§1

General Provisions

1. The Regulations define the conditions and rules of providing services by the Operator for the price defined in the Price list as well as the conditions and rules of participating in item Auctions offered by the Presenter, and conditions of items’ sale by the Presenter.
2. The present Regulations are an integral part of the Agreement mentioned in §2 point 7 of the Regulations, in particular to conclude agreements to purchases rights and goods within the framework of using the Service. The Regulations with their up-to-date form can be found on the Main Page.
3. Logging into the System means acceptance of the Regulations in their up-to-date form according to § 8 point 4, 5, 6, 7 of the present Regulations.
4. When used in these Regulations the following terms shall have the following meanings:
   Regulations – the present document;
   Presenter – Welmory Limited with its registered office in Nicosia (Cyprus) P.C. 1065 Arch. Makariou III, 2-4/703, formed under the laws of Cyprus and registered in the register held by the Ministry of Commerce, Industry and Tourism, Department of Registrar of Companies and Official Receiver Nicosia, under No. HE 245903 ;
   Operator – Welmory Limited with its registered office in Nicosia (Cyprus) P.C. 1065 Arch. Makariou III, 2-4/703, formed under the laws of Cyprus and registered in register held by the Ministry of Commerce, Industry and Tourism, Department of Registrar of Companies and Official Receiver Nicosia, under the No. HE 245903 ;
   Service – on-line transactions carried out by the Operator, maintained in the wellbid.com domain. The Operator organises Auctions and enables all Users to purchase rights to a single Bid or a Bid by the Autobid, making Bids as well as Bids by the Autobid;
   Auction - the sales of items made under the conditions of these Regulations;
   Bidding – the use of the Service function enabling those willing to purchase a given item offered in the Auction and offer a higher price than the current price for it, thus allowing for the conclusion of a sales agreement for the given item;<
   Autobid – Bid performed automatically by the System, on behalf of the User from his/her account without the participation of the User according to Autobid Parameters set by the User;
   System – the System enabling the Service to work properly;
   BID – the right to a single Bid, a Bid by the Autobid or another action described in the regulations;
   BID Pack – The amount of BIDs which are on the User's account and purchased from the Operator for the price offered in the Price list;
   User – a physical person 18 years old or older with a full legal capacity who is registered with the Service and has access to his/her account. This person is identified by first name, surname and date of birth;
   Related accounts – accounts of two or more Users with at least one element in common:
   1. residential address;
   2. shipping address;
   3. bank account/credit card used for payment of BIDs or Auctions.
   Related accounts is also when the same computer has been used to serve these accounts.
   Price list – information published by the Operator on one of the subpages defining the conditions and the amount of payment for the right to purchase BIDs;
   Time to the End of the Auction – time left to the end of the Auction excluding time essential for System processing and the time of breaks in the operation of the System in the opening hours of the System. The Time to the End of the Auction during the hours the Service is closed is automatically prolonged by the amount of time to the opening of the Service (unless it is stated otherwise in the Auction description);
   End of Auction – the moment that the Time to the End of the Auction has passed by the System displaying the word 'Finished' on the Auction page;
   Account – managed by the Operator for the User under a unique name (login) and a collection of data, including data about the User and his/her account history in the Service displayed in 'MY WELLBID" tab;
   Auction Parameters – set of individual data and features for a given type of Auction.
   Autobid Auction Parameters – Bid Parameters that the User sets up in Autobid on the "Autobid setting" page according to the described rules;
   Confirmation – e-mail confirmation about finishing the Auction sent to the Auction Winner by the Operator in the time defined in § 3 point 6 of these Regulations;
   Auction Page – the page where the Auction of the particular item takes place. It includes the name of the item, its technical description, market price given by the Presenter, shipping costs and other essential details significant for this particular kind of Auction;
   Starting Price – the starting price of the item offered by the Presenter at the beginning of the Auction;
   Current Price – the price offered by the Current Winner, in the situation where no User has Bid and no Bid has been made by an Autobid the Current Price equals the Starting Price;
   Purchase Price – the price bidden by the Auction Winner in which is the item on the Auction is purchased for;
   Current Winner – the User who becomes the Auction Winner, as long as no other User or Autobid had outbids before the Auction finishes, according to the rules in §3;
   Auction Winner – the User who won the Auction according to rules defined in §3.
   

