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Terms & Conditions


Click2Bid 2017

General Rules

1. By participating in Click2Bid, you acknowledge that you have read, understand and accept these rules. The West Australian (hereinafter referred to as "the newspaper") reserves the right to update and change these rules from time to time and without notice.

2. The newspaper provides the auction-style online marketplace as a venue for sellers to advertise and promote items for you to bid on. The newspaper is not involved in any transaction entered into through the online marketplace except to the extent that the newspaper may collect the total purchase price for items other than real estate, automobiles or alcohol and as outlined herein. The newspaper is not involved in the buying, selling, exchanging or dealing of items in the online marketplace, nor is the newspaper soliciting orders on behalf of the sellers. The newspaper charges no fee to vendors for listing items in the online marketplace, nor to buyers who purchase items from vendors who participate in the online marketplace.

3. The goods and services offered through the online marketplace are provided on an "as is" basis. The newspaper makes no representations or warranties and there are no conditions of any kind, express or implied, statutory or otherwise, with respect to the goods offered through the online marketplace, including without limitation:
a) Implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;
b) Implied warranty arising from course of dealing or usage of trade;
c) Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of the newspaper.

4. The newspaper is not the vendor of the items and assumes no responsibility for the items in any respect. The respective sellers of each item are solely responsible for descriptions in the online marketplace including the condition, authenticity, representations as to title, price, and all other matters relating to the offer and the items for sale.

5. The online marketplace is open to any person 18 years of age and older. Employees of The West Australian are eligible to participate. Employees, Owners or Managers of participating businesses are also eligible to bid, but may not bid on items that are provided by their respective business/es.

6. As a registered bidder, you are prohibited from using any method, mechanism, device or software to affect the proper functioning of the online marketplace and website. The newspaper may, at its sole discretion and without notice, terminate the right of any participant in the online marketplace and/or use of the website.

7. All content on this website is the property of the newspaper or the sellers.

8. 'Sponsors' of the online marketplace have retained the rights to promote their brand, products and services as part of the auction-style online marketplace event and associated promotions.

9. The online marketplace is governed by and construed in accordance with the state laws of Western Australia and the federal laws of Australia. As a registered bidder, you agree to comply with all applicable laws, statutes and regulations regarding participation in the online marketplace and use of the website.

10. The newspaper reserves the right, at its sole discretion and without notice, to extend, terminate or modify the online marketplace, and the individual auctions for any of the items therein, in the event of unforeseen technical difficulties that alters the proper functioning of the online marketplace or prohibited bidding activity that alters the potential auction outcome for an individual or group of items.

11. The newspaper reserves the right to take up to seven (7) business days from the conclusion of the auction-style online marketplace to finalise the successful sale of the items available, and to declare a Winning Bidder ("Buyer").

Bidding Rules

1. The auction-style online marketplace commences on Friday 6th October 2017 at 8:00 AM WST and ends on Sunday 15th October 2017 at 9:00 PM WST. Starting and ending time is determined by the website clock. Bids will only be accepted during this time period.

2. Bids may be placed online at the marketplace website, 24 hours per day between the start and end date and time on the online marketplace. Reserve not met. The amount of the highest Maximum Proxy Bid is less than the Reserve Value and the item will not sell. Reserve met. The amount of the highest Proxy Bid is at least as much as the Reserve Value and the item will be sold to the highest bidder. For general retail items this is 50% of the retail value. For items such as the cars this is 75-77%. When you place a bid on an item the system will tell you if the item has met reserve or not and the reserve prices will be revealed at the website towards the end of the auction.

3. The online marketplace operates under a proxy bidding system. Under proxy bidding, you can nominate the maximum amount you are willing to bid for an item. This is your Maximum Proxy Bid and is known only by you and the online marketplace management team. You should be sure of your Maximum Proxy Bid prior to submission. Once submitted you are legally bound to pay that price if it is the winning bid for the item/s. The Maximum Proxy Bid that you submit will not necessarily be the price you pay if you are the successful bidder - you may pay less, but never more.

4. The bid price will include the Goods and Services Tax. Meaning, The Goods and Services Tax is not additional to your bid.

5. If previous bids have been placed on the item, then your Maximum Proxy Bid must exceed the current leading bid on that item by at least the minimum increment for that item.

6. Based on your Maximum Proxy Bid, the online marketplace will place bids on your behalf at the lowest amount possible to make you the high bidder for the item but not exceeding your Maximum Proxy Bid. For example, if yours is the first bid on an item, the online marketplace will place a bid on your behalf equal to the Starting Bid for that item, or if your Maximum Proxy Bid is greater than the Reserve Price of the item, the Online marketplace management team will place a bid equal to the Reserve Price (and declare Reserve Met).

