General Terms & conditions
bid tv, price-drop tv and speed auction tv are trading names of sit-up Ltd ("sit-up"). These terms and conditions are applicable to your use of our services on sit-up's channels known currently as bid tv, price-drop tv and speed auction tv (each a "Channel") and their corresponding websites and the purchase of our products by auction via such Channels or websites.
A. Falling Price Auctions/Price-Drops
- A falling price auction is the sale of one or more of the same product where the price of the product decreases over time. This decrease in price may occur soon after opening the sale of the product and may subsequently be fixed at a certain price at the absolute discretion of sit-up. This type of auction is also referred to as a price-drop.
- A qualifying bid in a falling price auction is one which fulfils all the terms and conditions set out herein including without limitation that the bid received is at or above any reserve price specified by sit-up, is received and processed by sit-up at a price which ensures the buyer is one of the first X buyers, where X is equal to the number of products available in that particular auction. For example:- if 10 products are available, then it is a qualifying bid if, once the bid has been received and processed, it is within the first 10 qualifying bids for that auction.
- All bids are accepted on a strict time-controlled basis. Those bids received and processed first by sit-up will be deemed to have been received earlier than any subsequent bids. This may mean that the first customer(s) to have their bids accepted at a particular price will have a qualifying bid and other customers seeking to place a bid at the same price (or lower) at a later time may not be able to do so as the number of products left may be zero or the sale has been closed by sit-up or the auction has been terminated for some other reason.
- The channel and the relevant channel website will usually inform customers of the price required to place a new bid. By the time a customer seeks to place a bid, this price may have decreased in which case this lower price will be the price at which a customer's bid will be processed.
- At the discretion of sit-up, it may allow some or all qualifying bids to pay a lower price for the product than their most recent bid e.g. the price paid by the last person to place a qualifying bid.
- The auction will close when the quantity of products left is zero or alternatively when sit-up at its absolute discretion decides to close the auction for any reason(s) whatsoever, and the closing will usually be communicated by the TV presenter. The relevant channel web-site will also highlight the closing of an auction by showing the closed auction in the previous auctions section. In some cases, where the auction may close, at the sole discretion of sit up, before the quantity of products left reaches zero, the auction will either be suspended, cancelled or closed (and sit-up will have no liability to those customers who placed qualifying bids) or the number of qualifying bids received will be fulfilled at the price of the most recent qualifying bid.
- All bids made via the internet in advance of a falling price auction being live on TV represent the maximum amount a customer is prepared to pay for an item. During the falling price auction, these internet bids may become qualifying bids once the price has dropped to that level, but on a first come first served basis. So if, for example, the end of a falling price auction for 10 dressing gowns is approaching and there have already been 8 qualifying bids, leaving 2 remaining dressing gowns. If the auction has now dropped to £40 and 5 internet customers previously placed bids of £40, then the first 2 internet customers will have their bids processed and their bids will become qualifying bids. All 10 products will have now been allocated and the auction will close.
- Customers are limited to purchasing a single product or group of itemised products that are offered for sale as a single product package, in any one falling price auction.
B. Auctions Generally
- sit-up reserves the right to set a reserve price which may also be referred to as a frozen price or fixed price. Qualifying bid(s) must always be higher than or equal to any such reserve price, regardless of whether the existence of the reserve price has been communicated.
- All bids represent the maximum amount a bidder is prepared to pay for an item. A bidder's bid will be taken into account in each auction automatically up to but not over their bid amount.
- sit-up may set specific selling prices, for example, bids must be placed in multiples of £5. All auctions are conducted in £ sterling only and all amounts due are payable in £ sterling only. All credit cards will be charged in £ sterling regardless of the residence of the bidder. The prices of all goods and services are inclusive of VAT. sit-up will provide an invoice to customers with their delivery which will detail the amount of VAT paid.
- sit-up reserves the right to cancel, suspend, extend, close or withdraw any auction at any time, and with no liability for any bids or orders taken though it shall where practicable try to give customers notice of any such decisions. If an auction scheduled to be broadcast on TV cannot be shown on the day as scheduled, sit-up reserves the right to cancel, postpone, suspend or prolong the auction.
- sit-up will use its reasonable endeavours to receive and process any orders which are or become a qualifying bid, but cannot guarantee (and will not be held liable) if any potential bid fails to be accepted as a result of a technical or human error. If a customer's bid has not been processed for whatever reason, then sit-up reserves the right to offer that product to another customer who has not made a qualifying bid during the auction but who has offered a purchase amount equal to the closing price.
- The placement of a bid is legally binding and may not be withdrawn by the bidder after it is placed. As soon as a bidder's call is connected to sit-up or a bid is submitted on the channel's website (including advance pre-bids placed via the website), the bid is deemed to have been placed. sit-up will not be obliged to waive, or accept a request to waive, a bid. This does not affect the customer's statutory rights. By placing a bid, the customer accepts these terms and conditions. If the customer's bid is a qualifying bid then the customer accepts an obligation to pay a sum equal to the amount of their bid together with the stated cost of postage and packaging in respect of such item, or additional postage and packing costs in the case of non GB mainland delivery addresses (quotes are provided by Customer Services on request).
