BALEDBID.COM TERMS & CONDITIONS

1. DEFINITIONS

   Offer means an offer placed or to be placed in a material listing (Unique, Non-Unique or Ruled Out).

   BaleBid Fee means the fee to be paid to BaleBid by the Listing winner or classifieds listing editor.

   Introduction means the service Balebid provides on a Listing (connecting buyer and seller).

   Bidder means a person who has placed an offer.

   Our Site means the website www.balebid.com and its associated pages / links.

   Products means products listed on our site.

   Win or Won means winning the Listing by placing the highest / accepted offer within the given time.

   Valid Jurisdiction: The United Kingdom, Ireland, Isle of Man, the European Union, or any other jurisdiction you are a resident of, provided however, that you or we are not prohibited or limited in any way to operate or use the site under the laws of such jurisdiction.

2. ACCEPTANCE

   This page (together with the documents referred to it) sets out the terms and conditions that apply to your use of our site and the terms and conditions on which you will be entitled to bid for or purchase any of the products listed. Please read these terms and conditions carefully before using our site. You are advised to print a copy of these terms and conditions for future reference. Upon registration, please click on the button marked as "Register" at the end of the registration process and by doing so you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to register or participate in any listings on our site. By using our site in any way, you accept and agree to the terms set herein. If you do not accept these terms and conditions, please avoid using our site as you may not be able to register or participate in any listings or classifieds purchases on our site.

3. INFORMATION ABOUT US

   www.balebid.com is a site operated by BaleBid Ltd, who’s address is BALEBID, c/o Paper Mountain ltd, Northern Works, 108 Fareham Road, Gosport, PO13 0BB.

4. YOUR STATUS

   By using our site, you warrant that:

   1. You are legally authorized to enter binding contracts

   2. You are at least 18 years old, by creating an account you agree that you are at least 18 years old or of the legal age in your area / country to enter into binding contracts. Any bids by bidders discovered to be under the age of 18 or under the permitted age to enter into a binding contract will be deemed as invalid and could be liable for costs and bid cancellation.

   3. You have a valid credit or debit card or PayPal account or indeed any method of payment advertised on the BaleBid website

   4. You are a resident or commercial resident of the address you provided on registration.

   5. You have a valid and active e-mail address. Please note that any notice shall be deemed duly given within 24 hours after being sent to the e-mail address you have provided. It is clarified that if you do not fulfil these requirements then we shall have, inter alia, the right to delete your registration and prevent you from registering again in the future.

5. REGISTRATION AND OPERATING OF YOUR ACCOUNT

   1. During the registration process, you must provide a password and a valid e-mail address which is not offensive or misleading, does not offend common decency and does not infringe upon the rights of any third parties. User accounts created during registration are non-transferable and may be used by you only or as part of “Your Team”. As your account administrator, you are solely responsible for your profile and any activity on it, and must keep your password and login details confidential and secure at all times. If you become aware of any unauthorized use of your profile or password, you must notify us at support@balebid.com immediately. It is clarified for the avoidance of doubt that we will not be liable for any losses or damages caused by any unauthorized use of your profile or logins.

   2. We reserve the right to temporarily or permanently disqualify you and/or disable your account when, in our reasonable opinion, you have breached (or intend to breach) these terms and conditions. You may also be disqualified or your account may be disabled temporarily or permanently if:

      1. such action will protect the rights of other users of our site; and/or in order to prevent misuse of the credit card holder's information and/or payment details:

      2. To prevent unauthorized manipulation or use of our site (for example, without limitation, non-payment for offers, use of an unauthorized third-party bidding software or set up of multiple user accounts by you):

      3. You provide any false or misleading information.

      4. You have previously not paid for products won on our site.

      5. Payment was previously blocked or refused for any reason whatsoever.

      6. You and one or more other bidders agree, discuss or otherwise co-ordinate your offers in an attempt to increase your overall possibility of winning above what would otherwise be the case if you acted separately.

      7. A fraudulent credit or debit card is used or the bank or other credit institution reverses the credit or debit card transaction, for a Balebid Fee or any other payment.

   3. Should your account be inactive for 12 months, BaleBid reserves the right to close or suspend your account on the grounds of customer safety, we will notify you of this closure via your original email, if you attempt to login after this period you may need to re-register.

   4. At no time should you attempt to undertake negotiations on an active listing outside of the BaleBid marketplace, this will leave your account liable for closure and or suspension and for costs associated with the lost sale revenue.

   5. You should only make an offer on material you intend or wish to purchase and have the funds to do so, never make an offer on material that is beyond your financial capability.

   6. You should never create a listing for material you do not have or is not owned by you, you should always have full capability to sell the products you list without limitation

   7. We reserve the right to take whatever action we consider appropriate if you have acted fraudulently in instituting a charge-back.

