Terms of service

Bid Inside - Terms and Conditions

0. Definitions

- Provider: Maraja S.r.l. with its legal seat in Via Ventotto Luglio 211, 47893 Borgo Maggiore, Republic of San Marino, C.O.E. 27181, as the Platform provider;

- Platform: the web platform named “bid inside”, owned by the Provider, referred to on the website www.bidinside.com, through which the User may participate in online auctions;

- User: the person, natural or legal person, who uses the Platform after its registration;

- Auction House: the legal entity which publishes, conducts and manages online auctions through the Platform;

- T&C: the Terms and Conditions hereto.

1. Scope

1.1. The T&C governs the use of the Platform by the User. By using the Platform, the User accepts these T&C in full.

1.2. The Platform allows the User to participate virtually in auctions organized and managed by the Auction House, both live and online. The Provider acts as a mere provider of the Platform. Therefore, it is not in any way part of the relationship between the User and the Auction House, nor does it act as a representative of the Auction House, nor shall it be considered responsible for the requirements and rules imposed, from time to time, by the Auction House for its auctions.

2. Rules governing the Platform

2.1. The User, who intends to use the Platform, shall first register and comply with these T&C.

2.2. The registration is free of fees and is allowed to natural and legal persons.

2.3. The registration is forbidden for people under 18 years or not of legal age in their Country.

2.4. Any actions that may affect the correct functioning of the Platform are forbidden. Namely, the following activities are expressly prohibited:

1. the use of software, hardware of any device that may affect the correct functioning of the Platform;

2. the use of web scrapers, web-robot, or any software that systematically and automatically collect information and data from the Platform;

3. the use of a bot or any AI software that allow the User or the Auction House to automate the usage of the Platform;

4. any actions that may cause an excessive overload of the Platform;

5. blocking, eliminating, overwriting or modifying any contents of the Platform or disturbing its correct functioning in any way whatsoever.

2.5. The User and the Auction House are responsible for the correctness, completeness, truthfulness, and update of data and information that they provide. Provider's responsibility is excluded to every extent in this regard.

2.6. Login credentials are strictly personal and shall not be shared or communicated to third persons. The User shall use a personal account, and its usage by third parties, also on behalf of the User, is strictly forbidden.

2.7. The Provider has the discretional right to prohibit the use of the Platform by specific Users, rejecting their registration.

2.8. The User shall keep its credentials and all the information regarding its account confidential and under its sole responsibility.

2.9. The Provider shall not be considered responsible for improper or fraudulent use of personal accounts.

3. Copyright and Intellectual property.

3.1. The Platform is the Provider's exclusive property and is subject to copyright.

3.2. Any unauthorized use of the Platform, including its copy, edit, distribution, transmission and/or show of its contents, is strictly forbidden.

4. Access via mobile (smartphone) or tablet and/or unstable connection

4.1. The correct functioning of the Platform is guaranteed only in its desktop version and under the condition of a stable connection. Specifically, the User shall be connected continuously for the entire duration of the auction or, at least, for the period when the auction lots of its interest are processed.

4.2. The User bears the risk deriving from the use of the Platform via mobile (smartphone) and/or tablet and/or with an unstable connection.

4.3. By way of example, but not limited to, unstable connection means access to the Platform and participation in auctions during movements of any kind, including through personal computers, access through obsolete devices or devices for which the User has failed to make software updates, and in case of a blackout.

4.4. Unless otherwise provided by these T&C, these shall apply to the use of the Platform via mobile (smartphone) or tablet.

5. Relationship between User and Auction House

5.1. The Provider shall not bear any responsibility for the requirements and rules imposed by the Auction House for its auctions. The Auction House has the right to accept or refuse the User's participation in its auctions, at any time and under its sole discretion.

5.2. The Provider shall not bear any responsibility for the auction's rules of operation, unilaterally determined by the Auction House.

5.3. The User, by the acceptance of these T&C, accept the Auction House's T&C, its requirements, and rules as well.

5.4. In case of conflicts between these T&C and the Auction House's T&C, its requirements, and rules, these T&C shall prevail. Auction House's T&C are submitted to the User on the Auction House website, during its registration and in case of subsequent updates.

5.5. Bidding is allowed only through the specific Platform's input mask. The User is not permitted to bid otherwise. If the Provider receives the bids by any other means different from the Platform's input mask, these bids will not be considered.

5.6. By purchasing an item in a fixed-price list or catalogue or bidding during an auction, the User undertakes to purchase the item or the auction lot, according to the conditions provided, should it prove to be the auction's winner. The User is bound to their bid until a counter-bid is submitted and, in any case, according to the Auction House's T&C.