§2

Registration

1. Registration in the Service is free of charge.
   1. Only physical persons 18 years old or older with full legal capacity have the right to Register in wellbid.com Service providing that they were not banned from the Service for violation of the law, the rules of social conduct, good manners and rules of the Regulations;
   2. If a User who was banned for the Service due to reasons mentioned in point a) registers again, the Operator shall block his/her account immediately and all BIDs on his/her account are cancelled as a contractual penalty for a renewed violation of the Regulations.
2. In order to Register you need to fill in the Registration form giving an e-mail address, Username, Password, first name, surname, birth day, place of residence and shipping address.
3. Data written in the Registration form should concern the person who orders the service and should be in accordance with data stated in their form of identity. The Operator takes no responsibility for invalid data given by the Users in their User Account. Introducing changes after a Registration process is completed is possible only in justified cases by notifying changes in written form by the User and sending them to the address of the Presenter who will be able to introduce the necessary changes.
4. The System sends a Registration confirmation to the e-mail address given in the Registration form. The confirmation includes a link that requires clicking and confirms account activation.
5. The lack of registration confirmation mentioned in passage 5 within 24 hours results in the deletion of data by the person registering.
6. At the moment of Registration an agreement is concluded between the User and the Operator whose object is services provided by the Operator under the conditions laid down in the Regulations and in which a registered person receives access to their Account (after giving a proper Username and Password) and becomes a wellbid.com User.
7. Within 10 days after concluding the agreement mentioned in point 2, the User can terminate the agreement without stating a reason by sending either an e-mail or a letter with an appropriate declaration. The User who has already taken part in promotions, purchased BIDs or performed any actions within the Service is not entitled to terminate the agreement.
8. The User is not allowed to change the Username made during registration.
9. A unique Username must be dedicated to each account.
10. The User can possess only one Account. Identification is confirmed by the first name, surname and date of birth. In justified cases the Operator may accept a deviation from this rule upon the written request of the User.
11. The User cannot use other Users' accounts or let other people use his/her account. Users of related accounts cannot participate in the same Auction.
12. Accounts are non-transferable.
13. There is a limit defining how many times one User can become an Auction Winner without BIDs Packs in the wellbid Service which is not against the rules mentioned in § 3 point 11. All details are defined in Help (FAQ – Limit of Auctions Won). The limit and currently amount of Auctions won can be viewed after logging into the System.
14. There is also a limit defining how many times one User can become an Auction Winner with BIDs Packs which is not against the rules mentioned in § 3 point 11. All details are defined in Help (FAQ – Limit of Auctions Won). The limit and currently amount of Auctions won can be viewed after logging into the System.
15. The Operator reserves the right to verify and check the data of Auction participants during and after the Registration and in case of finding any incorrect data, the Operator reserves the right to block the User's account. A blockage may occur especially in the case of giving incompatible data by the User.
16. In the event of a change in the User's data, he/she is obliged to update changes, otherwise the account may be blocked by the Operator.
17. Any action of the User within the Service should be in compliance with the law, the Regulations as well as the rules of social coexistence and good manners. In particular, the User may not use the Service to provide any content that infringes the law or moral standards, or act in cooperation with other Auction participants or a third party in a way that can influence the result of the Auction. In particular, Related accounts cannot participate in the same Auction. The User will receive information from the Operator examples of actions that are considered contrary to good manners. User Actions contrary to these rules can result in the blockade of the Account and cause termination of the agreement regarding the use of the Service, refusal of Bids and the application of a contractual penalty similar to that provided in § 3. 15.
18. The User should archive in a durable medium information about transactions made through the Service for possible use in filing complaints. Lack of fulfilment of this obligation by the User constitutes acceptance of archived transaction data by the Service.
19. The User has the right to participate in contests organised by the Operator which rules will be defined in the Contest Regulations published on special subpages of the Service.
20. The technical requirements necessary to cooperate with the Service is any graphical web browser with JavaScript enabled and encrypted connection using SSL protocol.