- No order or bid made by a person who is connected with an auction item will be accepted, including anyone connected with the supply of products to that particular auction or who is in any way connected with that supplier. sit-up staff or contractors may place orders or bid only in accordance with the current policy on staff participation in auctions.
- sit-up reserves the right to suspend or terminate a customer's participation in an auction, or take such other action in relation to the auction as it reasonably deems fit, if a customer takes any step which, in sit-up's reasonable opinion, breaches, or attempts to breach, any of these terms and conditions including without limitation the provision of false information, the refusal to pay for or accept delivery of goods, attempting to manipulate the outcome of an auction or committing any fraud. No further bid from or on behalf of any individual whose participation is so suspended or terminated will be accepted without sit-up's prior consent. sit-up reserves the right to bar certain telephone numbers and/or email addresses from accessing its system to place bids.
- £1 Auctions or Megadrops ("Megadrop"): In order to give customers an equal chance of successful participation in a Megadrop, whether bidding via the channel's website or by telephone, the following applies to all Megadrops:
- The announcement of a Megadrop will be made clearly on the TV and will include, but not be limited to, the TV presenter using the term "Megadrop", the price falling to £1 or screens in the studio saying 'Megadrop'.
- A customer with a qualifying bid at the time of announcement of the Megadrop will purchase the product at £1.
- Any bids placed after the announcement of the Megadrop but prior to the closure of the auction will be included in the Megadrop.
- In respect of any advance pre-bid placed via the channel's website, if the 'now at' price, as displayed on the TV graphics and website, at the time of announcement of the Megadrop is BELOW the value of a pre-bid, the pre-bid will be included in the auction. However, if the 'now at' price at the time of announcement of the Megadrop is ABOVE the value of a pre-bid, the pre-bid will become null and void and will not be included in the auction. The 'now at' price for an auction is displayed on the TV graphics and on the website.
- sit-up reserves the right, at its sole discretion, to cancel or refuse bids and bar the accounts of customers who win more than one Megadrop during any one week.
- sit-up shopping staff, friends, relations and any other persons connected with individuals who work for the company are NOT permitted to take part in the Megadrop sales . Any such individual who unwittingly takes part in the sales must cancel their order, either once called back by Customer Services or, if using No Call Back, as soon as possible thereafter.
- Calls to bid for items cost £1.50 per call from BT lines. Calls from some networks including mobile phones may cost more.
- Customers must be aged 18 or over. Customers are only able to purchase once per customer account in each auction. Only one customer account may be registered per person.
- Alcoholic beverages such as beers, wines and sprits can only be purchased by customers within the UK and who are aged 18 years and older.
- Knives (including sheath knives, all kitchen/cutlery knives) or bladed articles, by placing a bid you confirm that you are over the age of 18.
- Classified videos and DVDs, by placing a bid you confirm that you are over the age classified by the video/DVD.
- Christmas crackers, by placing a bid you confirm that you are over the age of 18.
C. End of Auction
- Once the auction has ended or closed, sit-up will use its reasonable endeavours to contact customers to confirm their order, and to arrange payment and delivery. If customers have already registered with a channel and have opted to use our "No Call Back" process or have registered and placed their bid via the Internet, then this will be an automatic process and goods will be delivered to the address specified on registration and the primary credit/debit card on that account will be charged the cost of the product plus postage and packing.
- If sit-up is not able to contact customers despite using its reasonable endeavours within a reasonably short time-period (which may be varied from time to time but which will usually mean one hour) on the telephone number they used to phone their order then the customer's qualifying bid will be deemed to have lapsed and sit-up will have no further liability to that customer and sit-up shall be entitled to offer the product to other prospective customers who tried to make a qualifying bid but did not do so successfully.
- In some exceptional cases, when we attempt to locate the product in our warehouse for dispatch to customers, the stock may be found to be damaged or missing from our warehouse. In these situations, we reserve the right to cancel the outstanding order and the customer will receive a telephone call to inform them of this situation. No monies will be taken from the customer's debit or credit card in such a situation.
- sit-up will only accept credit or debit cards in the name of the customer only and all cards must be registered to a UK address. Sufficient credit must be available on such card to cover the cost of any bid made, the costs of delivery (postage and packing) and any further costs the customer agrees to (e.g. express delivery, batteries etc).
- Deliveries can only be made to residential addresses. We are unable to deliver to business addresses or other non-residential addresses.
D. Returns
- Details of how to return goods to sit-up are dispatched with each order. Your statutory rights are not affected.
- If goods are damaged or faulty in any way or do not match the description given at time of sale then the goods should be returned to sit-up within 14 days of receipt, using the returns note provided, ensuring the reason for the return is completed. The customer will usually be offered an exchange, subject to availability. If the customer rejects such offer, or if a replacement product is not available, our operators will process a refund within 14 days of receiving the returned goods. Where products are damaged or faulty, the return carriage costs will be borne by sit-up subject to quality control check upon receipt of the product.
