TERMS AND CONDITIONS
These Terms and Conditions apply from 2019-04-01 and until further notice
These terms and conditions(”Terms and Conditions”)apply when you use the bidding service(the ”Service”).The website is owned and operated by Bidup Sweden AB(”the Company”),corporate identity number 559204-4928. A private person who is 18 years and older or companies(”Advertiser”)can register for the Service and create an auction. The Advertiser then has the opportunity to share the auction in different ad forums and on social media. A person or a company which places a bid on an item which Advertiser has posted via the Service is hereinafter referred to as a”Bidder”.
Upon registering for the Service, and when using the same, Advertiser and Bidder undertake to comply with these Terms and Conditions as well as any other instructions which may be published by the Company on the website www.bidup.se(the ”Website”).These Terms and Conditions and any other agreements entered into between the Company and Advertiser as well as Bidder regarding the use of the Service together constitute the ”Agreement”.
The cost of creating an auction is currently USD 1/EUR 1/SEK 10. This cost is charged to the debit card/credit card which Advertiser has specificed when creating his/her account, provided that the Advertiser receives a bid. We may alter our fee from time to time and will on such occasion publish the alterations on the Website. It is therefore important that the Advertiser regularly takes place of the Website to keep himself/herself updated. The fees charged by us for the Service are listed in the pricing information in force at any time.
Payment for the Service is made via the Company’s partner, Stripe. Full terms and conditions regarding Stripe’s payment terms and methods can be found here www.stripe.com. Any issues regarding Advertiser’s payment are therefore primarily managed by Stripe or other payment service provider used by the Company at the time of Advertiser’s inquiry.
- USE OF THE SERVICE
Adverstier and Bidder may upon using the Service not:
- Violate applicable laws and regulations by, for example, presenting illegal objects for bidding, including but not limited to items that infringe on another’s trademark, copyright or other intellectual propery or items which are prohibited to sell without a permit/license;
- Violate our policies or other applicable instructions;
- Create auctions which the Advertiser does not intend to complete by Adverstiser either withdrawing in advance or by not intending to deliver the offered item after completed auction
- Participate in auctions where the Bidder does not intend to complete the purchase upon winning the auction and only participates in the auction to drive up the price on the item being offered;
- Allow another to use the Advertiser’s or Bidder’s account for the Service or transfer its account without the consent of Bidup;
- When describing the item use false or misleading information or derogatory and offensive information when designing its advertisement or otherwise when using the Service;
- Spread malicious software in the form of virus or similar procedures which may adversly affect the Service or Advertiser’s use of the Service;
- Dispose of the Company´s rights in the form of interfaces, layouts, texts, photos, trademarks or other rights attributable to the Service by copying, processing or making available to others in violation of these Terms and Conditions and applicable law;
- Fail to pay for items won through bidding (Bidder);
- Produce, process, transmit, make available to the public or publish publicly any of Company’s/the Websites content, the Service or otherwise take any unauthorized action with the Companys content such as licensing it to a third party without prior written consent from the Company; and
- Gather personal data regarding other users of the Service.
The Company is not a legal party to the Agreement between Advertister and Bidder and therefore has no liability, financial or otherwise, towards the Advertiser or Bidder for agreements entered into between these parties when using the Service or disputes which may arise as a result of said agreements.
The Company provides the Services ”as is” and reserves the right to make changes to the Service without prior notification to Advertiser or Bidder. The Company is not responsible for any malfunctions of the Website, technical or otherwise. The Company can thus not guarantee the function and availability of the Service and can therefore not guarantee continuous, uninterupted or secure access to the Service and Advertiser is aware that the operation of the Website may be disturbed by a number of factors which are outside the Companys control.
Furthermore, the Company is not liable for any damages which the Advertiser or Bidder suffers as a result of missing or delayed responses to ads or incorrect information in the ads.
The Company or other company within the same group of companies or to the Company related companies are therefore not liable for damages, losses (neither direct or indirect) or other inconveniences that Advertiser or Bidder suffer as a result of the use of the Service.
The Company further reserves the right to discontinue/suspend Advertiser or Bidder who uses the Service in violation of the Terms and Conditions, applicable laws or in ways which otherwise appear unacceptable to the Company.
Furthermore, the Service also enables sales of goods to other countries. Rules and laws for auctions/bidding, online purchases as well as purchasing and selling so called second hand goods may differ between different countries, why the Advertiser and Bidder undertake to and are responsible for complying with all applicable national and international laws and regulations when selling, purchasing and shipping goods between countries. You are obliged to identify what applies in your respective country before you you place a bid or create an auction.