§3

Auction

1. Each Auction is conducted based on the conditions described in the Auction Parameters.
2. Each Auction starts when the Operator gives access to the Bidding function for a given Auction on the Auction Page.
3. The Starting Price is defined in the Auction Parameters
4. Rules of Bidding:
   1. The User Bids using BIDs collected on his/her account by choosing the "BID" option visible on the Auction Page or another page of the Service concerning this particular Auction;
   2. Bidding is possible only if the User has at least one BID on his/her account;
   3. Bidding or Autobidding decreases your account by 1 BID;
   4. After the Auction starts the Service updates the End of the Auction Time with accuracy to one second;
   5. Bidding by each User prolongs the End of the Auction Time by a value equal to the "Bidding Time" for this particular Auction, providing that the End of the Auction Time is shorter than the Bidding Time;
   6. The Current Price can be viewed on the Auction Page;
   7. After each Bidding or Autobidding the Current Price is increased by the Bidding amount defined in the Auction Parameters;
   8. The User who Bids last becomes the Current Winner;
   9. The Auction finishes when there is a "Finished" sign on the Auction Page, but this information does not mean an automatic Bid;
   10. The Current Winner becomes the Auction Winner when the Auction finishes and the Current Price becomes the Purchase Price.
5. Autobidding Rules:
   1. In the event of selecting Autobidding, the User should set up Autobid Parameters individually for each Auction according to rules defined on the "Autobid Setting" page;
   2. Autobidding is performed independently by the Service in the time between the initial Auction End Time and its End, according to rules mentioned in points f) and g) and § 1 point 4 n);
   3. Autobidding is possible only if the User has at least one BID on his/her account ;
   4. Each Autobidding decreases the User's account by 1 BID;
   5. After the Auction starts the Service updates the End of the Auction Time with accuracy to one second;
   6. When a few Users set up their Autobids, the Service Bids on their behalf according to rules mentioned in point "5b"; the Current Price is increased by the total value Bids by Users who set up their Autobids. The time to the End of the Auction is prolonged so that it is equal to the "Bidding Time" for this particular Auction, provided that the End of the Auction Time is shorter than the Bidding Time; the User who set up his/her Autobid last is the Current Winner;
   7. When only one User uses Autobidding, the Service Bids on his/her behalf according to rules mentioned in point "5b": the Current Price is increased by the Bid amount; the End of the Auction Time is prolonged in this way so that it is equal to "Bidding Time" for this particular Auction, providing that the End of the Auction Time is shorter than the Bidding Time; the User who set up his/her Autobid last is the Current Winner.
   8. The rules concerning Autobidding not mentioned in points a) - g) are the same as the Bidding rules defined in point 4 or defined in detail for a particular Auction on the "Autobid Setting" page;
   9. The User uses Autobidding at his/her own risk and responsibility;
   10. The Operator informs that Autobidding does not guarantee winning the Auction and the results of participating in this Auction depend on the Autobidding Parameters;
6. After the Auction finishes the Operator sends an e-mail to the Auction Winner with Auction Confirmation after performing the actions mentioned in point 13 of this paragraph.
7. The Auction Winner concluded with the Presenter a purchase–sale agreement for the item defined in the Auction Parameters, at the moment of Bidding for the Purchase Price. The agreement is not concluded when the Auction is cancelled in accordance with point 14 of this paragraph.
8. The conditions concerning the sales agreement, delivery, warranty and payment for the item defined in passage 7 of this paragraph are included in § 5 of these Regulations.
9. A User who participated in the Auction is not entitled to withdraw Bids already made. Taking part in the Auction does not guarantee winning the Auction and it depends solely on other participants of the Auction.
10. It is forbidden to use any software unauthorised by the Operator in order to participate in the Auction, Bidding or Autobidding.
11. The User can participate in as many Auctions as he/she wants subject to point 14 §2.
12. The number of Auctions won by the User as well as all Auctions the User has Bidden in can be viewed in the User's account in the "MY WELLBID" tab.
13. After the Auction finishes the Operator immediately checks the process of the Auction in accordance with the technical aspects as well as in terms of compliance with the Regulations.
14. The Operator reserves the right to cancel the Auction when the User has used software unauthorised by the Operator or in another manner has violated the law, good manners (particularly through acting in cooperation with another participant of the Auction or a third party in a manner that can influence the Auction result) or the rules of the Regulations, also when there is a technical error or a System breakdown that can influence the Auction result. The Operator immediately informs all participants by e-mail about the cancellation of the Auction and returns BIDs used, with the exception of the User mentioned in the previous sentence. Additionally, the Operator is entitled to block the account of such a User, refuse Bidding or inflict sanctions in the forfeiture of all BIDs on the User's account as a contractual penalty for a violation of the Regulations.
15. When the Operator confirms a violation of the law, good manners or the Regulations by a participant of the Auction while it is being conducted, the Operator reserves the right to block this User's account, Confirmation refusal and inflicting a contractual penalty by cancelling all BIDs on this User's account, refuse Bidding and also introducing contractual penalties in the form of forfeiture of all accumulated BIDs in the Account and eventually introducing sanctions mentioned in § 8 point 1 a/ and b/.
16. In case of any errors or breakdown mentioned in the previous point that can be eliminated in a very short period of time, the Operator stops the Auction, eliminates the error or breakdown and returns the Auction to the state before the breakdown or error occurred. The Operator immediately informs all Auction participants about this situation and the time when the Auction will start again.
17. Employees and close relatives of the Operator and the Presenter are strictly forbidden to participate in Auctions.

