1.1 Our terms and conditions set out the rules which are applicable to your participation in the auction. You should ensure that You read these terms and conditions carefully as your participation in the auction constitutes your acceptance of these terms and conditions.
2 DEFINED TERMS
"Bid" means the offer to purchase a specified Lot at a stipulated price, as communicated to Us by means of a text message.
"Bidder"/"You" means the individual who participates in the auction by placing a Bid.
"Lot" means any product from time to time stipulated by Us, to be auctioned by Us (and reference in these terms and conditions to "the Lot" will include, unless the context otherwise requires, references to individual items comprised in a group of two or more items offered for sale as one lot).
"Lowest Unique BidTM" means the lowest whole number Bid for a Lot that is closest to one (1), that has not been selected by any other Bidder.
"Our", "We" or "Us" means Million-2-1 Limited, a company registered in England and Wales (Company Number 04006717). Our address for correspondence is PO Box 433, Altrincham, WA14 2WW.
3.1 We may, from time to time, as stipulated offer a Lot for sale by way of auction (the "Offer") subject to the following conditions:
(a) (a) each Offer shall be a contractual offer to sell the Lot to the Bidder who bids the Lowest Unique BidTM; and
(b) each Offer shall remain open for such period as We shall stipulate but may be revoked at any time by notice from Us.
3.2 We will accept only a limited number of bids per mobile phone.
4.1 Each Bid you make shall be capable of unconditionally accepting the Offer.
4.2 Bids may only be made in pounds sterling.
4.3 An Offer shall be deemed accepted on receipt by Us of the text message from the Lowest Unique Bidder outlining his or her Lowest Unique BidTM.
4.4 The Lowest Unique BidTM shall be determined by Us in our absolute discretion after the expiry of the time period.
4.5 Confirmation of the identity of Lowest Unique Bidder shall be communicated to the individual Bidder by Us, by whatever means it deems appropriate.
4.6 On the acceptance of the Offer by the Bidder who texts to Us what is determined to be the Lowest Unique Bid™ ("the Successful Bidder"), a binding legal contract is made for the sale of the Lot by Us and the Successful Bidder assumes full responsibility for the Lot.
5 PAYMENT AND PASSING OF TITLE
5.1 The Successful Bidder shall be required, within seven (7) days of notification of the success of his or her Bid to purchase the Lot from Us for the sum equal to the Lowest Unique BidTM ("the Purchase Price").
5.2 On full payment of the Purchase Price, We will arrange for the delivery of the Lot to the Successful Bidder.
5.3 All payments to be made by the Successful Bidder shall be made to Us in pounds sterling and sent by cheque payable to Million21 Limited.
5.4 Title to the Lot will only pass to the Successful Bidder on receipt by Us in cleared funds of the full Purchase Price.
6 DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU
6.1 Nothing in this Agreement will be construed as excluding or restricting (whether directly or indirectly) Our liability for death or personal injury caused by Our negligence or for fraudulent misrepresentation. Subject to the foregoing, Our liability to You shall be limited to the value of the Lowest Unique Bid™ whether caused by breach of contract or tort, including negligence or otherwise.
6.2 In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to recognise, process or accept Your Bid including, but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and /or failure or lack of reception of telephone or mobile telephone networks.
6.3 To the maximum extent permitted by law, all warranties and representations of any kind in relation to the accuracy of the description, or estimated value of the Lot shall be excluded. We undertake no obligation to investigate or carry out any test in sufficient depth on each Lot to verify the accuracy or otherwise of the description given and you should not place any reliance on such descriptions or assume that such investigations have taken place. Accordingly We will not be liable for any misstatement, error or omission from the description of any Lot.
If any provision of these terms and conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
8.1 Information which You provide to Us as part of the bidding process (including but not limited to your name, address and mobile telephone number) and other information which You may supply to Us is subject to Our Data Protection and Privacy Statement.
8.2 The current version of our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms and Conditions. You can view this Statement by clicking here.
8.3 We may hold and use the information you provide for our future marketing purposes and the marketing purposes of any associated company of any related products. If You do not wish Your details to be held or used by Us or any associated company, You should e-mail Us at and request that this information is removed from Our database.
9.1 Our terms and conditions shall be governed by and construed in accordance with English Law. Both You and Us hereby submit to the exclusive jurisdiction of the English courts.
9.2 We reserve the right to review and revise Our terms and conditions from time to time without giving You prior notice and by participating in the auction subsequent to any revision of Our terms and conditions, you agree to be bound by such changes.