May 2015
Welcome to Swilcan Bids. These terms and conditions apply to the services available from the domain and sub-domains of www.swilcanbids.com provided for U.K. and EU users, (together, the "Site"). If you reside in the U.K. and other EU Countries, by using the services of the Swilcan Bids website (swilcanbids.com and other sites where this user agreement appears) you are agreeing to the following terms with Swilcan Bids.
Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a registered user of Swilcan Bids, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between yourself and Swilcan Bids
This User Agreement is effective from the 2nd of May 2015, for users that have registered on or prior to this date, and upon acceptance for new users.
For all intents and purposes under these terms and conditions:
2.1 The following General Terms and Conditions of this User Agreement shall apply exclusively to the business relationship between Swilcan Bids and its Internet platform www.swilcanbids.com (hereinafter: "Swilcan Bids") and our Users in the version applicable on the date of use. By participating in Swilcan Bids, the User fully accepts the following General Terms and Conditions of this User Agreement, as well as the manner in which Swilcan Bids operate as described on the website www.swilcanbids.com. Swilcan Bids does not recognise any terms and conditions set by the User that differ from these unless Swilcan Bids has agreed to their validity in writing.
2.2 None of the content on the Swilcan Bids website is intended to amount to advice on which reliance should be placed. Swilcan Bids 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 Swilcan Bids website or by anyone who may be informed of any of its contents.
2.3 We may at any time and at our sole discretion revise these terms and conditions to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the terms and conditions in force at the latest time that you accept them, unless any change is required to be made by law, in which case it will apply to orders previously placed by you or if we notify you of the change, in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within 7 days of receipt by you of the changes made.
2.4 You may be required to agree to additional terms and conditions from time to time.
3.1 You may not use Swilcan Bids if you are under the age of 18, you are not able to form legally binding contracts, or if your Swilcan Bids membership has been suspended.
3.2 Users on swilcanbids.com must be UK or EU residents to place Bids on swilcanbids.com Lowest Unique Bid auctions.
3.3 Employees and relatives of employees of Swilcan Bids are not eligible to participate in Swilcan Bids services.
3.4 Users are participating as an individual only and not as part of a commercial or reseller organisation.
3.5 Each User may register only once, using their residential postal address. Non-residential and post office box addresses may not be used for registration purposes. During the registration process, the User must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names or user names that imply marketing related names are strictly prohibited. Swilcan Bids reserves the right to change or delete a user name if it finds a User violating Swilcan Bids’ terms and conditions. The associated password must be kept secret by the User. In general, the User shall be liable for all activities that are undertaken using the User account together with the associated password.
3.6 The User must provide a legitimate mobile phone number during the registration process. This is done in order for Swilcan Bids to authenticate the User and prevent future misuse of the service. Should a User change his or her phone number linked to his or her Swilcan Bids user account, the User's account status will become suspended. The account status remains suspended until the User confirms the phone number change with Swilcan Bids. During this time the Users cannot place Bids.
3.7 User accounts are non-transferable. Only one person may use any one particular user account. Swilcan Bids will not discuss a user account with any person other than the person registered with the user account.
3.8 Swilcan Bids reserves the right to restrict the number of user accounts that may be registered to a particular household.
3.9 Swilcan Bids has the right to verify the identity of each individual User. In the event of Swilcan Bids being unable to verify or authenticate the User's identity using reasonable endeavours, then Swilcan Bids may ask Users to provide photo ID, proof of address and other documentation as Swilcan Bids requires. Should such proof not be provided, Swilcan Bids has the right to suspend or permanently remove such unverified User accounts and withdraw any auctions won by such Users. Should a User refuse to upload the necessary documents, the User forfeits the right to receive any won items and will be refunded the amount paid for any auctioned items won but not yet delivered.
Bids placed will not be refunded as bid packages are non-refundable.
3.10 Users are only permitted to change their username once within the first 7 days of registering on swilcanbids.com. Any requests after this time period has lapsed will be refused.
3.11 Access to our website is granted on a temporary basis and we reserve the right to restrict or suspend access to the website or close it indefinitely at any time we deem necessary without prior notice. You are personally responsible for making all arrangements necessary for you to gain access to our website.