§3A

Specific kinds of Auctions

1. In the case of Auctions defined in this paragraph the conditions for their conduction are the same as in §3 with the exceptions arising from the provisions mentioned below.
2. Specific kinds of Auctions are defined in their conditions and parameters on the Auction Page.
3. Shopping Window is an Auction which at the Starting Time has no End of the Auction Time and it is defined as "Soon" on the Auction Page.
4. The End of the Auction Time is defined by the Presenter at any time of the Auction.
5. Participants of a Shopping Window Auction will be informed about the End of the Auction Time by displaying it in the field indicating the End of the Auction Time.
6. A Special Auction is an Auction where an Auction participant obtains the right of a single Bid using the total number of BIDs individually specified in the Parameters of the given Auction, paid according to the Price list. If the User does not have a sufficient number BIDs in his/her account to make a Bid, then the Bid does not occur.
7. Autostop Auction is a Special Auction where the participant has no right to Autobid and the End of the Auction Time is not limited by the Opening Hours of the Service.
8. The Operator may introduce any new types of Auctions and Users are informed about it by a special Announcement on the Auction Page or on the Login Page. In such a case the Auction features will be defined on the Help Page. Point 1 of this paragraph applies accordingly.

§4

Fees

1. The right to Bid and Autobid is payable. In order to use Service functions enabling the purchase of a particular item offered in the Auction you need to purchase BIDs. BID prices are included in the Price list. Purchasing BIDs and paying for a Bid and Autobidding does not release the Auction Winner from paying for the item he/she has won.
2. In order to purchase BIDs you need to login to the Service and click the "Replenish my account" button, then choose the amount of BIDs you want to purchase, the payment method and then make payment. At the moment of making a valid payment, the User is entitled to Bid or Autobid in the amount in accordance with the Price list.
3. Fees for services provided by the Operator are paid by the User through PayPal.
4. Purchased BIDs replenish the User's account.
5. BIDs used by the User are withdrawn from his/her account automatically.
6. The User does not have the right to a refund of BIDs.

