§ A. About Bids-Plus
A.1 The entity you are contracting with is BIDS-PLUS Belgium - Mobile.etc
A.2 Bids-Plus is a marketplace that allows members to buy, sell, make offers and swap items. As a marketplace, Bids-Plus does not own or sell the items listed on this website, so the actual contract for sale is directly between the members (buyers and sellers). Our only role is to publish member advertisements, facilitate transactions, and mediate any possible claims between members.
A.3 Bids-Plus has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of member's content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item as these commands are exclusively under the responsability of members involved.
§ B. Member's Conduct, Limitations & Responsibilities
B.1 By using Bids-Plus website and services, you may not :
- Post, list or upload content or listings in inappropriate categories or areas on our website.
- Breach or circumvent any laws, third party rights, our systems, policies, site fees, or fixing of your account status.
- Use our services if you are not able to form a legally binding contract (eg. if you have not the minimum majority age and are under the age of 18 years), or are temporarily or indefinitely suspended from using any of our sites, services, applications or tools.
- Fail to pay for items purchased by you (as buyer), unless with proof that the seller has materially changed the item's description after your bid, that a clear typographical error was made, or that the seller doesn't respond on your multiple contact attempts.
- Fail to deliver items sold by you (as seller), unless with proof that the buyer failed to pay for the item, that the buyer failed to follow and respect your posted terms, or that the buyer doesn't respond to your multiple contact attempts.
- Manipulate the price of any item or interfere with other members' listings.
- Post false, inaccurate, misleading, defamatory, or libelous content (advertisings, feedback, messages...).
- Take any action that may falsely and intentionally undermine the feedback, and/or ratings systems of any members.
- Transfer your account and username to another user/member/person/party without our consent.
- Distribute or post spam, unsolicited or bulk e-mail communications, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm directly or any interests of Bids-Plus, or the interests and/or property of any Bids-Plus members.
- Use any bot, spider, scraper or other automated means to access or use any of our services for any purpose.
- Interfere with the functionality of any of our services, or impose an unreasonable or disproportionately large load on our infrastructure.
- Copy, export or re-export any of Bids-Plus coding, applications, services or tools.
- Copy, modify, or distribute rights or content from our services or copyrights and trademarks.
- Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Bids-Plus and the appropriate third party, as applicable.
- Commercialize any Bids-Plus applications or any information or software associated with such applications.
- Harvest or otherwise collect any information about members, including e-mail addresses, without their consent.
B.2 Bids-Plus may cancel unconfirmed accounts, accounts that have been inactive for a long time, or modify and/or discontinue any of our services at our own discretion.
B.3 The abuse of any Bids-Plus services will limit, suspend, or terminate your member account; Restrict or prohibit access to your activities on our website; Delay or remove your content; Remove or modify any special status associated with your account; Reduce or cancel any discounts or vouchers and take technical and legal steps to keep you from using our services IF :
- We believe that you are creating unfounded issues, disputes, claims, or possible legal liabilities with us or any of the Bids-Plus members.
- We believe that such restrictions will improve the security of the Bids-Plus community, or reduce our or another Bids-Plus member's exposure to financial liabilities that we believe you are infringing the rights of.
- We believe that you are acting inconsistently with the letter or spirit of the website, these Terms & Conditions, and/or our policies.
- We are unable to verify or authenticate any information you provide to us.
- You fail to pay us all site fees due for our services by the payment due date and/or account balance limit.
- You do not manage any of your transaction functions in an accordingly manner (payment, processing order, receipt/invoicing, shipping, status updates, releasing held funds, messaging...).
B.4 When a buyer or seller issue arises, we may consider the member's performance history and specific circumstances in applying our policies. We may choose to be more lenient (at our discretion) with policy enforcement, depending on the current facts and past history, for both buyers and sellers.
§ C. Listing Conditions
C.1 When listing an item, you agree to comply with the rules for listing and selling outlined in the How to Sell ? section on the Help page, and that :
- You are responsible for the accuracy and content of the listing and item advertised.
C.2 Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Bids-Plus cannot guarantee exact listing durations. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to :
- Member's location, search query, browsing site, and history.
- Item's location, listing format, price, shipping cost, terms of service, end time, history, with relevance to the member's query.
- Seller account status, history and feedback.
- Number of listings matching the buyer's query.
§ D. Purchase Conditions
D.1 When buying an item, you agree to the rules for buyers outlined in the How to Buy ? section on the Help page, and that :
- You are responsible for reading and understanding the full item listing before making a bid, commiting to buy, or making an offer.
- You enter into a legally binding contract to complete the purchase and payment of the item when you commit to buy, if you have the winning bid (or your bid is otherwise accepted), or that your offer is accepted.