4.1 Any abuse of a User account or violation of these terms and conditions by a User will inevitably result in the disqualification of the User and may result in criminal proceedings. Swilcan Bids may, at any time, exercise its sole discretion to suspend or permanently exclude a User from participating in Swilcan Bids and any of its services. Swilcan Bids may exclude Users, if and insofar as, it is in the reasonable opinion of Swilcan Bids that a User has: breached a provision of these terms and conditions, violated any laws or infringed upon the rights of a third party. Swilcan Bids may exclude Users for any other reasons justified in the interest of protection of its Users or to prevent manipulation of any kind, including, but not limited to: Collusion/team bidding, use of unauthorized software (including bidding software or any other unauthorized software), one person using more than one account, or a User not paying for Credits. Users will also be excluded if there is reason to believe that the User has been reverse engineering, decompiling and disassembling any portion of the web site, server or software provided by or run by Swilcan Bids.
4.2 Collusion includes co-operation between two or more Users that limits open competition, discourages other Users from participating in an auction, can be viewed as team Bidding or any other team use that detracts from the spirit and enjoyment of the Swilcan Bids auctions. Collusion includes any activities that give the impression that there is more competition for a product than there actually is:
4.2.1 Users in a group all bidding on the same item to give the appearance that there are many Users going after the item
4.2.2 Users allowing one group member to Bid on an item and then stop bidding and having another group member begin bidding on the item
4.2.3 Members of the same household/family/group of friends bidding in tandem on an item
4.2.4 Pooling of money between Users for any auctions
4.2.5 A group of Users intentionally targeting a single customer
4.3 Those proved to be involved in collusion will be issued with a written warning for the first offence. Should, however, the first offence be deemed serious in nature (at sole discretion of Swilcan Bids), Swilcan Bids has the right to suspend a User with immediate effect. Suspended users will forfeit the value of credits and / or monies spent to fund the act of the collusion offense. User's forfeited credits and / or monies will not be refunded. If the User is found to be colluding again then they will suspended permanently.
4.4 In the event that Swilcan Bids suspects that Users are working in collusion with each other, Swilcan Bids reserves the right to investigate the matter further. In the event that Swilcan Bids determines two or more Users are colluding, Swilcan Bids reserves the right to disqualify the User/s. Users whom have been found to be colluding by Swilcan Bids will be disqualified from any auction in which they are determined to be colluding in and will not be refunded any Credits used in the auction. Swilcan Bids may contact these Users and provide them with a list of Users that they may not participate in the same auctions with/against. Only one person is allowed to Bid on one individual auction. The person may not be the member of a colluding team. Members of the same household, family members, partners, spouses and friends will not be allowed to participate in the same auction. If there is an exceptional circumstance, such as a credit card not working, a User may contact Swilcan Bids ahead of time and ask for a special exception. It will be at Swilcan Bids discretions whether or not to approve any outstanding circumstances.
4.5 Swilcan Bids reserves the right to disqualify Users who have created more than one account. Swilcan Bids further retains the right to disqualify User accounts where it can be proven that more than one person has been Bidding from one account.
4.6 Swilcan Bids has the right to disqualify a User and/or his winnings if Swilcan Bids deems that a particular User/s have used unfair means to win an auction. Swilcan Bids shall neither be liable to return any Credits, purchased or non-purchased, nor is Swilcan Bids liable to reimburse any monies that have been used to purchase Credits or products. This is to protect the right of its Users as well as Swilcan Bids itself.
4.7 Users that violate any of these rules and terms, who are disqualified or have had their accounts suspended cancelled by Swilcan Bids will NOT be entitled to receive any item won or purchased from swilcanbids.com and will forfeit the remaining credit balance in their respective account.
4.8 Also, Users that cancel their Swilcan Bids User account will not be entitled to a refund of any used or unused Credits.
4.9 Swilcanbids.com is UK based with operations in several countries. swilcanbids.com operations are bound by all applicable laws. If your IP address is based outside of our normal area of operations, we may suspend the service because we may not be properly licensed to operate in that country and also to preserve the quality of service for our local customers.
Registering and placing Bids on our Lowest Unique Bid Auctions from the United States is strictly prohibited.