The Website may offer various translation services or features provided by a third party through which the Advertiser or Bidder may translate content from the Website/Service. The Company does however not guarantee access to such services or functions and does not assume responsibility for the accuracy of such translations. The Company is therefore not liable for any damage that the Advertiser and/or Bidder may suffer as a result of differences between the original and translated content from the Website/Service.
The Company owns and disposes of all software, databases, registers, texts, images, trademarks, names and logos as well as all other intellectual property rights available on the Website. The Advertiser and/or the Bidder therefore have no right to copy, reproduce, make available or otherwise dispose of such material.
Furthermore, the Company has the right to use all the material (the ”Material”), on the Website or otherwise, which the Advertiser and/or Bidder upload to the Website or otherwise makes available to the Company when using the Service. This includes, but is not limited to, photographs which the Advertiser provides the Company with of what the Advertiser offers for sale through the Service as well as any related texts, videos, brands and technology.
By using the Service, the Advertiser and/or the Bidder further warrant that it will not upload to the Website or otherwise make use of material which infringes or otherwise violates any form of rights, intellectual property or otherwise, or material which infringes the rights of a third party.
The Advertiser and/or Bidder thus, through the use of the Service, grant an irrevocable and to time, territory and media unlimited right for the Company to use, adapt, reproduce or otherwise use the Material free of charge in its business activities without limitations, for purposes gradually determined by the Company.
- THE ADVERTISER
Upon the Advertiser submitting an item for auction, the Advertiser agrees to:
- Not offer illegal or otherwise unlawful items;
- Not use language which is offensive, discriminatory, derogatory or otherwise use illegal or inappropriate language in connection with setting up the auction, including descriptive texts or when setting up related ads in general;
- That delays may occur until the ad/auction is posted on the Website;
- That a completed/finalized auction includes a binding agreement with the Bidder to sell the item which is offered through the Service and that this Agreement is only between the Advertiser and the Bidder;
- Follow the current conditions for the payment solution applicable when setting up the ad;
- The Company may suspend payments due to Advertiser in the event that the Advertiser has not paid the necessary fees for the use of the Service;
- The Company may limit or terminate the Advertiser’s use of the Service in the event that the Advertiser does not pay the required fees for the use of the Service or otherwise uses the Service in violation of these Terms and Conditions.
- THE BIDDER
Upon bidding, the Bidder acknowledges and agrees to that:
- It is the responsibility of the Bidder to take part of the current ad as well as other information about the bidding before participating in an auction;
- The Bidder, upon winning the auction, enters into a binding agreement with the Advertiser to buy the item which has been offered through the Service and that this agreement solely is entered into between the Advertiser and the Bidder;
- The Company may limit or terminate the Bidder’s use of the Service in case of the Bidder using the Service in violation of these Terms and Conditions.
Since the Company is not a part of the agreement between the Advertiser and the Bidder, it is for these parties to find out what applies, as well as to follow applicable sales legislation during and upon the completion of the auction. Please note, for example, that different laws apply when sales/purchases are made between private persons and when sales/purchases are made between companies and a private person.
Rules and laws for auctions/bidding, online purchases and purchasing second hand goods may differ between countries. Please identify what applies in your country before placing a bid or setting up an auction.
- COMPENSATION FOR DAMAGES
In the event that the Advertiser and/or Bidder violates these Terms and Conditions, the Advertiser/Bidder shall fully compensate the Company (including companies within the same group of Companies as the Company or to the Company related companies) for any damage that the Company suffers from Advertiser/Bidder violating these Terms and Conditions.
The Company has the right to alter or otherwise change these Terms and Conditions without prior notice, either by itself or if laws and regulations require this. The Advertiser and the Bidder are encouraged to contionuously take part of these Terms and Conditions.
In the event of any dispute arising from the Advertiser’s or Bidder’s use of the Service, we urge the Advertiser to contact us to discuss the incident as well as possible solutions to the same. This does however, for the avoidance of doubt, not apply to any disputes which may arise between the Advertiser and Bidder in connection with an auction. Should we not be able to reach a joint solution, the dispute shall be settled by a general court with the Stockholm District Court as first instance.
Bidup Sweden AB (”the Company”) is serious about protecting your personal integrity when processing your personal data. This Privacy Notice explains how the Company collects and processes your personal data when using the service Bidup. Our Privacy Notice also explains how we collect personal data in a legal and reliable manner as well as your rights in relation to our processing of your personal data. Feel free to contact us should you have any questions regarding our use of your personal data and/or how we work with privacy and data protection at the address below.