6. MEMBERSHIP / REGISTRATION

   1. Balebid.com is free to join and list listings, there is no annual subscription or fees to the seller. All members will enjoy value added benefits: Free to Register, Free to List Bale Listings, Free Business Admin area for multiple users.

      Please note specific terms may apply to specific listings, and if so, it shall be noted on the listing page.

      You may review your membership / registration details at any time by clicking on the "My Account" button.

   2. Cancellation: You (or BaleBid ) may cancel your registration at any time by an email to or from the following address: support@balebid.com. Please state your username with any request.

7. Offer AND Offers

   1. You will be provided with the following details in relation to each listing:

      1. Material Location.

      2. Loading Information.

      3. Material Pictures (actual, not generic or stock photos).

      4. Payment information (buyer pays seller direct).

      5. Countdown (For Active Listing).

      6. Product name or description.

      7. EN643 (if applicable / known).

      8. Item specifics.

   2. Offers will be disqualified ("Ruled Out") if:

      1. Two or more offers are submitted with identical values, in which case both (and subsequent) offer at that value will be disqualified.

   3. The winning offer will be the highest unique offer or that selected by the seller.

   4. Each listing on our site will be closed when the "Time Left" has reached zero if an offer has not been accepted or upon acceptance of an offer by the seller. In certain circumstances, the time remaining on a listing may be extended. You will always be advised of such extension on the listings page.

   5. If there is no activity on a listing for a period of at least 168 hours, that listing will be closed if a listing is closed the seller will be entitled to re-list their auction.

   6. Buyer fee (£1.50 PT) are non-refundable after the introduction has taken place on a successful listing / offer.

   7. A seller is required to accurately and descriptively list their material to the best intentions and best description, Balebid.com does not take liability for listing advertising or inaccuracies in a listing.

   8. BaleBid reserve the right to

      1. Limit the number of offers you may participate in or win at our own discretion.

      2. To suspend and/or delete and /or restart a listing at any time including but not limited due to technical problems and/or to investigate suspected irregular and/or fraudulent activity (including the use of any automatic bidding programs or other automated or abusive processes or uses).

      3. It is hereby clarified that participation in our listings on our website is strictly based on individual and personal participation only. Team account members are not permitted to make offers on each others listings in an effort to raise an active price, any collaboration between users or use by proxy of any kind is strictly forbidden.

      4. Should we gain knowledge of any collaboration between two or more users in any listings, we will suspend immediately without any notice the said user's activities on our website until a thorough inspection is conducted.

      5. Should the case of collaboration reoccur; the said users may be permanently banned from participating in any listing at on our website.

      6. It is emphasized that for the purposes of this section the term "collaboration" means also one user participating in a listing under two different user names or two or more users from the same "Team".

      7. Our employees, shareholders and members of such persons' families may not submit offers. The management of balebid reserves the right to act upon their discretion in implementing any of the Terms and Conditions and you hereby waive any claim against balebid that related with the discretion or exercise of its rights as set forth in these Terms and Conditions.

8. YOU HAVE WON A LISTING OR SOLD A LISTING - HOW THE PURCHASE CONTRACT IS FORMED BETWEEN YOU, THE SELLER AND US

   1. IF YOU HAVE SOLD VIA LISTING

      After a listing has generated an offer/s you will be e-mailed with the details of the offer/s, you will be provided with information such as total price per ton offered, the BaleBid customer team will contact you to ask if you accept the offer or wish to make a counter offer, once a price has been agreed this will be sent to you by email from BaleBid. You must, within 24hrs of dispatch of that email (extended for weekends), actively confirm and contact the buyer to arrange payment for the material and collection of the material.

   2. IF YOU HAVE PURCHASED VIA LISTING

      If you have won / purchased via listing you will receive a payment instruction from Balebid after the listing has finished, upon successful payment of the BaleBid introduction fee (£1.50 GBP Per Ton) we will then email you with the details of the Seller, you must within 7 days of dispatch of that email, actively confirm and contact the seller to arrange payment for the material and collection of the material.

   3. If as the buyer, you fail to collect or pay for the material BaleBid reserves the right to decline a refund on your introduction fee and to delete your account, if you don’t intend to purchase, don’t bid.

   4. If as the seller, the buyer fails to contact you and conclude the purchase please contact us on support@balebid.com and we will investigate, we will notify you of our investigation which may include you re-listing your products.

   5. If as a buyer, you have not concluded a sale you may be prevented from participating in auctions related to the same product that you have previously won..