D.2 We do not transfer legal ownership of items from sellers to buyers. The Uniform Commercial Code § 2-401(2) identifies and applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise under their own responsibility and liability.
This code states :
Unless otherwise explicitly agreed, the title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest in the shipping
(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment (official proof of shipment required);
(b) if the contract requires delivery at destination, title passes on tender there.
D.3 Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. You may list your items directly on one or more of Bids-Plus international sites. Alternatively, we may display your listing on a Bids-Plus site other than the Bids-Plus site where you listed your item for sale, including those situations where you choose to list an item with an international shipping option (such as worldwide shipping). To assist users who may speak different languages, we may translate listings and other user and/or Bids-Plus content, in whole or part, into other languages. If you are a buyer, we also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an Bids-Plus user. The accuracy or availability of the translation resulting from such on-demand translation is not guaranteed.
§ E. Content
E.1 When providing us with content or posting content using Bids-Plus services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sub-licensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right :
Your provision of content to us; Your posting of content using our services and our use of such content (including of works derived from it) in connection with the services.
E.2 We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including Bids-Plus members). You may use catalog content solely in connection with your Bids-Plus listings. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings). We respond to notices of alleged copyright infringement.
§ F. Site Fees
The site fees we charge for using our services are listed on the Site Fees page. We may change our fees from time to time by posting the changes on the Bids-Plus site 30 days in advance. No advanced notice is required for any temporary promotions. We advise that you have a direct payment method configurated in your account when selling on Bids-Plus, and pay all fees and applicable taxes associated with our services by the payment due date and/or account balance limit. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms (This includes charging other payment methods on file with us, retaining collection recovery agencies and legal counsel at member's cost). In addition, you will be subject to late fees. Bids-Plus, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Bids-Plus reported to a credit bureau, or have any enquiries about site fees, please contact us at Bids-Plus Collections by e-mail to email@example.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Bids-Plus account, you must contact the collection agency directly.
§ G. Authorization to Contact
G.1 You agree to receive e-mails and telephone calls, including autodialed and/or pre-recorded message calls, from Bids-Plus at any of the e-mail addresses and telephone numbers (including mobile telephone numbers) that we have collected during registration, including e-mail addresses and telephone numbers that you have provided us directly, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number.
G.2 You agree we may contact you in the manner described above for these purposes :
§ H. Disclaimer of Warranties & Limitation of Liability
H.1 We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Bid update and other notification functionality in Bids-Plus' applications may not occur in real time. Such functionality is subject to delays beyond Bids-Plus' control. You agree that you are making use of our services at your own risk, and that they are being provided to you on an "AS IS" and "WHEN AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
H.2 In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Bids-Plus responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from :
- Your use of or your inability to use our services.
- Indications, publications and notices provided by Bids-Plus.
- Delays or disruptions in our services.
- Viruses or other malicious software obtained by accessing, or linking to our services.
- Glitches, bugs, errors, or inaccuracies of any kind in our services.
- Damage to your hardware device from the use of any Bids-Plus service.
- The content, actions, or inactions of third-parties, including items listed using our services or the destruction of allegedly fake items.
- A suspension or other action taken with respect to your account or breach of the Bids-Plus Terms & Conditions and policies of use.
- The duration or manner in which your listings appear in search results as set out in the Listing Conditions section above.
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms & Conditions, our policies or limitations to your account.
H.3 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third-party is limited to the greater of :
(a) The amount in dispute is the price the item sold for on Bids-Plus (including any applicable sales tax) plus the original shipping costs minus any amounts due to Bids-Plus.
(b) The amount in dispute is the total fees which you paid to us in the last 12 months prior to the action giving rise to the liability.
§ I. Member's Claims & Release of Responsibility
I.1 If you have a claim with one or more members that has arisen (or may arise) as a result of a sale or purchase of an item, product, or service from a listing on our website, our sole responsibility is to moderate, mediate and facilitate a resolution through the Dispute Resolution Center available on our website. All claims and/or disputes between members, only these members involved hold full responsibility and liability for these claims and/or disputes, whether first mediated (or not) by our services.
I.2 You thus release us (and our respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such claims with other members. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
§ J. Service Claims & Legal Disputes - Mediation and Arbitration Agreement
J.1 We are professionals and have the obligation to respect all our members so any service claims directed at us will be fully examined and a friendly resolution will always be favored. The agreement to moderate and arbitrate service claims also automatically recognizes members exclusively as individuals as in the acceptance and application of these Terms & Conditions.
