Terms and conditions

STANDARD TERMS AND CONDITIONS, INCLUDING THE RULES OF AUCTION, USE OF WEBSITE AND PRIVACY POLICY (COLLECTIVELY THE "TERMS AND CONDITIONS"): PLEASE READ THIS DOCUMENT CAREFULLY. YOUR USE OF THIS WEBSITE AND/OR ANY BID PLACED WITH BID PAWN (PTY) LTD ("THE COMPANY") CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE HEREOF. ASSENT TO TERMS AND CONDITIONS 1.    The Seller, by listing any goods on Bid Pawn (Pty) Ltd, warrants that they have read and understood all the terms and conditions contained in this document and agrees to be bound hereby. 2.   The Buyer, by submitting an electronic bid on Bid Pawn (Pty) Ltd, warrants that they have read and understood all the terms and conditions contained in this document and agree to be bound hereby. INTRODUCTION AND COMPANY INFORMATION 3.    Bid Pawn (Pty) Ltd offers a safe and trustworthy environment by acting as mediator between buyer and seller. 4.   Information about all listings on Bid Pawn (Pty) Ltd is provided by the Seller therefore Bid Pawn (Pty) Ltd can make no representations or warranties with respect to the accuracy or completeness of any description. The responsibility for the information provided in the listing of the goods lies with the Seller. 5.   Bid Pawn (Pty) Ltd, a registered company trading as an online auction and online pawnshop. Head Office is situated at 761 Petrus Street, Rietvallei Rand, Pretoria, 0174. 6.   A representative of Bid Pawn (Pty) Ltd can be contacted at [email protected]. To add anybody to the Bid Pawn Auction forward this link: https://bidpawn.co.za/auctions/ GENERAL 7. These terms and conditions constitute the parties' full agreement about the use of the online auction via the website or whatsupp group. 8. No other terms or conditions, stated, tacit, or implicit, shall apply to a contract, regardless of the circumstances under which it was formed. 9. No change or adjustment to these terms and conditions will be effective unless and until it is recorded in writing and approved by Bid Pawn (Pty) Ltd. 10. All provisions and clauses of these terms and conditions are severable from one another, regardless of how they have been grouped or linked grammatically. 11. These terms and conditions may be periodically modified and/or amended by Bid Pawn (Pty) Ltd at any time and in their sole discretion and it is the responsibility of the Users to ensure that they are familiar with the updated and/or amended terms and conditions. 12. The User’s continued use of the online auction signifies their acceptance of these terms and conditions and any updates and/or amendments thereof. REGISTRATION BY THE USER

               Buyer or Seller

13.  By completing the registration document provided on the website, the Buyer/Seller certifies that the information provided by the user is true and correct and acknowledges that the bidding for any goods on auction and any sale concluded as a result thereof will give rise to a contractual relationship between the seller and the buyer. 14.  By accepting these terms and conditions of Bid Pawn (Pty) Ltd, the buyer and seller consents to the use and transfer of personal information to either buyer or seller, to conclude a sale.