9. CONSUMER RIGHTS

   1. If you wish to cancel your purchase at any time after the listing has ended you must do so by contacting the seller, please note multiple cancellations of purchases may lead to your account being suspended or closed, note that after an introduction you cannot claim a refund on your introduction fee.

   2. To cancel the purchase contract, you must inform the seller / buyer in writing within 7 days of an listing ending.

   3. For clarification the sale itself is outside of the BaleBid marketplace, we are the introduction service, payment terms, collections and all associated paperwork is solely the responsibility of the buyer and seller combined and not balebid.com in any form or part.

   4. These provisions do not and may not affect or derogate of your statutory rights.

10. PRICE AND PAYMENT

    1. Offers must only be made if you intend and have financial standing to complete a purchase, the payment between buyer is seller is outside of our terms and conditions.

    2. Payments to Balebid are paid by the buyer of listing purchases only, the payment will be displayed on the offer page for clarity before an offer is placed, once payment is received by us after you have won a listing we will release the sellers information and vica versa. Payment options are shown on the site.

11. RISK AND TITLE

    1. The product will be at the risk of the seller until the time of delivery / collection by the buyer

    2. Ownership of the product will only pass to the buyer from the seller upon the seller being satisfied of payment received by the buyer, all title ownership of products sold on Balebid is outside of the scope of these terms.

12. REFUND POLICY

    1. Refunds will only be issued to the buyer if they have attempted to contact the seller and had no response, in this instance balebid will investigate and conclude if the seller has made an error in listing or refused to sell to the buyer for a legitimate reason. If the seller has declined an official sale for no reason deemed reasonable by Balebid then we may refund the buyer with the buyer fee and reserves the right to pursue the seller for such fees as deemed reasonable to recover its loses from the listing.

13. PRIVACY AND YOUR PERSONAL DATA

    1. We process information about you in accordance with an industry standard privacy policy, you consent to such processing and you warrant that all data provided by you is accurate and will be kept secure by us and not sold or transferred to a 3rd party or entity outside of BaleBid.

14. OUR LIABILITY

    1. Our site is for use by people worldwide, we offer no guarantees of the validity of the listing or description of the goods either listed for listing or classifieds, it is the buyer’s responsibility to ensure the validity of the listing, we are only an introduction service.

    2. Our liability for losses you suffer because of us breaking this agreement is strictly limited to the introduction fee on the product you bid on.

    3. This does not include or limit in any way our liability under law:

       1. for death or personal injury caused by our negligence

       2. under section 2(3) of the Consumer Protection Act 1987

       3. For fraud or fraudulent misrepresentation; or

       4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

    4. We are not responsible for indirect losses and/or damages of any sort, including but not limited to:

       1. Loss of income or revenue.

       2. Loss of business and/or opportunity.

       3. Loss of profits or contracts or bids.

       4. Loss of anticipated savings.

       5. Loss of data, or

       6. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this paragraph 15.4 will not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 15.1 or paragraph 15.2 or any other claims for direct monetary loss that are not excluded by any of categories 15.4.1 to 15.4.6 inclusive of this paragraph 15.4.

    5. In addition, we will not be liable for:

       1. Faulty operation of computers during offer placement and /or for incorrect or overly slow transmission of bidding data by the internet provider and /or any damage that occurs due to offers submitted by you not being received by us or not being received promptly or not being considered, because of technical faults with our software or hardware (whether or not they are within or outside of our control);

       2. Any losses arising from your or third party (including the Product manufacturers or re-sellers") negligence;

       3. Any failure to follow our instructions as to placing of offers.

       4. Any loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by you accessing, using or downloading from our site, or from transmissions via e-mails or attachments received from us;

       5. Any use of websites linked to our site but operated by third parties.

    6. We use well-established and reputable third party payment service providers for the acceptance of online payments. While we endeavour to ensure that due care is exercised in handling credit/debit card information by these third-party payment service providers, we will not be liable for any compromise, misuse of this information or breach of security by these third-party payment service providers.

    7. Any bidding advice or other materials on our site are provided solely as suggestions and are not intended to be relied upon. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials.

15. SERVICE AVAILABILITY

    1. Our site is intended for use by people worldwide. We do not accept orders from bidders and users outside of recognised or undescriptive territories. Invoices and receipts will be made only to the address that matches the credit or debit card's billing address.

    2. Access to our site is permitted on a temporary basis, and we reserve the right to restrict or suspend access to our site or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to our site and for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

16. WRITTEN COMMUNICATIONS

    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision may not effect or derogate of your statutory rights.

17. NOTICES

    1. All notices given by you to us must be given to us at support@balebid.com. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in paragraph 18 above. Notice will be deemed received and properly served immediately when posted on our site, 48 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

    1. You may not transfer, assign, charge or otherwise dispose of a registered account, or any of your rights or obligations arising under it, without our prior written consent.