Additionally, registering on any of the swilcanbids.com platforms from any country in which swilcanbids.com does not operate is strictly prohibited. Failure to comply with this will result in the automatic termination of the User's account. Furthermore, any User that violates this rule will NOT be entitled to receive any item won or purchased from swilcanbids.com and will forfeit the remaining credit balance in their respective account.
4.10 Users may not hold Swilcan Bids responsible for any loss they may incur as a result of Swilcan Bids taking any of the actions outlined above. Any of the actions outlined above may lead to the suspension of service.
5.1 Credits can be purchased in packages (so-called Credits Packages) at the currently applicable prices, which can be viewed under Purchase Credits on www.swilcanbids.com
5.2 The Credits must be paid for in advance. The purchasing process requires Users to confirm payment by completing checkout. This is done to make sure that the choice being made is intended. Purchased Credit Packages are non-refundable. Payment can be made by a range of payment options, including but not limited to, a valid debit card, credit card and PayPal.
5.3 When the Credits are purchased and deposited into the User's Swilcan Bids account, a contract for the purchase of the Credits is created.
5.4 Should a payment for Credits not be honoured by a User's financial institution, a returned payment fee will be charged to the User to cover the additional administrative costs incurred by Swilcan Bids. Swilcan Bids reserves the right to block access to the User account until payment in full of the invoice amount, including any fees due for returned payment, etc., and to withhold any outstanding deliveries until payment in full. Swilcan Bids also reserves the right to temporarily block access to an unverified user account that appears to be abusing the spirit of Swilcan Bids by purchasing large volumes of Credits until identification has been verified.
5.5 Discount codes must be used during the specified time in order to be valid. Discount codes will not be applied retroactively.
Please check the terms and conditions of each discount code for details.
5.6 Any special promotions presented by Swilcan Bids shall only be valid if they are announced on Swilcan Bids website, Swilcan Bids newsletter; Swilcan Bids produced T.V, radio or print advertisements. Any promotions of a limited duration shall likewise be announced on the website or Swilcan Bids produced newsletters, T.V, radio or prints advertisements. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended. Promotional codes are non-transferable.
5.7 Swilcan Bids credits can not be used for our Buy, Sell or auction platform.
6.1 To place a Bid on our Lowest Unique Bid Auctions, you must first purchase credits.
In certain instances, we may add free credits to your account when you register with us, in which case you may use these free credits to pay for your initial bids.
6.2 You will place your bid by clicking on the bid icon under the item you wish to bid on. You should then enter the amount that you would like to bid into the box that is displayed and click on place bid to confirm your bid amount. You will then be advised if you are currently winning this item, if your bid is unique but not the lowest or if your bid was not unique.
6.3 All bids placed are valid only if all payments used to credit the user's account have been successful and no chargeback has been invoked by our payment gateway. We reserve the right to cancel or remove a user's bids if we believe that the user acted fraudulently or is in breach of these Terms and Conditions.
6.4 All bids are final and no refunds will be issued for bid prices paid by you unless the Auction is terminated by us. Your statutory rights are not affected by this term.
6.5 Once a Bid has been submitted, the required number of credits is deducted from your account and the bid cannot be retracted.
6.6 Free credits given in the registration process or any other promotion have a value of £0.00.
7.1 Auctions on our website follow a very simple structure and in order to provide you with the knowledge required to apply skill and judgement in the Auctions, we will provide you with the following data:
7.1.1 The item's RRP - this information is provided to the best of our knowledge and is usually the cost as advertised by the manufacturer of each item. We cannot guarantee that the RRP is always correct.
7.1.2 The credits required to bid - this is the amount of credits it will cost you to bid for the item. This is displayed as a number under the bid indicator for each item. For example if an item required 4 credits it will be shown as ‘Entry is _ Credit/s per bid’. The credits required varies between each of the auctions, so ensure you check this amount prior to placing each bid to ensure you are happy with the bid price.
7.1.3 The Bid Table - the Bid Chart shows you how far through the required number of bids the Auction is at any given time. The bid Chart will fill up with colour as more bids are placed until the bid Chart is a full circle.
7.2 As the auction progresses, the current winner will appear by clicking on the Auction item. You may track your own bids by viewing your Auction stats with ‘My Account’.
