1. General / Scope

The following General Terms and Conditions shall apply exclusively to the business relationship between Sofina GmbH and its internet platform www.telebid.com (hereinafter: "TeleBid") and our users in the version applicable on the date of use. By participating in TeleBid, the user accepts the following General Terms and Conditions, as well as the manner in which TeleBid and its “BidButler” operate as described on the website www.telebid.com.Telebid does not recognize any terms and conditions set by the user that differ from these unless TeleBid has agreed to their validity in writing.

Any special promotions presented by TeleBid shall only be valid if they are announced on TeleBid’s website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the auction(s) that are part of the particular promotion has/have ended, the promotion is ended.

Commentary and other materials posted on the TeleBid website are not intended to amount to advice on which reliance should be placed. TeleBid 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 TeleBid website or by anyone who may be informed of any of its contents.

2. Eligibility to Participate / Registration with “My TeleBid” / Disqualification

By placing an order through the TeleBid site the user warrants that they are legally capable of entering into binding contracts, they are at least 18 years old.

Employees and relatives of employees of Sofina are not eligible to participate.

Registration with “My TeleBid” is not required for use. Non-registered users can also participate in the auctions, at present by phone. However, only registered users can use the full functionality of “My TeleBid”, in particular the BidButler and the other TeleBid options. TeleBid therefore recommends that all users register with “My TeleBid”. Each user may register only once under their postal address (only the actual residence, no post office boxes, etc.). During the registration process, the user must choose a user name. The user name may not offend common decency or infringe upon the rights of third parties. The associated password is to 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 TeleBid, shall inevitably result in the disqualification of the user and the report of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.

TeleBid is free at any time to temporarily or permanently disqualify the user. Users will be disqualified when in the reasonable opinion of Telebid a member has violated statutory provisions or the rights of third parties. A disqualification can also occur if TeleBid 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. Please also see our separate acceptable use policy.

Furthermore, TeleBid reserves the right in its absolute discretion to restrict the number of auctions in which a user may participate or may win.

3. 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 “BidPacks”) at the currently applicable prices, which can be viewed in “My TeleBid” under “Buy Online Bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the user’s TeleBid account, a contract for the purchase of the bids materializes. The invoice amount for this is due immediately.

Payment can be made by credit card or via payment agent.

Should a payment not be honoured for a user, a returned payment fee will be charged. Solely the user shall be responsible for these fees. TeleBid 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. 

Several bids (e.g. "freebids") have a time limit. Upon expiration of the time stated, the bids expire and can no longer be applied. There will be no refund in this case.

4. Bidding / Bid-Butler

For online bidding, an individual bid can be submitted by clicking, or the BidButler can be used. Once a bid is submitted it is no longer valid and is deducted from the user’s account accordingly.

Non-registered users can only bid in auctions by calling the phone number provided (pay-per-call number) and by entering the corresponding auction number. The costs for the bid are invoiced to the user via the telephone provider. Depending on the telephone provider, the costs for the call from a BT landline to the pay-per-call number may differ from the stated costs in the amount of 50p. TeleBid can only consider a telephone bid if the user’s phone number is displayed. The user must, therefore, disclose his or her phone number to ensure that TeleBid can allocate the win to the caller.

The BidButler assists bidders in being able to bid in an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more BidButlers. The BidButler automatically submits bids according to the specifications set in advance by the user. The user can read about precisely how the BidButler operates in the “Help” section. The user is prohibited from using bidding software not authorized by TeleBid, and doing so will result in immediate disqualification from use (see clause number 2 Eligibility and the Acceptable Use Policy).

5. How the Auctions Work

With each bid submitted, be this by online bid or by phone, the price of the item on which the user is bidding increases by 10p, and in the case of specially marked auctions, by other amounts as well (e.g. 1p in the case of “Penny-Auctions” or 7p for international auctions). A bid submitted by the user constitutes an offer from that user to TeleBid to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in clause number 6 and will be the user who has submitted the highest bid (auction price) as the last bidder.

Each new bid starts off a new “remaining time” for the auction. The remaining time for each of the auctions is shown on the screen. The auction ends when no more bids are submitted within the remaining time stated. The user who 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 TeleBid’s database and TeleBid’s decision regarding who is the last bidder shall be final (save in the case of manifest error).