    2. We may transfer, assign, charge, sub-contract or otherwise dispose of your registered account, or any of our rights or obligations arising under it, at any time during the term of the contract.

    3. We are entitled to involve third parties to satisfy our contractual obligations without being required to notify you.

19. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS

    1. We have the right to revise and amend these terms and conditions from time to time to reflect inter alia, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

    2. You may be required to agree to additional terms and conditions. Unless otherwise expressly provided by the additional terms and conditions, those additional terms are hereby incorporated into these terms and conditions.

20. VIRUSES, HACKING AND OTHER OFFENCES

    1. You must not abuse or misuse our site, including by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial of service attack or a distributed denial of service attack. You must not attack, breach, trespass, copy, hack, download, duplicate, and reverse-engineer or otherwise use the site for any other purpose our site by any other means whether recognized as an attack vector or not. You may not post any form of spam, phishing or advertising on our sites including other site we may use.

21. FORCE MAJEURE, EVENTS OUTSIDE OUR CONTROL AND SYSTEM OUTAGES

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

       1. Strikes, lock-outs or other industrial action;

       2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

       3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

       4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

       5. Impossibility of the use of public or private telecommunications networks, including system outages; and

       6. The acts, decrees, legislation, regulations or restrictions of any government.

    3. Our performance is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. Parties will mutually use reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which obligations under these terms and conditions may be performed despite the Force Majeure Event

    4. A system outage may occur, due to an unforeseeable disruption in a system, and some or no bids will be submitted or logged as a result. In such a case, listings will be temporarily halted and the remaining times for the listings and the current highest unique bidder will be maintained. After the disruption has been resolved, the listings will be continued. Temporarily halted listings will be clearly indicated to the extent possible.

22. GENERAL

    1. We are the owner or licensee of all intellectual property rights on our site 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. You may not modify any paper or digital copies of any materials neither printed or downloaded nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not use any part of the materials of our site for commercial purposes. Products and trademarks may be subject to intellectual property and/or other proprietary rights of their respective owners.

    2. We make every effort to ensure the descriptions of products on our site is as accurate as possible. However, items offered may differ from those described on our site, due to later production changes. The information on our site may contain inaccuracies or typographical errors.

    3. If we fail, at any time during the term of a listing, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19.

    4. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any purchase contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    5. Neither you nor us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any completed listing (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in these terms and conditions.

    6. We reserve the right to take action and/or seek any remedy available under any law and jurisdiction, including injunctive relief, against anyone who, in our opinion, is in breach of these terms and conditions. Such action includes, without limitation, terminating your registration and terminating access to our site and listings on our site.

23. PHOTOGRAPHS

    1. As a seller you must only use actual photos of the material you are selling and NOT generic or stock photographs, it is your responsibility to take actual photographs so they potential buyer can assess the material in detail, up to 8 photographs can be added to your listing, using stock or generic photographs is forbidden and can leave you vulnerable to a quality claim from the buyer.

24. LAW AND JURISDICTION

    1. Any dispute or claim arising out of or in connection with these terms and conditions or products (including non-contractual disputes or claims) will be governed by UK law. Any dispute or claim arising out of or in connection with purchase contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales, except as explicitly indicated above.

25. GDPR (General Data Protection Regulations)

    As we are sure you are aware the General Data Protection Regulations (GDPR) are now in force in the UK along with the associated guidelines as of today ( 25th May 2018 ), this new piece of law is both complex and wide ranging.
    
    Effectively any piece of personal data that BaleBid Ltd (The Data Holder and Processor) has, holds or processes which includes information about you, your company (The Customer and / or any of its employees) has to be done by us in an open way that shows what data we hold and how we use it and who uses it for what reason should you wish to know.
    
    The data we hold is purely for us to provide the services we provide you, any specific email addresses or telephone numbers for various points of contact including individuals with your organisation is for the purpose of conducting our normal business services to you. To respond to any service requests you ask of us we keep information as above securely and only use it for the specific reason of providing the contracted services to you.
    
    GDPR gives you the right to :-

    • Right of access to any information we hold on you
    • Right to rectify such information
    • Right to erasure
    • Restriction to processing
    • Right to object to processing
    • Right to data portability

    If you need to know more there is a huge amount of information available through the Information Commissioners Office which can be viewed on a web browser at www.ico.org.uk
    
    BaleBid Ltd will never pass on, sell or share any personal information or your browsing history to any 3rd Party.
    
    Should you require any further information please do not hesitate to contact us in respect to the collection, storage and use of any specific personal data relating to any individuals within your organisation.

These terms and conditions have been last updated on: 25th OCTOBER 2022.