7.3 A unique bid is deemed to be a bid that is the only bid placed for a specific amount within a specific Auction. If a further Bid is placed by another User for the exact same amount, then both bids are deemed to no longer be unique and they both become non-unique bids.
7.4 In the event that there is no unique bid in the Auction when it closes, then the user who held the last Lowest unique bid prior to it being declared non unique will be the winner.
7.5 Swilcan Bids reserves the right to change the auction times at any time. Additionally, Swilcan Bids can add, reschedule or remove products from the swilcanbids.com website at any time without notice, including auctions which are already in progress or live. An auction is deemed to have closed when the Bid progress bar on the auctioned item counts closed. Users should be aware that the indication available to the User is an approximation which may be affected by network delays. The final decision of when an auction closes will be based on the timer used by Swilcan Bids servers. Swilcan Bids will use its best endeavours to ensure that User's timers are as accurate as possible. In the event that Swilcan Bids cancels an auction, Swilcan Bids may give Credits back to affected Users.
7.6 The last Bidder is determined by Swilcan Bids database. In the event of any dispute occurring, it is Swilcan Bids decision on who is the last Bidder which shall be final.
7.7 By placing a bid in an auction, the user enters into an agreement to purchase the auctioned product / item. Should a user decide not to purchase the auctioned product / item after placing a bid, swilcanbids.com reserves its right to retain the value of the spent credits as compensation for failure to purchase the product based on the User Agreement set forth in these Terms and Conditions.
7.8 If there is no activity on an auction for a period of 96 hours then the auction may be terminated by us. Upon termination all credits charged to users that have placed bids on the terminated auction will be returned into their account for use on future auctions.
7.9 We reserve the right to:
7.9.1 Suspend or terminate an auction at any time in the event of technical problems or to investigate suspected irregular or fraudulent activity
7.9.2 Limit the auctions that you may participate in (this is generally only for free bid auctions)
8.1 When an auction closes, a notification is automatically sent by email to the winning Bidder. Since auctions may close irregularly due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, Swilcan Bids reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all Users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via My Account on swilcanbids.com.
8.2 After the auction has ended, if the winner is online, they have access to all of the important sale information such as the total price, and payment options on the My Account page.
8.3 The winning User must actively confirm the win by following the steps indicated under My Account.
8.4 Swilcan Bids will withdraw an offer after 7 days unless the winner contacts Swilcan Bids with an exceptional reason for delayed payment. Swilcan Bids will hold the item for the winner under such circumstances for a period of time determined at Swilcan Bids discretion. In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 7 days of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning User's right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund Credits once the auction has ended, even if the winner does not exercise their option to purchase.
8.5 The winning Bidder will also receive a notification of the win by e-mail or SMS with a request for payment.
8.6 The item is not sent to the User until the total price of the item and any outstanding Credit payments due have been paid to Swilcan Bids. In such a case, any incomplete payment received from the winning Bidder will be regarded firstly as payments towards the Credits and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all Credits and the total price has been paid for in full. Swilcan Bids reserves the right to charge the winner reasonable storage charges for items won through Swilcan Bids auction but not yet paid for.
9.1 Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the User.
9.2 Deliveries are made within the UK including Northern Ireland (exclusively on the mainland, otherwise only upon inquiry) and listed EU countries.
9.3 We deliver the item won free of charge within mainland UK unless otherwise stated. Deliveries to Northern Ireland, Scottish Highlands, Channel Islands or other premium courier price attracting locations may incur additional charges. Delivery fees to EU countries will be added to the final fee, to be paid for by the winning bidder. Specific details are available by contacting us.
9.4 Swilcan Bids reserves the right to put an item on hold if information, such as product options, is required for, is missing. When a User sees an item as on hold in the control panel and has not received a notification, it will be the User's responsibility to contact Swilcan Bids in order to solve this case.