RULES OF AUCTION 15.  Where the auction is subject to a Reserve Price, the Seller reserves the right to reject any bid below the minimum Reserve Price. 16.  By placing a bid, the buyer warrants that they have the ability and the intention to proceed with the purchase of the Goods. All successful bids placed by the buyer constitute an irrevocable offer by the buyer to the seller and may not be withdrawn by the buyer, unless otherwise agreed in writing by the Seller or Bid Pawn (Pty) Ltd. 17.  Bid Pawn (Pty) Ltd reserves the right, in its sole and absolute discretion, to withdraw a listed lot from auction prior to and during the auction. Any offers placed on such a lot would be deemed null and void. 18.  Everybody can bid between 18:00 and 19:45 and from 19:45 to 20:00 only active bidders to continue unless bids are below reserve, in which case Lot is open for any bid. Early birds can be made on the website any time before the auction at: https://bidpawn.co.za/auctions/ 19.  Bids in the last 5 minutes of Auction will automatically extend the closing time by 5 minutes. EXTRA time on Auction will be on Admin’s discretion. 20.  No new bidders will be allowed to start bidding in the last 15 minutes. 21.  On the WhatsApp auction there are multiple groups all named “BID PAWN” running at the same time, the bids are received online and live results visible on Bid Pawn (Pty) Ltd website. 22.  Bid Pawn (Pty) Ltd accepts no liability for lots purchased which are reproductions of the original. 23.  It is the buyer’s responsibility to make sure they are satisfied with the information of a lot before buying the lot. NO EXCEPTIONS. If for any reason the item bought is indeed returned to the buyer a 7.5% (seven and a half percent) fee will still be charged. Any refunds would exclude the cost of courier as that is solely at the risk of buyers and sellers. 24.  Ensure, when placing a bid-on Bid Pawn (Pty) Ltd auction, to enter your information correctly and completely. E.g. Lot 1 R2000 John Telephone no (1). A wrong bid will not be accepted without notice. 25.  Bidding increments will be decided by the reserve price and will be decided solely by Bid Pawn (Pty) Ltd. All opening bids will start at 50% (fifty percent) of reserve price. 26.  No lot, sent to Bid Pawn (Pty) Ltd, may appear on another auction on the same day. Such a lot will have a fine of 7.5% (seven and a half percent) of the reserve amount which will be paid by the seller to Bid Pawn (Pty) Ltd. 27.  Auction and Pawn Shop prices will include a 7.5% (seven and a half percent) buyer’s commission and a 7.5% (seven and a half percent) seller’s commission. All commissions on reserve and pawn shop rates are included and paid to Bid Pawn (Pty) Ltd. No additional hidden cost.  28.  Lot for the day’s auction MUST BE STRONGLY PRIVATE. If not, lots will not be placed on that day. 29.  It is the seller’s responsibility to notify Bid Pawn (Pty) Ltd of any changes or withdrawals 2 (two) hours prior to a Live Auction. If the seller forfeits the terms and conditions, the seller is still liable to pay the 7.5% (seven and a half percent) seller’s commission to Bid Pawn (Pty) Ltd. 30.  Buyers will remain bound to Bid Pawn (Pty) Ltd sales agreement. Should the buyer withdraw from a lot bought before the deal is concluded, the buyer will be held responsible for 7.5% (seven and a half percent) fine of sales amount to Bid Pawn (Pty) Ltd. NO EXCEPTIONS will be tolerated. Make sure of a lot before buying it. No bid will be withdrawn during auction. 31.  All lots remain the property of the seller, and the seller may refuse a buyer’s bid. Seller must have a valid reason and administer it privately to Bid Pawn (Pty) Ltd [email protected]. Should the seller fail to provide a valid reason such seller will be liable of payment of 7.5% (seven and a half percent) of the reserve price of the lot. 32.  Bid Pawn (Pty) Ltd reserves the right to refuse any lot or offer before, during and after an auction. 33.  Bid Pawn (Pty) Ltd will always operate in the best interest of the seller and buyer at all times, but waiver themselves from any unlawful transactions. 34.  Bid Pawn (Pty) Ltd will place the results of the auction with the closing of each day’s auction. 35.  No raffles of any kind will be sold on Bid Pawn (Pty) Ltd.   Auction Operating Hours: 36.  Auctions will be held Tuesdays at 18:00 – 20:00.     Payments: 37.  Any changes to the seller's or buyer's contact information or bank account details will not be the responsibility of Bid Pawn (Pty) Ltd; confirmation of change will only be accepted by a: Certified ID copy, SAPS affidavit stating the reason for change of contact details as well as providing an official bank letter of banking details, and no communication will take place from any other phone number or email address prior to the change of contact details provided proof as mentioned above and approved by Bid Pawn (Pty) Ltd. 38.  