§5

Purchase and Sale Conditions

1. The Sale Agreement is concluded between the User and the Presenter. The Operator is not a Party to the contract; it only enables the Users to make a Sale Agreement with the Presenter on the basis defined in these Regulations.
The Presenter is required to confirm in writing the transfer of ownership rights of the item to the Auction winner at the latest after payment of the Purchase Price, i.e., the receipt of confirmation about the payment from the Paypal operator. In the event that the Purchase Price does not exceed 2 thousand pounds the confirmation is sent only on the request of the Auction winner.
1. In order to deliver the auctioned item the User immediately gives the necessary address information in the "MY WELLBID" tab in the MY DATA "tab on the form "SHIPPING INFORMATION" at the latest at the moment of payment of the Purchase Price. These data are immediately made available to the Presenter by the Operator. In the event of a delay in giving the address information neither the Operator nor the Presenter shall not be liable for any delay in the shipment of the Auction item.
2. The User must pay the purchase price within 7 days from the date of Bidding. The deadline may be extended by an e-mail request by the User with the consent of the Presenter expressed in the same form. In the case of a delay the Operator reserves the right to withdraw from the sales contract, of which the User will be notified by e-mail.
2. The Bidden item will be delivered by the Presenter to the User at the address given in point 2 within 14 days after paying the Purchase Price – the User covers the costs of delivery.
3. The sender of the bidden item can be a subject acting in understanding with the issuer under a separate agreement, which does not affect the rights and obligations of the User.
4. The User confirms receipt of the delivered item.
5. The Presenter is not responsible for any damage of items incurred during delivery or for any actions of the courier/postal service.
6. The Presenter issues an invoice for the item according to data defined in § 4 point 4. In the case of not providing the above-mentioned data, in accordance with data mentioned in point 2 of this paragraph.
7. The User has the right to withdraw from the sales contract without stating a reason within 10 days from the User receiving the sales item – withdrawal it requires written form and returning the item to the Presenter's address without any signs of use not later than on the 10th day after delivery.
8. The Presenter has the right to withdraw from the sales contract in the period designated for the for the item’s delivery – in accordance with point 3 – which the User will be informed about by an e-mail. The User is entitled to damages in the amount of the average market value of the auctioned item, if the reason for withdrawing from the contract is not a situation mentioned in § 2 point 17. If the User has already paid the purchase price before withdrawing from the contract, the amount paid is subject to refund.
9. Monetary damages referred to in section 9 shall be transferred within 7 days on the bank account indicated by the User.
10. The User acquires the right to file a claim for the item purchased on the Auction in accordance with the provisions of the guarantee document issued by the Manufacturer. All items sold are delivered by the Presenter together with the manufacturer's warranty.
11. Neither the Presenter nor the Operator is responsible for any incompatibilities of the sales item with the agreement, if the User had known about this incompatibility or should have known, or if the defects occurred after the sale and the cause is not due to the Presenter; especially the Presenter is not responsible for defects that occurred after the ownership of the item was transferred to the User.
12. Complaints about the sales item can be sent to the Presenter's e-mail address at: complaints@wellbid.com. The message of this e-mail should include the word "COMPLAINT" and the Auction code.
13. The Presenter is obliged to respond within 14 days to the complaint by sending an e-mail to the User.
14. If the complaint requires additional information, the Presenter sends it back to the User for this purpose; the time mentioned in the above point is prolonged accordingly.
15. The User's Warranty is valid for one year. However, the User's Warranty expires if the User does not inform the Manufacturer about a defect within a month after the defect is detected.