We take measures to ensure that your personal data always is protected with us and that the processing of your personal data is in accordance with applicable data protection laws as well as our internal guidelines and routines.
WHO IS THE CONTROLLER
Bidup Sweden AB is the controller and can be contacted at the following address:
Bidup Sweden AB, G:a Godtemplarlokalen, Östra Vingåker, SE-641 91 Katrineholm, Sweden, firstname.lastname@example.org
HOW WE COLLECT YOUR PERSONAL DATA
Collection and processing of personal data takes place when you register for, or otherwise use, our service. Personal data may furthermore be collected when contacting us regarding information you may provide us with at such time.
Your payment information in the form of for example debit or credit card number and associated information may be processed when using our services. We the use payment service provider Stripe for this purpose and they are thus the controller in relation to the personal data which is collected in connection with you making a payment. For more information on how Stripe processes your personal data, please visit their website www.stripe.com.
There may be links to other applications and/or websites in the Company´s services which are not controlled by the Company. The Company are not responsible for the content on linked applications/websites and the potential processing of personal data which may be carried out by the owners or operators of linked to websites.
WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
The Company collects the personal data required for us to conduct our business in a serious manner as well as the personal data required for us to fulfil our commitments in relation to the people, companies and organisations we have entered into agreements with. We process personal data in the form of user names and e-mail.
FOR HOW LONG DO WE SAVE YOUR PERSONAL DATA?
We only save your personal data for as long as it is necessary for us to fulfil our contractual obligations with you or otherwise fulfil the purpose of our processing and for as long as it is required by law.
TRANSFER OF PERSONAL DATA
We sometimes share information, including personal data, with external recipients, such as suppliers and government agencies if it is required by for example law or judgment by court. We will never sell your personal data to a third party.
WHERE DO WE PROCESS YOUR PERSONAL DATA?
We always aim for your personal data to be processed within the EU/EEA and that all our own IT-systems are located within the EU/EEA. Should there be any exceptions from this, that is a transfer to a ”third country” outside the EU/EEA, the data processor may, just as data processors within the EU/EEA, only take part of information relevant for the purpose. We also make sure that a level of protection can be established as if the processor was located within the EU/EEA.
WHAT IS THE PURPOSE OF PROCESSING YOUR PERSONAL DATA?
PURPOSE AND TYPE OF PERSONAL DATA
LEGAL GROUND FOR PROCESSING
Processing your personal data in order to provideo our service.
Type of data:User name, e-mail.
The processing is necessary to fulfil our contract with you regarding the use of our service.
As for the processing of your personal data which is not required to fulfil the contract with you, the processing is based on your and our legitimate interest of you being able to use the service.
The Company´s obligation to fulfil legal obligations according to legal requirements, judgment by court or decision by authority, e.g. the Accounting Act.
Type of data: Name, personal identification number, e-mail, phone number, user name, password.
Fulfillment of legal obligation. This collection of your personal data is required by law. If the data is not provided the Company can not fulfil it’s obligation.
To inform about our services, offers or other type of marketing regarding our business to those of our customers who have expressed a wish for this.
Type of data: contact details, for example e-mail.
The processing is necessary to meet our legitimate interest of developing and marketing the business.
You are entitled to at any time oppose the processing of your personal data for marketing purposes, upon which your data will no longer be used for this purpose.
FURTHER INFORMATION REGARDING YOUR RIGHT TO RECTIFICATION, ERASURE ETC.
Data protection legislation provides you with a number of rights in relation to the processing of your personal data. We only process your personal data to the extent necessary in order to fulfil your rights. For example, you have the right to:
- Request information on how we are processing your personal data, and in such cases request access to that of your personal data we are processing in an extract from the register (copy of the personal data undergoing processing);
- Request rectification of wrongful or incomplete data, erasure of personal data under certain circumstances or to restrict the processing;
- Receive a digital copy, to the extent it is technically possible, of the personal data that concerns you in a well known, structured, machine-readable format. This however only pertains to data you yourself have provided us with and which we process with the support of certain legal grounds, for example a contract with you; and
- Recall consent with future effect when we are processing your personal data with the support of your consent, oppose the processing of your personal data for purposes concerning direct marketing as well as otherwise oppose certain processing.
Should you wish to lodge a complaint with a supervisory authority or should you have any concerns regarding your rights in relation to personal data processed by us, you should turn to the National Data Protection Authority (in Sweden ”Datainspektionen”). You may find their contact details at the following address: www.datainspektionen.se.
Changes to this Privacy Notice are communicated by the new terms being published on the Company´s website https://www.bidup.se/and we recommend that you regularly consult the Privacy Notice.