After the Auction, the buyer will receive an electronic invoice with Bid Pawn (Pty) Ltd.’s Banking details and relevant purchase. Please use correct REF NO when making payment AND ENSURE PROOF OF PAYMENT IS SEND TO [email protected] as without this, the sale might be delayed. Bid Pawn (Pty) Ltd cannot be held liable for incorrect REF NO used-on payments made!! Please contact [email protected] and IF SUCH AN ERROR HAS OCCURRED. THIS MIGHT DELAY THE SALE UP TO 7 (SEVEN) WORKING DAYS TO TRACK THE PAYMENT TO THE SALE. 39.  Once payment reflects in Bid Pawn (Pty) Ltd.’s bank account then only will the seller’s information be released privately to the buyer. 40.  Payment must be made to Bid Pawn (Pty) Ltd within 24 hours. Please note to only use the banking details as per our Invoice. Our banking details will not change without prior notification and will only be communicated via Bid Pawn (Pty) Ltd.’s official communications. 41.  Bid Pawn (Pty) Ltd must be notified if there would be a delay in payment. Bid Pawn (Pty) Ltd do not take any responsibility for incorrect payments made to the wrong bank account. 42.  If a buyer wants to do a cash deposit banking fees needs to be confirmed and agreed by Bid Pawn (Pty) Ltd as it is the buyer’s responsibility to pay such fees. Termination of
Access allowed on Auctions: 43.  Bid Pawn (Pty) Ltd may, at its discretion, terminate the User’s access to buy or sell on the auction in the following, but not limited to events: 44.  The User has provided Bid Pawn (Pty) Ltd with false or misleading information. 45.  The buyer did not make payment for the Goods within viable time limit. 46.  The Seller has listed Goods not in its possession or legal ownership. 47.  The User did not comply with any other terms and conditions and/or any applicable law. TRANSFER OF OWNERSHIP 48.  The Seller retains ownership of the goods until the full amount reflected on the invoice is paid and cleared into Bid Pawn (Pty) Ltd.’s bank account, and the buyer is satisfied with the goods received. 49.  Once the Cleared Funds owed to the Seller are confirmed, the Buyer assumes ownership of the Goods. POSSESSION, RISK AND DELIVERY 50.  If any damage develops during transit, Bid Pawn (Pty) Ltd releases itself from handling and shipping of any sold goods. The buyer is encouraged to purchase insurance against these kinds of losses. 51.  Seller will ensure that the goods will be properly packaged to prevent any possible damage which may occur. 52.  Bid Pawn (Pty) Ltd only acts as a trading agent, connecting buyers and sellers, and to facilitate transactions. The transaction remains a transaction between the buyer and seller and Bid Pawn (Pty) Ltd cannot be held liable for the actions of buyers and sellers. 53.  Once payment and transaction has been concluded, there is no reversing transactions once seller and buyer have met all the terms and conditions. 54.  Bid Pawn (Pty) Ltd is not responsible for failed deliveries or for transport or costs of transport of any items sold. It is the buyer’s responsibility to contact the seller and to arrange transportation, the cost of which is for the buyer unless otherwise specified. 55.  Sellers must inform Bid Pawn (Pty) Ltd once they have dispatched goods to buyers. This is the responsibility of sellers to notify Bid Pawn (Pty) Ltd and not the responsibility of Bid Pawn (Pty) Ltd to follow up. 56.  Buyers must inform Bid Pawn (Pty) Ltd once they have received goods. No payments will be released without this notification from buyers. This is the responsibility of buyers to notify Bid Pawn and not the responsibility of Bid Pawn (Pty) Ltd to follow up. 57.  The buyer must collect goods within 7 (seven) business days or make an alternative arrangement that the seller agrees to. Bid Pawn (Pty) Ltd will release payment to seller within 5 (five) business days, after buyer has confirmed they are satisfied that goods have been sent or received unless otherwise arranged. This allows for enough time for the buyer to receive the item and confirm that it is in the condition as listed. 58.  Hunt packages and Holiday Packages will be managed case by case with separate terms and conditions. 59.  The seller has 7 (seven) business days to provide goods sold to the buyer in good condition. 60.  If the buyer has paid and not collected or made arrangements for collection of goods with the seller then after a period of 90 (ninety) days, ownership of the goods will revert back to the seller and the buyer will forfeit any payments made. 61.  The buyer and or the seller is responsible to notify Bid Pawn (Pty) Ltd immediately of any problems arising between seller and buyer. 62.  In the event of death or injury of either the seller or the buyer, Bid Pawn (Pty) Ltd waives the sale and declares it null and obsolete. Any monies owed will only be paid back to the registered bank account from which the funds were received. A SAPS Affidavit must be sent to Bid Pawn (Pty) Ltd to [email protected] notify of such an event. 63.  