9.5 As Swilcan Bids works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. Obvious damage to the item or packaging during transit should be reported to the carrier by the winning User, if the item is damaged it should be refused, not signed for. If you wish to claim for concealed defects or damage after signing for an item, you must inform us about the damaged or faulty goods within 5 days of receipt. Swilcan Bids cannot accept responsibility for damaged or faulty goods once 5 days have lapsed. In all cases you must inspect your item either before or immediately after delivery. Failure to raise a query with Swilcan Bids concerning, a damaged or incorrect item within 5 days of delivery constitutes acceptance of the item as is. Swilcan Bids does not accept liability for damage or failure of products due to neglect or misuse by the recipient.
9.6 In the event that Swilcan Bids delivery partners are not able to deliver the item within a reasonable time, Swilcan Bids shall be entitled to offer the winning User a substitute item with comparable or better features, or to set aside the contract through rescission and offer a refund of any payments received for the auction item. This does not affect the User's statutory rights.
9.7 In the event that a User fails to provide a shipping address recognized by Royal Mail we will ask you for confirmation. If you fail to respond within 30 days with a valid address, your item will be forfeited.
10.1 Swilcan Bids grants to the User ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce.
10.2 The right to cancel does not cover purchase of Credits, 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. For the purposes of the Terms and Conditions. 'Media items' include without limitation audio products, video products, computer software or any similarly licensed item. Box sets or sets of any sort may only be returned in their entirety partial refunds for individual components from within a full set will not be issued. Media items will only be eligible for return in exchange for a replacement product if they are found to be faulty.
10.3 Any refunds due to you will usually be made payable to the account holder and issued to the postal address to which the account is registered.
10.4 Your statutory rights are not affected by this section of these Terms and Conditions.
11.1 You may choose to cancel the purchase order within 14 days of receiving delivery of the item. You can do this in written form (e.g. letter, fax, e-mail), without stating your reasons. We will provide you with a returns reference. If you choose to cancel the contract within this time you will receive a full refund of the price paid for the item (the winning bid), within 7 days of us receiving the item from you. You will not receive a refund for any of the credits used by you in the auction for this item.
11.2 Items must be returned to us in the same condition as they were dispatched to you, in adequate packaging and at your own cost and risk the returns reference must also be included on the packaging. You have a legal obligation to take reasonable care of this item whilst it is in your possession and this responsibility will only pass to us upon safe receipt of the item from your courier or parcel organisation. If you fail to comply with this obligation, we may have a right of action against you for compensation and any such compensation will be deducted from any refund that may be due to you.
11.3 Should we incur additional costs for insufficient postage paid by you, we reserve the right to deduct any such costs from any payment whatsoever due to you.
E-Mail: returns@swilcanbids.com
12.1 In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived there from (e.g. interest) as applicable.
12.2 If the User is unable to return to us the service or product received or is only able to return it in part or in a depreciated condition, the User will have to pay compensation to Swilcan Bids to cover the loss of value, unless the deterioration resulted from unavoidable use or as a result of a manufacturing fault.
12.3 In other respects, the User may avoid this duty to pay compensation by not using the item(s) as the User would his own property, and by refraining from any action that would detract from its value. Items that have been delivered via Royal Mail or another carrier should be returned via the same method in the original packaging where possible. In these cases, return is free of charge for the User. Items that cannot be returned via this method will be collected by Swilcan Bids agents through co-ordination with the User. The User must pay any compensation as required by depreciation of auction items delivered to the User, within 30 days after sending notice of cancellation.
12.4 If you decide to cancel after delivery and no misrepresentation has been made about the item by Swilcan Bids or any of its partners on Swilcan Bids, the customer is responsible for the costs of the return shipment.
12.5 Should Swilcan Bids incur additional costs for insufficient postage on the returned item, or for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above reasonable postal delivery costs, these costs will be deducted from any refund paid to the customer.
13.1 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 Swilcan Bids.
13.2 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.
13.3 The item delivered shall remain Swilcan Bids property until payment in full of the total price and the Credits used in the sales activity. Until such time as payment has been made in full the User undertakes to store the item safely and securely, including insuring the item against fire, theft and damage. Swilcan Bids shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
14.1 Claims for damages by the User against Swilcan Bids, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
14.2 In particular, Swilcan Bids shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the Bidder shall have no legal rights over the item.
14.3 This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of Swilcan Bids, its legal representatives, or parties assisting it in performance. This shall also not apply if Swilcan Bids expressly provided the guarantee for an item's features in writing or a defect was fraudulently concealed.
