Terms and conditions

The following standard terms are the conditions under which Valuga Software International Limited (in the following text named "Bidsbull") offers its online services on the website. These standard terms and conditions serve as settlement for the offered services named as "auctions". These Terms and Conditions provide the user with a detailed overview of the functions and handling of this website. Please refer to the explanatory text on the website. The contents of this text are in addition to the following standard terms and conditions and are automatically accepted by the user when accessing the services of the offered online services of Bidsbull.

Standard terms and conditions when using the online services of Valuga Software International Limited

§ 1 Validation and Agreement

(1) These standard terms and conditions serve as the settlement of the contract and utilization relationships between Bidsbull and the users (named in the following text as participant), for the services offered on this website, called "auctions". The terms and conditions apply to every participant, natural or juristic person. The participant agrees to these standard terms and conditions by checking the check box: "I declare, that I have read and understand these standard terms and conditions, and accept them", in the process of the registration of his or her user account.

(2) These standard terms and conditions also apply in full, to participants without an active registration.

(3) Bidsbull reserves its right to change these standard terms and conditions without explanation and declaration of any reasons. Users/participants will be immediately informed of any chnages via email. The new standard terms and conditions are considered as accepted by the users unless they notify Bidsbull otherwise via e-mail within two weeks of receiving notice of the changes. This standard terms and conditions are in force effective January 5th, 2009.

§ 2 Completion of a contract, eligibility, registration

(1) Contracting party of the participant/user is the Valuga Software International Limited, Suite 31 Don House, 30 - 38 Main Street, Gibraltar

(2) Every person over the age of 18 years is entitled to participate, except employees of Bidsbull and their relatives. The contract for the purchase of Bulls (see paragraph 5 in the standard terms and conditions) by the user/participant is complete only after acceptance by Bidsbull. The user's offer is made through an online form by clicking the button which says: "authorize payment". Acceptance by Bidsbull is confirmed via email to the user.

(3) Participants are asked to register by completing the required data found in the registration form. Please read our data protection regulations found in our Privacy Policy. We permit every participant to register only one time, through submission of their postal address (registered residence). Bidsbull is firmly committed to the confidentiality of the users' password and other personal information. The password will not be accessible to nor revealed to third parties by Bidsbull. Bidsbull will never request the user's password by any means, including phone or email. The user is personally liable for the usage and access of his or her user account and its password. If a violation of established policy occurs, legal action against the user may be initiated.

§ 3 Acquisition of "Bulls"

(1) To participate in Bidsbull auctions users must purchase "rights" for bidding, called "bulls". This can be done via the button "Buy Bulls" in the menu, followed by the necessary payment. The purchase contract for buying "bulls" is automatically accepted when we transfer your "bulls" to your user account. Payment via your credit card is due immediately after acquisition. Bulls are not valid or usable until paid via your credit or debit card. The user agrees that his/her payment details will be forwarded to his/her chosen credit card company to fulfill the payment.

§ 4 Exclusion of users

(1) The acceptance of users is at the sole discretion of Bidsbull. An exclusion will take occur if the user violates legal regulations, third-party rights, any part of the standard terms and conditions, including other Bidsbull partners, suppliers or the portals operator. This also applies when nonpayment occurs or if the user violates the privacy of other users.

(2) Bidsbull reserves the right without prior notice to change, restrict or discontinue offered services. This does not apply to existing auctions.

§ 5 How the Bidsbull auctions work

(1) Auctions will be held for a specific time frame. The remaining time left of an auction will be shown next to each auction. The user may place a bid anytime during the auction. The fee for a bid depends on the current price (listed in a valid price list) at the time of the placement of a bid. The auction terminates at the end of the preset time frame. The lowest unique bid will be accepted. All other bids for this auction expire. The cost of any paid fees for placing bids will not be refunded. During the time frame of an auction, the users will be immediately informed on the status of their placed bids via an email. If the status changes or bids could not be placed you will be informed immediately. The user acknowledges to have read, understands and accepts the terms and conditions.

(2) A placed bid is considered a contract to buy if the bid is the lowest unique bid when the auction time expires. Acceptance is concluded as described above when the auction terminates. The price equals the amount bid; Bidsbull pays the cost of ground shipping of the prize to the winner's registered address. For acquisition of the sold article, the user must complete the purchase as agreed upon in paragraph 7 of these terms and conditions. The interest cannot be transferred to a third party nor charged to a third party.

(3) If the requirements for acceptance of a bid (lowest and single bid for a certain price) are not fulfilled, the transaction is considered null and void. The article remains property of Bidsbull. All other bids for this auction expire and the cost of any paid fees for placing bids will not be refunded.

(4) Due to the variance of data transfer speed and capacity as well as busy bidding times, it may be possible that some bids placed immediately before auction termination will not be recognized in the system. Also the counter which displays start and end time of an auction may differ slightly due to data transfer delays. This may occur when bids are placed in intervals close to auction end. When bids are placed in intervals, the system has to work on several single bids at the same time. It is possible that some of the single bids which are included in an interval bid will not be accepted by the system before the end of auction. Placed interval bids are handled by the system in ascending order until the auction ends. The accepted single bids of an interval bid can be seen under "My Bidsbull" or "bid status". Bidsbull will inform the user immediately if there have been any unaccepted bids due to the reasons mentioned above, and will put back any used bulls to the users account. This regulation is only valid for bids that have been placed online with bulls. Bidsbull has designed its portal and associated technical capacity in a way to keep the percentage of placed, but not accepted, as low as possible. Nevertheless Bidsbull suggests not placing bids, especially interval bids, at the last minute before an auction ends. This will ensure all placed bids can be accepted and considered. Bidsbull is not responsible for a non considered bid placed just before the auction ends, due to technical reasons as stated above.