5.7. In the case of simultaneous bids, the Auction House has the right to decide which of the bids to prioritize. The same applies in the case of simultaneous live (in presence) and online bids if participation in the same auction is allowed in both ways.

5.8. The Provider shall bear no responsibility for fulfilling mutual obligations by the User and the Auction House, which are solely and exclusively responsible to each other.

5.9. The bids inserted during the pre-auction phase through the form in the lot page are communicated to the Auction House as they are entered (maximum bid).

6. Exclusion of Liability

6.1. The Provider undertakes to observe these T&C in good faith and to ensure the proper functioning of the Platform within the limits of its contractual obligations with the Auction House.

6.2. The Provider is in no way a contractual part of the relationship established through the Platform between the Auction House and the User.

6.3. The Provider is not obliged to monitor the behavior of the User and/or the Auction House but reserves the right to do so. The Provider is entitled, but not obliged, to revise and, where necessary, delete the contents published by the Auction House on the Platform.

6.4. The User uses the Auction House's services provided through the Platform. Neither the Provider nor its managers, employees, or collaborators shall bear any responsibility unless the ones imposed by the agreement between the Provider and the Auction House.

6.5. The Auction House is responsible for the auction lots, the information about the lots, the requirements and rules for its auctions, and its T&C. The Auction House is also responsible for any transactions related to its auction lots. Therefore, any complaints or disputes by the User in this regard shall be directed to the Auction House.

6.6. The Provider is not responsible in any way for the truthfulness, correctness, legitimacy, completeness, or quality of the contents published by the Auction House on the Platform.

6.7. The Provider is not responsible for direct damages caused through the Platform, except for cases of willful misconduct or gross negligence. On the other hand, the Provider's liability for indirect, consequential damages and damages resulting from loss of profits is completely excluded.

6.8. The Provider is not liable for damages caused to the User by the Auction House, another User, or third parties deriving from improper use of the Platform.

6.9. The Provider is not responsible for any malfunction of the Platform. In particular, Provider's responsibility is excluded in case of technical problems that may result in delays or deletions of the User's bids or in case of time inaccuracy, as shown on the Platform.

6.10. The Platform may be temporarily out of service due to maintenance without liability on the Provider's part.

6.11. The User accepts that there may be a latency period in transmitting information through the Platform. Auction Houses may receive bids with an unavoidable delay, and offers from other Users can appear on the screen with a latency period. In particular, audio and video streams may be delayed. In this sense, any Provider's liability is excluded in case of offers that Auction House should receive with a delay due to the latency period.

6.12. Provider's responsibility is explicitly excluded when:

1. the Auction House does not receive a User's bid timely, and the lot is assigned to another User;

2. the Auction House exercises its right to decide which of the simultaneous bids is the winner;

3. the User's participation in the auction or the bidding or the correct functioning of the Platform is affected by any causes for which the User is responsible, by way of example and not limited to: lack of updates of User's systems or browsers, issues related to User's devices, connection problems;

4. the User incorrectly submits a bid that he did not intend to offer, even in the event of timely communication, through any channel, of the error by the User to the Auction House or the Provider; in case of error, the Auction House has the right to decide whether to cancel the offer upon the User's request;

5. any other cases provided by the T&C occur.

6.13. The Platform may provide links to other websites, which are not Provider's responsibility, both in terms of their operation and content, nor does the presence of such links within the Platform imply that they are connected to the Provider in any way.

6.14. Suppose an auction is interrupted and/or stopped irregularly. In that case, the Provider will notify the User of a report stating the reasons for such interruption and/or irregular stop and the rules for its continuation. Suppose the interruption and/or the irregular stop of the auction is due to technical errors not allowing its continuation. In that case, the Provider establishes the terms for the restart of the auction, agreed with the Auction House, without prejudice to the limitations and exclusions of liability set out in these T&C.

6.15. Any Provider's responsibility is excluded in case of Platform malfunctions determined by force majeure events, by way of example, and not limited to fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unpredictable and exceptional cause, including hacker attacks or cyber-attacks.

7. Personal data processing

Personal data are processed in compliance with the provisions of the Privacy Policy.

8. T&C modifications

8.1. The Provider reserves the right to modify these T&C unilaterally.

8.2. Any changes will be communicated to the User before accessing the Platform and will be published in its relevant section.

9. Applicable law and jurisdiction

9.1. These T&C are governed by the Law of the Republic of San Marino.

9.2. Any dispute arising from these T&C shall be subject to the exclusive jurisdiction of the Republic of San Marino.

10. Final provisions

10.1. The invalidity of one or more of the provisions of these T&C shall not affect the validity or effectiveness of the other provisions.

10.2. These TCGS are available in Italian and English. In case of contrast, the Italian version shall prevail.

 

Last update September 21st, 2022