14.4 Insofar as Swilcan Bids is insured for its liability for any damage, Swilcan Bids can also assign any entitlement to insurance settlement to the injured party. The User shall be obligated to accept this assignment.
14.5 Liability for reimbursement of expenses shall likewise only be assumed in accordance with the stipulations above.
14.6 Liability for damage arising from loss of life and limb, health, or wellbeing, and that according to product liability law shall not be affected hereby.
15.1 The items are supplied on the basis that they are reasonably fit for any reasonable purpose to which the winner may put them and subject to what is authorized by the manufacturer in the instruction manual. All other warranties or conditions (whether expressed or implied) as to quality, condition or description (whether statutory or otherwise) are excluded to the fullest extent permitted by law.
15.2 The item descriptions on Swilcan Bids are provided according to the best of Swilcan Bids knowledge and belief. These descriptions do not constitute contractually stipulated features and characteristics, but rather serve only to provide information to the User. Images of products on swilcanbids.com may differ from those actually supplied.
15.3 In the event that the User is sent a replacement product for an item already delivered, the User shall be obligated to return to Swilcan Bids the item already delivered within 30 days at Swilcan Bids expense. Swilcan Bids reserves the right to assert damages under the conditions set down by law.
15.4 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 the User receives a faulty item, the User may find it quicker and easier to contact the manufacturer directly so that they can rectify the problem.
If the User chooses to return the item to us, please email to our Returns Support Centre (within 5 days of receipt) returns@swilcanbids.com.
15.5 If you find that Swilcan Bids has sent you an incorrect item, please contact us at returns@swilcanbids.com. A Swilcan Bids representative will then contact you with instructions on how to return the item. If the instructions provided by Swilcan Bids are followed there will be no charge for the return. Swilcan Bids will send the User the replacement as soon as the original item is received by Swilcan Bids.
15.6 The User must return the original item to Swilcan Bids within 30 days of our email confirming the issue of the replacement item. In case of delays Swilcan Bids holds the right to cancel the issue of replacement.
15.7 Returns which are classed by the customer as faulty and are later found to not be faulty may incur a charge to cover the costs of transporting and testing goods. Swilcan Bids acts as a reseller of products from reputable and responsible manufacturers.
15.8 If a defective product causes damage to property, personal injury or death, a customer should refer to the original manufacturer.
15.9 We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
15.10 Items sold on this website are generally intended for normal domestic and consumer use and not for resale or commercial use.
16.1 We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. Whilst we will use all reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the swilcanbids.com auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions will resume with the closing price at the point it was at the time of the technical problem, but that the timers may be lengthened or shortened as appropriate.
16.2 Swilcan Bids will use its best endeavours to notify the User that the auction has closed irregularly as soon as possible. In the event that the User has already paid for the item, the User will be refunded the amount paid for the item and the auction will be resumed at a later time.
16.3 Alternatively, Swilcan Bids has the right to restart all auctions from the beginning, once the technical problem has been rectified.
16.4 Swilcan Bids may attempt to return purchased Credits placed on auctions that had to be paused and then restarted from the beginning due to a third party technical problem. Free Credits will not be returned.
16.5 Should Swilcan Bids suspect that an unlawful action or actions against its terms and conditions brought the service down, it has the right to investigate the matter and take legal action against perpetrators.
17.1 We are unable to provide any technical service and or support. All requests for technical service and support should be made directly to the manufacturer of the item in accordance with their respective Terms and Conditions.
18.1 Any dispute or claim arising out of or in connection with these Terms or Conditions or any items purchased shall be governed by the sole jurisdiction of England Wales and Scotland.
19.1 In the event of a dispute between Users and Swilcan Bids, suit may only be brought in the court of Scotland. Swilcan Bids reserves the right to make changes to the terms and conditions at any time. The amended terms and conditions will come into immediate effect once published.
20.1 We treat the protection of all your personal data with extreme care and will never disclose your data to third parties for marketing or any other purpose. Details about how we process and store your data can be found in our privacy policy. By registering on our website you confirm that you agree to and accept the content of our privacy policy and you confirm that all of the information provided by you is accurate.