The Seller shall give, and the Buyer shall take possession of the Goods within 7 (seven) business days after all sums owing to the Seller have reflected as Cleared Funds in the Bid Pawn (Pty) Ltd.’s bank account. The Buyer shall collect the Goods directly from the Seller or via courier service. 64.  All risk in and to the Goods shall pass from the Seller to the Buyer upon possession of the Goods by the Buyer in terms of clause above. 65.  Bid Pawn (Pty) Ltd cannot be held responsible for any hand-to-hand exchange of items between buyer and seller and is advised to do the transaction in a public place or in such manner that both parties feel safe. PRIVACY POLICY 66.  Bid Pawn (Pty) Ltd shall take reasonable steps to protect the personal information of the User collected by the Company through its Website. For the purposes of this clause "personal information" shall be defined as detailed in the Protection of Personal Information Act, 4 of 2013 ("POPI"). 67.  The personal information will not be made available to any third party without the User's consent or unless required by means of complying with legislation, in legal process or proceedings or to protect the rights, property or safety of the Company or other parties or as required for the performance of the obligations of the Company. The User acknowledges that the Company will supply the Seller and all other necessary third parties with the User's personal information for the purpose of necessary performance and/or conclusion of a transaction for the sale of Goods. 68.  The User agrees that the Company may use its confidential information to communicate with the User from time to time, unless otherwise specified by the User in writing. 69.  It is recorded that the Website may collect cookies and/or make use of tracking. All Users of the Website accept that the Company may collect the User's computer IP address to, among other things, measure the number of visitors to the Website for marketing research purposes. The Company shall only use the information for the intended purpose. 70.  Both the Seller and Buyer by accepting these terms and conditions will adhere to the Popi Act in sharing of information. 71.  Bid Pawn (Pty) Ltd will not be held responsible for any third-party intrusion for the loss or leakage of personal information by Seller or Buyer. USE OF THE WEBSITE 72.  The Company nor its duly authorised representatives shall not be liable for damages, loss or inability to use the Website, the services or content provided therein. The Company furthermore makes no representation or warranties whatsoever that the content and/or the technology available on the Website and Whatsupp is free of errors, omissions, of any nature or free of interruption. 73.  All information on the Website should not be regarded as professional advice or the official opinion of the Company and it is the User's responsibility to ensure the correctness of any of the content displayed on the Website or Whatsupp. 74.  The User agrees to use the Website and Whatsupp only for lawful purposes and in a manner which does not in any way infringe on the rights of or restrict or inhibit the use and the enjoyment of the Website for any third party including, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person. 75.  Bid Pawn (Pty) Ltd will not be responsible in any way whatsoever for the content of external websites linked to the Website, whether directly or indirectly. It is the User's responsibility to confirm any external website's privacy policy before transmitting personal information thereto. 76.  No right or license is hereby granted to any User, whether juristic or natural, to any trademark, mark, branding, design, or any other intellectual property of Bid Pawn whatsoever. 77.  All material located on the Website and Whatsupp including, without limitation, text, logos, and images may not be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any way whatsoever except for the User's personal non-commercial use. 78.  The User agrees not to adapt, alter, or create any derivative work from any of Bid Pawn (Pty) Ltd material contained on the Website or Whatsupp nor to use any of Bid Pawn (Pty) Ltd content for commercial use in any way whatsoever, without Bid Pawn (Pty) Ltd prior written approval. 79.   Bid Pawn (Pty) Ltd admin expects everyone to view the group as an auction and to respect the privacy of the admin and anyone who is part of the Bid Pawn (Pty) Ltd group. If any problems arise, please report privately to admin and NOT on the Bid Pawn (Pty) Ltd group. Legislation 80.  Any disputes are resolved at the sole discretion of Bid Pawn (Pty) Ltd. 81.  Bid Pawn (Pty) Ltd is committed to abide and comply with all legislation. Bid Pawn (Pty) Ltd will not accept any liability where buyers and sellers do not comply within any of the terms and conditions. 82.  Bid Pawn (Pty) Ltd strives for honest buying and selling between buyers and sellers. 83.  HAPPY BIDDING & SELLING!!