiction is the
Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of (personal) data, please read our Privacy Statement.
External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the Sharkybids website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
General
The contract between Sharkybids and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms and Conditions or any of their rights or obligations without Sharkybids’s prior written consent.
Sharkybids has the right to revise and amend these Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting Sharkybids business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Sharkybids system’s capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Sharkybids website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or Sharkybids notifies its users of the changes to such policies or Terms and Conditions before Sharkybids sends information relating to dispatch (in which case Sharkybids has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
Sharkybids is the owner or licensee of all intellectual property rights on the Sharkybids website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print off one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed of or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the Sharkybids website for commercial purposes.
Responsible Bidding.
Sharkybids is a reverse auction site where users have to pay for the right to bid on an auction. There is a fee for placing bids on item. This fee allows us to give away items for a fraction of the actual retail price. Sharkybids is meant to be fun way of grabbing a few bargains, not a substitute for purchasing the item itself. Due to multiple users bidding on the same item there is no guarantee that everyone can win.