J.2 You and Bids-Plus agree that any service claim and/or dispute at law or equity that has arisen (or may arise) between us relating in any way to or arising out of this or previous versions of the Bids-Plus Terms & Conditions, your use of or access to Bids-Plus websites, services, applications, and tools, or any services, applications, or tools sold or purchased through Bids-Plus website, will be resolved in accordance with the provisions set forth in this Service Claims & Legal Disputes section. Please read this Section carefully. It affects your rights and will have a substantial impact on how any possible claims you and we have against each other are resolved.
CEPANI (The Belgian Center for Arbitration and Mediation) is the sole association controlling the enforcement of this agreement to Mediate and Arbitrate if a resolution is not found between parties.
A. Applicable Law
Bids-Plus operates out of Belgium, so you agree that the commercial law is that of the EU and Belgium, without regard to principles of conflict of laws or equity, and will be applicable to govern the Terms & Conditions and any claim and/or dispute that has arisen (or may arise) between you and Bids-Plus, except as otherwise stated in the present Terms & Conditions.
You and Bids-Plus each agree that any and all service claims and/or disputes that have arisen (or may arise) between you and Bids-Plus relating in any way to or arising out of this or previous versions of the Terms & Conditions, your use of or access to Bids-Plus websites, services, applications, and tools, or any services, applications, or tools sold, offered, or purchased through Bids-Plus website, shall be resolved primarily through mediation.
The parties hereby undertake to apply the CEPAI Mediation Rules to all disputes arising out of or in connection with this Agreement.
The place of the mediation shall be Brussels - Belgium.
The proceedings shall be conducted in the English language.
Should the mediation fail, the dispute shall be finally settled under the CEPAI Rules of Arbitration by one or more arbitrators appointed in accordance with the said Rules.
The place of the arbitration shall also be Brussels - Belgium.
The arbitration shall also be conducted in the English language.
C. Agreement to Arbitrate
You and Bids-Plus each agree that any and all service claims and/or disputes that have arisen (or may arise) between you and Bids-Plus relating in any way to or arising out of this or previous versions of the Terms & Conditions, your use of or access to Bids-Plus websites, services, applications, and tools, or any services, applications, or tools sold, offered, or purchased through Bids-Plus website, shall be resolved exclusively through final and binding arbitration, rather than in a court.
YOU AND BIDS-PLUS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BIDS-PLUS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT ANY OTHER BIDS-PLUS MEMBERS.
§ K. Arbitration Procedures
Arbitration is a method of alternative dispute resolution that has a number of advantages to offer. When a dispute occurs between parties, they can agree to submit their difference to an Arbitral Tribunal composed of one or three persons. Such a dispute can derive from or be connected to a contractual or other relationship that exists between the parties. On the basis of the Request for Arbitration and the parties’ ensuing explanations, the Arbitral Tribunal will render a binding decision, an Arbitral Award. If necessary, this award may be enforced.
An arbitration proceeding may only take place with the explicit agreement of all the parties involved.
An arbitrator will apply the Terms & Conditions as a court would. The arbitrator, and not any local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms & Conditions including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms & Conditions is void or voidable.
Future changes to the Agreement to Arbitrate not withstanding any provision in the agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Bids-Plus prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Bids-Plus. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.bids-plus.com at least 30 days before the effective date of the changes and by providing notice through Bids-Plus messaging and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms & Conditions, any such termination shall not be effective until 30 days after the version of the Terms & Conditions not containing the Agreement to Arbitrate is posted to the website www.bids-plus.com, and shall not be effective as to any claim that was filed in a legal proceeding against Bids-Plus prior to the effective date of termination.
§ L. Indemnity
You will indemnify and hold us (and our respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach to these Terms & Conditions, your improper use (intentional or not) of Bids-Plus services or your breach of any law or the rights of a third-party.
§ M. Modifications, Date of Effect & Validity
If any provision of these Terms & Conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign these Terms & Conditions, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms & Conditions. We may amend these Terms & Conditions at any time by posting the amended terms on www.bids-plus.com. Our right to amend these Terms & Conditions includes the right to modify, add to, or remove terms. Except as stated otherwise in these Terms & Conditions or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. We may also ask you to acknowledge your acceptance of these Terms & Conditions through an electronic click-through. These Terms & Conditions may not otherwise be amended except through mutual agreement by you and a Bids-Plus representative who intends to amend these Terms & Conditions and is duly authorized to agree to such an amendment. The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Bids-Plus website. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions.
All the sections survive any termination of these Terms & Conditions and will continue to apply even after the use of Bids-Plus services by the member : About Bids-Plus; Member's Conduct, Limitations & Responsibilities; Listing Conditions; Purchase Conditions; Content; Site Fees; Authorization to Contact; Disclaimer of Warranties & Limitation of Liability; Member's Claims & Release of Pesponsibility; Service Claims & Legal Disputes; Arbitration Procedures; Indemnity.
Last date of change: 10/07/2014
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