§ 6 Terms and Condition of sale

(1) The sales contract is settled within the scope of the sales transaction between the user whose bid has been accepted and Bidsbull, in accordance with Paragraph 2, above. The price is settled with the lowest unique bid accepted at the end of an auction. The timeframe within which the successful bidder has to pay for their prize starts immediately with termination of the auction. Winners will be notified via e-mail and must purchase the article within 21 business days of the auction's end. After expiration of this deadline the article remains as property of Bidsbull.

(2) It is the user's obligation to be aware of the end of an auction. The user will be informed and notified about winning an auction via e-mail to their registered e-mail account. An invoice for the bidding price will be sent to the user via email after the winning bid has been confirmed. Irrespective of billing, the user has to pay the total price within 21 days after acceptance of the order. This 21 day deadline is determined by the date upon which the winner's funds have been accepted by Bidsbull's bank. After expiration the 21 day time limit, Bidsbull is deemed to be released from its obligation to accept payment from, and ship articles to, the successful bidder. The contract, and its declarations, including any claim of the user on delivery of the article, is considered expired without substitution. Paid and used bulls will not be repaid to any user in any case. Delivery of an article will start after the invoice is paid, and article will be delivered within 3-4 weeks of accepted payment, unforeseen shipping problems notwithstanding. Bidsbull has the right to withhold shipment of a prize based on the standing of the winner's account; specifically, all bulls issued must be paid in full and the user's account has to be held in good standing to qualify for performance and delivery. Please note that any payments received will be first used to cover the user's liabilities from acquisitions of bulls.

§ 7 Cancellation policy

(1) Cancellation and return policy

If the buyer receives the item not as described and/or damaged, the buyer must notify Bidsbull.com in writing within 24 hours of receipt of the item. The written notice can be sent via email. The buyer is to ship the package back to the sender and will be reimbursed or credited the cost to return the item. Limitations: the item must be sent back in original packaging and in unused condition. <<< The cancellation has to be sent to:

Valuga Software International Limited
Suite 31 Don House
30 - 38 Main Street
Gibraltar

§ 8 Unforeseen malfunction of system

(1) Although our system is state of the art, technical problems that render the site inoperative can occur. If this happens and the nature of the problem is deemed to be of a short nature, all auctions will be put on temporary hold and then resumed after the technical problem has been resolved. In the unlikely event that a problem occurs that necessitates the suspension of auctions, Bidsbull cannot be held responsible for refunds of already spent bulls. Neither Bidsbull nor the operator of this portal can be held responsible or warrant for the permanent provision of the system. Bidsbull, or the operator of the portal, cannot be held responsible for damages which can occur due to technical reasons if the user is not able to place bids on time or at all.

§ 9 Legal succession

(1) Bidsbull reserves the right to transfer all or only part of its rights and obligations to its legal successor at any time.

§ 10 Exclusion/ limitation of liability

(1) Bidsbull assumes no liability for any user's actions and the consequences or arising charges of other users or third parties. Punitive or substantive damages that arise against Bidsbull as a result of user's actions are the responsibility of the user. The user is responsible for any cost which may arise for legal defense, court fees, expert witness and/or other costs related to an extrajudicial and/or judicial law suit. We accept liability for damages with respect to loss and damages suffered by you as a direct result of our providing services. All other liability is expressly excluded.

(2) Once the user has accepted the registration contract Bidsbull is liable only for typical and foreseeable damages. Liability for indirect damage such as lost profit is excluded. This exclusion of liability is not valid in the case of malice or an act of gross negligence by a legal representative, an executive employee or any other vicarious agent of Bidsbull. This is also not valid for liability in the case of a damage that is the result of an injury to life, body and health. Likewise it is not valid in a case of infringement of fundamental contractual obligations, debtor's delay or the impossibility of performance conducted by Bidsbull. This exclusion of liability furthermore is not valid wherever Bidsbull has made express warranty or guarantees.

§ 11 Intervention in data and information processing

(1) All users are expressley prohibited to intervene, influence, disturb, copy without permission, distribute or manipulate in any way, the underlying data processing system of the Bidsbull auction website - either by you or through a remote party or help of a technical program. This also applies on the website's layout. The assignment of bidding software by the user is prohibited and can lead to exclusion of the user.

§ 12 Written form, applicable law and legal domicile

(1) Declarations concerning the contractual relationship towards Bidsbull must be sent to the address, stated in the legal information or via email in written form. In contractual relationships with companies, parties agree on the application of Gibraltar law under exclusion of the UN sale of goods law. If business people are participating in a contractual relationship with Bidsbull, both parties agree on Gibraltar as their legal domicile. In doubt of venue in the range of civil justice in front of district courts, both parties agree on the district court of Gibraltar.

§ 13 In Part or in Whole clause

(1) In the event that one of these terms and conditions is void in parts or entire, all other terms and conditions will remain as valid.