6. Notification of the Win / Acceptance of the Win / Payment

After the auction has ended, the last bidder (“winner”), who is logged on with “My TeleBid”, will see a “congratulation page” displayed with all of the important information such as the total price (auction price plus shipping costs), the Sofina GmbH bank details, etc. The user must actively confirm the win by following the steps indicated on that page or elsewhere on the website. As soon as the winner has clicked on “Confirm” on the “congratulation page”, the win is accepted. In the event that the winner has not confirmed the auction he or she won within 21 days shall be entitled to deem that the winner has revoked the contract, TeleBid can withdraw from the contract. The winner’s right to delivery of the item will then be permanently revoked. There is likewise no entitlement to replacement of the bid used. The winner will also receive a notification of the win by e-mail with a request for payment. Telephone bidders will be called by TeleBid if their phone number was displayed during bidding (in this regard, see clause number 4).

The user must pay the total price (auction price plus shipping costs) no later than 7 days after the notification of the win is sent. After this deadline has passed, TeleBid 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 the bid used.

The item is not sent to the user until the total price has been paid to TeleBid. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. 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. TeleBid reserves the right to charge the winner reasonable storage charges for the items not paid for.

An invoice containing the auction price and shipping costs will be sent to the user by TeleBid upon delivery.

7. Cancellation / Rescission

TeleBid grants to the user ordering for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the consumer but this does not affect the consumer’s other rights.

Contracts with parties who are not consumers are treated by TeleBid as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by TeleBid or required by law).

8. Delivery

Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier’s warehouse or from our warehouse to the address provided by the user. Deliveries are made solely within the UK (exclusively on the mainland, otherwise only upon inquiry). Users in other countries must have a delivery address within the UK. Statements regarding delivery deadline are not binding insofar as the delivery date has not been committed to as an exception. TeleBid shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to the supplier upon taking delivery.

Should TeleBid not be able to deliver the item ordered, and this is not the fault of TeleBid due to the fact that the supplier has not satisfied its contractual obligations to TeleBid or does not do so in a timely manner, TeleBid shall be entitled to declare rescission to the user or to substitute the item with a comparable replacement product with the same or better features. The user’s rights under the law shall not be affected hereby.

9. 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 TeleBid.

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 TeleBid’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. Telebid shall have full rights of access to the place where the item is located during normal business hours to take possession of it.

10. Damages / Reimbursement of Expenses / Limits on Liability

Claims for damages by the user against TeleBid, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.

In particular, TeleBid shall not be liable for faulty operation of the telephone or computer during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or 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 TeleBid, 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 TeleBid in writing or a defect was fraudulently concealed.

Insofar as TeleBid is insured for its liability for any damage, TeleBid 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.

11. 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.

Subject to the preceding paragraph should there be a defect in the purchased item, the statutory provisions set down in §434 et seq. of the German Civil Code shall apply.

The item descriptions provided according to the best of TeleBid’s knowledge and belief do not constitute contractually stipulated features and characteristics as intended in §434 of the German Civil Code, but rather serve only to provide information to the user. 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 TeleBid the item already delivered within 30 days at TeleBid’s expense. The return of defective items must be done in accordance with the statutory provisions set down in §§439 paragraph 4, 346 through 348 of the German Civil Code. TeleBid reserves the right to assert damages under the conditions set down by law.

12. 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. In such case, the remaining times for the auctions and the established amounts of bids and the auctions will be temporarily halted. After the disruption has been eliminated, the auctions will be continued. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

With the current state of the art, it is not possible 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”). TeleBid 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, Telebid shall not be liable for any damage whatsoever incurred by auction users or third parties from using TeleBid’s services. In particular, TeleBid shall not be liable for damage that occurs due to bids submitted by auction users not being received by TeleBid or not being received promptly or not being considered as a consequence of technical faults.

13. Applicable Law / Severability Clause

German law shall apply and shall exclude application of the UN Convention on the International Sale of Goods.

To the extent legally permitted, the place of jurisdiction is Munich.

14. 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 Data Protection Statement.

15. 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 TeleBid website. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.

16. General

The contract between TeleBid 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 General Terms and Conditions or any of their rights or obligations without TeleBid’s prior written consent.

TeleBid has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting TeleBid’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in TeleBid’s 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 TeleBid website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or TeleBid notifies its users of the changes to such policies or General Terms and Conditions before TeleBid sends information relating to dispatch (in which case TeleBid 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).

TeleBid is the owner or licensee of all intellectual property rights on the TeleBid 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 TeleBid website for commercial purposes.

Note:

Due to the billing of charges, we would like to advise all users to monitor their calling and bidding practices. Dialing pay-per-call numbers frequently or repeated online bidding can incur high costs. Users should therefore pay attention to their calling practices and check their telephone charges regularly. It is also possible to have 0901/0906-numbers blocked by the particular network operator.