7. If another bidder places a Maximum Proxy Bid on an item for which you have placed a bid, and your Maximum Proxy Bid on that item is higher than the other bidder's Maximum Proxy Bid, the Online marketplace will automatically place a bid on your behalf that is sufficiently more than the current leading bid to ensure you remain the leading bidder. The online marketplace will continue bidding in this fashion on your behalf until:
a) No other bids are higher than yours,
b) Your Maximum Proxy Bid is reached, or
c) You are declared the highest bidder at the end of the online marketplace.

8. It is your responsibility to monitor the outcome and status of your bids on the online marketplace website and, in the event that you are outbid by another bidder with a higher Maximum Proxy Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Proxy Bid, you must submit a new Maximum Proxy Bid in order to continue your bidding on that item. If you submit a new Maximum Proxy Bid, that bid supersedes all your previous bids on that item.

9. If your Maximum Proxy Bid is exactly the same as another bidder's previously-placed Maximum Proxy Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.

10. In the event of a dispute between bidders or between bidders and the online marketplace, or in the event of doubt or dispute as to the validity of any bid, the online marketplace management team will have the discretion to determine the successful bidder. All decisions by the online marketplace management team are final and binding.

11. The newspaper is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder's ability to participate in the online marketplace. Proof of submitting a bid will not be proof of receipt by the online marketplace of that bid. The newspaper is not responsible for any online charges you may incur in connection with participating in the online marketplace.

12. During and after the marketplace event, you may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These emails are for informational purposes only. Their transmission or omission does not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the online marketplace system, as represented on the online marketplace website, constitutes the true bid record, as used by the Online marketplace management team to determine the winning bidder at the close of the online marketplace.

Payment Rules

1. At the close of the online marketplace, the online marketplace management team will determine the winning bidder (the buyer) for each item and will contact that bidder by email and/or phone within 24 hours to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by the online marketplace management team. If a buyer cannot be contacted, or if payment is not received in full, within three days of the buyer first being contacted, the online marketplace management team reserves the right to disqualify that buyer and deem the next highest bidder on the item to be the new buyer.

2. As the new buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within two days of notification being initiated by the online marketplace management team. If a buyer cannot be contacted, or if payment is not received in full, within two days of contact first being initiated, the Online marketplace management team reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.

3. In the event items in the online marketplace are purchased on a "Buy Now" basis, payment for such purchases is required immediately via the secure online payment gateway.

4. The total purchase price of an item for each Buyer is defined as the leading bid for the item at the close of the online marketplace or the listed "Buy Now" price, plus any applicable transaction taxes required by law to be collected and remitted.

5. In the event that a bidder is disqualified and the item is offered to the next highest bidder, the total purchase price shall be the next highest bidder's Proxy Bid plus any applicable transaction taxes required by law to be collected and remitted.

6. For most items, the buyer shall pay the total purchase price to the newspaper. The newspaper is collecting it on behalf of the seller (the participating business which sponsored the item in the online marketplace). In some instances, such as for automotive, real estate and alcohol items, the buyer shall pay the total purchase price directly to the seller. Specific payment instructions for each item won are provided in winning bidder email notices.

7. If payment for the total purchase price is to be made to the seller, it is the seller's and the buyer's responsibility to obtain any applicable or necessary licenses, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.

8. Once full payment of the total purchase price has been made on the item, the buyer will receive a unique Winning Bidder Certificate to be presented to the seller when the buyer collects the item. Unless specified in the item description, the certificate expires 3 months from the date of issue. All delivery or pick-up arrangements must be made with the respective seller prior to this date. Delivery may incur additional charges above and beyond the total purchase price, to be negotiated separately between the buyer and seller, or as outlined in the item description. All sales are final.

9. If the buyer fails to comply with these rules, including the obligation to make full payment of the total purchase price within the time limits and terms set out herein, in addition to other remedies available to the newspaper and the seller, you not only will remain obligated for your leading bid amount, you also will be responsible for an additional 20% of the leading bid amount, and you will be obligated to pay all attorney's fees and costs incurred to enforce payment of these amounts. The newspaper or the seller may also cancel the sale and re-offer the item or sell it privately and hold the buyer liable for any costs or losses associated therewith.

10. It is the seller's and the buyer's responsibility to ensure that all taxes that apply to the items or transactions are collected, reported and remitted to the appropriate tax authority. This includes the tax components such as stamp duty/registration for any motor vehicle, caravan or related entity unless otherwise stated.

11. As stated in these rules, all sales are final. In the event that an item you won and paid for was not fairly represented on the marketplace website, a refund will be considered. To be eligible for a refund, you must not use your unique item certificate to redeem your item, and you must submit your request for a refund within forty-eight (48) hours of completing payment and receiving your unique item certificate. Please refer to the Contact Us page for information about whom to submit your request to. The online marketplace management team will notify you via e-mail of the status of your refund request once they have received and your request. You can expect a refund in the same form of payment as originally used to make payment, within 7 to 14 business days of our receiving and approving your request. If you have already redeemed your certificate for the item, you must contact the vendor directly to negotiate the refund.

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