§6

Complaints

1. If any service or actions of the Operator are inconsistent with those defined in the Regulations, the User has the right to lodge a complaint.
2. The Operator shall do its best to maintain the proper and uninterrupted operation of the Service, particularly during the Opening Hours of the Service mentioned on the Main Page.
3. All information concerning technical breaks, technical errors and breakdowns and the consequences resulting from such for the Users will be shown on the Main Page of the Service and in the method defined in § 3 points 14 and 16.
4. A User's account can be blocked in cases specified in the Regulations for the time essential to verify the User's actions for compliance with the Regulations, preventing any possible damages to other Users, third parties and the Operator as well as introducing sanctions foreseen in the regulations.
5. A complaint can be submitted by e-mail to the Operator's address at complaint@wellbid.com.
6. The Presenter is obliged to respond within 14 days to the complaint in the form of an e-mail to the User.
7. If the complaint requires additional information, the Presenter sends it back to the User for this purpose; the time mentioned in the above point is prolonged accordingly.

§7

Privacy policy

1. The Operator collects and processes personal data of all Users in accordance with the law and the provisions of these Regulations in the range essential for the implementation of the service and the settlement of service rendered of this agreement.
2. The Operator will not reveal any personal data without the User's acceptance, subject to points 3 and 4 mentioned below.
3. The Operator may reveal personal data to authorised subjects in accordance with legal provisions.
4. The Operator reveals to the Presenter the personal data of the Users in the range to conclude and implement the sales agreement for the Auction item.
5. The Operator will enable Users to view and update their data as well as its remove when terminating the agreement.
6. The Operator reserves the right to store the User's data until the User the settles past due payments to the Operator or until all circumstances connected with a violation of the Regulations by the User are resolved and the User's responsibility is established.
7. The User agrees to receive advertising on his/her account, but not longer than to the termination of the agreement mentioned in § 2 point 7, if this option was not turned off by the User in the "MY WELLBID" tab in "MY DATA".

§8

Final Provisions

1. Termination of the agreement
   1. The Operator can terminate the agreement for an important reason at any time due without stating a reason with a 14 days’ notice. The User can terminate the agreement at any time.
   2. Termination of the agreement by the Operator will occur by notifying the User by electronic means about the termination of the agreement. If the termination occurs without notice, for important reasons, a blocking of the account occurs, which would not prejudice the possibility of the User lodging a complaint. If termination occurs by giving notice, the blocking and liquidation of the account occur after the last day of the notice.
   3. The User terminates the agreement by filling in the appropriate form which is on one of the Service pages and sending it to the Operator’s e-mail address. This launches the closing procedure in accordance with instructions that can be found in the "MY WELLBID" / "MY DATA" tab by clicking "REMOVING A USER ACCOUNT".
2. After the User performs the actions mentioned in point 1, the Operator delivers information about the request to close the account to the e-mail address given by the User with a link to a confirmation page with the User's Username and Password. After confirmation of this data the agreement shall be terminated with immediate effect, with the provision that:
   1. The User participates in Auctions after they have already started under the conditions binding at the Starting time,
   2. The User has access to the account within the scope of its functions enabling conclusions of a sale agreements made with the Presenter, if the User wins the Auction before he/she terminates the agreement or if the Auction is in progress at the moment of account closing, as mentioned in point a/.
3. Terminating the agreement does not relieve the parties from the settlement of mutual obligations.
4. The Operator has the right to introduce changes in the Regulations at any time by informing all Users on the Main Page of the Service. Users have the right and obligation to read the changes to the Regulations before the first login after the introduction of changes in the Regulations. Logging in means acceptance of changes to the Regulations.
5. The change of Regulations is valid from the date stated by the Operator on the Main Page and login page.
6. The User within 7 days of being informed of the change at the first login can refuse to accept these changes in the Regulations by sending an e-mail to resignation@wellbid.com; which results in termination of the agreement with the Operator.
7. If the User does not want to accept the Regulations as defined in point 6, he/she should refrain from participating in Auctions. Otherwise, refusal to accept the Regulations will be only effective after the Operator receives an e-mail with a declaration regarding the refusal to accept the Regulations subject to point 5.
8. Any matters not provided for herein shall be regulated by the applicable provisions of the Civil Code and the appropriate provisions of British law.
9. Any disputes which may arise from this Agreement shall be settled by a competent common court of law.