- Customers may elect to return their goods for a refund for any other reason within 14 days of the date they receive the goods, provided that they advise sit-up (by phone on 0844 811 6611 or contact us). No reason needs to be given. A full refund of the purchase price will be made once the goods have been returned, subject to quality control check upon receipt of the product. The original postage and packing charge will not be refunded and return postage is payable by the customer. Items must be returned in an unused condition and with their original, unopened packaging. The refund will be made as soon as practicable and not later than 14 days from the receipt of the returned products by sit-up.
- Customers' rights under this Part E are in addition to the cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000. Any customer may notify sit-up by phone on 0844 811 6611 or contact us, that he/she wishes to cancel their contract before the end of the statutory cancellation period (7 working days from the day after he/she receives the goods). The customer must then return the goods to sit-up along with the returns slip which is enclosed with the goods. Items must be returned in an unused condition and with their original, unopened packaging. Nothing under these terms and conditions affects customers' statutory rights.
E. Privacy Policy and Cookies
- sit-up treats the privacy of our customers with the highest integrity. In the interests of keeping our customers informed and up to date about our products and services, sit-up may occasionally forward information to our customers about specific products and promotions. From time to time, sit-up may also pass customers' details to carefully selected companies whose offers, in sit-up's opinion, will be of interest. If customers prefer not to receive such information, customers should write to sit-up at Customer Services, PO Box 45981, London, W3 0WJ quoting their customer ID number, requesting to be removed from the database. This will take effect within 28 days of receipt of the customer's request.
- sit-up will pass on customers' address details and phone numbers to carriers in order to complete the delivery of their purchase.
- sit-up uses data collection devices such as "cookies" on certain pages of its websites. "Cookies" are small files placed on the hard drive that assist sit-up in providing customised services. sit-up also offers certain features that are only available through the use of a cookie. Customers are always free to decline the cookies if the browser permits, although in that case customers may not be able to use certain features on the websites.
F. General Terms and Conditions
- All intellectual property rights including (but not restricted to) copyright and trademarks relating to sit-up's auctions and services are owned by sit-up and may not be reproduced or used in any other way, without sit-up's prior written consent.
- Images of products are invariably affected by the process of transmission on the web and/or television networks. sit-up endeavours to ensure that all the information set out on the channels and their websites are accurate and current but accepts no liability for any inaccuracies and/or any other errors and omissions that may occur. sit-up will correct any such inaccuracies, errors and omissions as soon as possible once it has been notified of the same. sit-up further accepts no liability for any losses or claims that may arise from any party's inability to access the channels or their corresponding websites or any interruption in access to the website or any technical problem which results in failure to take part in an auction. sit-up, while taking all reasonable precautions, cannot guarantee that the websites are free from infection including without limitation from computer viruses and assumes no responsibility for the content, operation or management of any other website.
- These terms and conditions together with statements made by the presenter and graphics on air contain the entire agreement and understanding between sit-up and its customers. sit-up will not be responsible for any failure or delay in delivery of products ordered or any damage to such goods where such failure, delay or damage is caused by an event beyond sit-up 's control. If any part of these Terms and Conditions is at any time deemed unenforceable, the enforceability of any other part shall not be affected.
- All contracts will be concluded in English. English law governs each auction including all contractual and other relationships which arise out of such auctions. Customers and sit-up each submit to the exclusive jurisdiction of the English courts in relation to any disputes arising out of any auctions, although in the first instance, any such disputes will be referred to a Director of sit-up and thereafter arbitration proceedings may be suggested. Such proposals do not restrict a customer's right to commence legal proceedings in respect of any dispute.
G. Gift Vouchers
- When using sit-up Gift Vouchers for a sale on one of our channels customers must announce it to the agent in all instances at the beginning of the call. This will avoid any errors in processing as once the agent presses the 'confirmation button' on the bid, the voucher(s) can no longer be redeemed against that sale. Please Do Not use the No Call Back option, as we need to validate the Gift Voucher.
- When redeeming the Gift Voucher for a sale either on one of our channels or websites customers are required to give the voucher reference plus the security redemption code beneath the peel off panel.
- Gift Vouchers can be redeemed against a product purchase on all sit-up shopping and websites before the expiration date and in accordance with these terms and conditions. The Gift Voucher value will be deducted from the customer's total order value including postage and packaging and no change will be given. More than one Gift Voucher can be used per order.
- Gift Vouchers cannot be used in conjunction with any other offer, promotion or voucher and cannot be refunded or exchanged for cash or other gift vouchers. Gift Vouchers can only be used after successful registration with sit-up.
H. Contact Us
bid tv, price-drop tv and speed auction tv are trading names of:
sit-up Ltd
Unit 11 A/B
Acton Park Industrial Estate
Eastman Road
Acton
W3 7QE
Any questions regarding these terms and conditions should be addressed to:
The Auction Master
sit-up shopping
PO Box 32504
W3 7FX
sit-up Ltd. Registered Address: sit-up Ltd, Unit 11 A/B, Acton Park Industrial Estate, Eastman Road, Acton W3 7QE. Company Number 3877786 Registered VAT number: 749 5282 92
If you want to contact Customer Services, please ring the following number:
0844 811 6611
Or email them through the Contact Us area.
Last updated 04/06/2010 |
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