This Buyer terms and conditions (the “Terms”) govern your access and use of the Marketplace Service that we provide to you. You acknowledge and agree that by registering for or using the Buyer and/or the A1Pigeons Marketplace Program, you, as a Buyer, expressly agree to be bound by the following terms and conditions, as may be updated and amended by A1Pigeons from time to time at its sole discretion (“Agreement”).
A1Pigeons provides a marketplace where you can discover, buy, and sell items. It’s very important to us that our platform is reliable and safe for both Buyers and Sellers, to guarantee the best possible customer experience. To make this happen, our Buyers need to accept and abide by the rules as laid out in our Buyer Terms, which form an integral part of our Terms and Conditions of Service and are incorporated herein by reference.
These Buyer Terms also outline your rights and obligations under the Contract of Sale you enter into with Sellers. In our Seller Terms, you can find the rights and obligations of Sellers.
Please, read these Terms and any additional terms applicable to your use of the Site or the Services before using it. By accessing or using the Services either as a registered user or not, you confirm your agreement to be bound by these Terms. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
In this Agreement, A1Pigeons can be referred to individually and collectively as “we” “our” “us” “Marketplace” or “A1Pigeons”, and “you” means the Buyer making use of the Marketplace.
- Registration, account security and account terms
Registration: To make use of the A1Pigeons Marketplace as a Buyer, you will be required to register. When you register, you will be required to provide certain information about yourself that is true, current, accurate and complete in all respects. If you are signing up as a Company, you must ensure that your company is valid and in good standing and that you are a duly authorized representative of the company.
Should any of your registration information that you provided to us during registration change, you are expected to notify us immediately. A1Pigeons shall not be responsible for any error in shipment, return, email or mail communication or otherwise, should you fail to notify us of any changes to your registration information.
A1Pigeons reserves the right to change required registration information from time to time and may request such additional information subsequent to your initial registration. You are required to provide any such additional information in order to have continued access to the Site.
Account Security: The account password you provide should be unique and kept secure, and you must notify A1Pigeons immediately of any breach of security or unauthorized use of your account.
Additional Terms by Seller: You may be required by the Seller to enter into additional terms or a separate registration with the Seller before you will become eligible to participate in the auction. You understand that such registration is strictly between you and the Seller and that we are not a party to the details of such registration. The addition of a payment method and credit card pre-authorization will be required in order to complete the auction registration.
- The marketplace and third-party services
A1Pigeons provides an online service that allows third-party sellers to sell Items to Buyers. We do not act as the agent for either Buyers or sellers. Our service provides a platform for these transactions to take place and as such, the actual contract of sale is directly between the Buyer and the seller. We may take actions such as limiting the visibility of your account, listing or suspending your account if we determine that you are acting against the policies herein this agreement and other A1Pigeons agreements incorporated herein by reference including all the policies and terms on our website.
In providing the platform and the services to you, we may provide certain recommendations, guidance and tips such as verbal comments, draft reports, statistics, presentations, and other documents or resources including shipping, pricing, listing etc. None of such recommendations, guidance and tips offered through our website represents or warrants that any particular information is safe to implement, appropriate or effective for you or your business and you acknowledge that you will not rely on any of its contents, but will treat the information as being only of a general and informational nature.
- Purchasing items, contract of sale and obligations as a Buyer
It’s great that you’re interested in purchasing Items on our Marketplace. Before using our Services, make sure you’re aware of the following:
The Buyer and the Seller of Item enter into a Contract of Sale. If your Bid is the highest at the end of the auction, you’ll be considered the Buyer and you will automatically enter into a Contract of Sale with the Seller of the Item. You understand that a bid is a binding contract between a Seller and a Buyer and as such, it is very important to honor such contract.
Buyers may have to pay transport costs and any additional import costs (e.g. VAT, import levies) depending on the description attached to the listing by the Seller.
The Buyer acknowledges and agrees that:
- the Buyer is responsible for reading and understanding the item listing before purchasing the item(s).
- the Buyer is entering into a legally binding contract to purchase an item when the Buyer commits to buy item(s).
- A1Pigeonss does not transfer legal ownership of item(s) from the Seller to the Buyer.
- You must not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. The photograph and description of the item are intended to serve as a guide only and must not be used to form a final opinion of the item’s suitability. Although we make efforts to make sure Sellers accurately describe all items on the Marketplace but is not responsible for any discrepancies or omissions which may exist in the description. It is ultimately your responsibility as a Buyer to form your own view on the accuracy of an item’s description prior to bidding.
- You must not engage in bid manipulation.
- You understand that the Seller is the sole controller of the auction and as such, the Seller makes the sole and final decision with respect to the sale of the listed item(s).
- Additional Terms by Seller
Each Seller may have separate terms and conditions that apply to the bidding for their listed items. You agree that in bidding for the Seller’s listed item, you accept the specific terms and conditions of that Seller and other terms which may be implied by law. It is your responsibility as a Buyer to ascertain the nature of a Seller’s terms and to abide by them
- Paying for items
Winning bid and payment: If your bid is deemed the winning bid at the end of the bidding period, you agree to promptly purchase such item by paying the full amount of the final bid price and any other applicable fees via one of the payment methods outlined in Seller’s terms, within 3 business days after the end of the auction. If you fail to pay the total money for the winning bid and any other applicable fees such as the shipping fee (if applicable) to the Seller within three (3) business days of when the winning notification was sent to you, as applicable, you shall forfeit any right to purchase such item we may deactivate your account and password so you can no longer access the A1Pigeons service.
You are responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes), duties, and levies due.
Additional fees and charges by Seller: In addition to the price of a listed item, a Seller may charge additional fees to the final bid price which will determine the total contract of the sale amount for which the Buyer is obligated to pay. Other additional fees and charges may include but are not limited to handling, shipping and other applicable fees.
- Delivery or pickup of Items
For most items in the auctions, the Seller will ship the item(s) to the address associated with your Account or to the address you provide to the Seller once your payment has been received by the Seller.
If there are any shipping issues, we ask that you work towards a solution directly with the Seller. A1Pigeons is entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location as proof that you’ve received the item. If there’s an issue with the delivery of the item and you don’t reach a solution with the Seller, you will both need to cooperate in an investigation by the logistics agency.
Arrange pickup with the Seller. In an auction, if you have won an item that needs to be picked up, you must (arrange to) pick up the item within five (5) business days of your purchase, unless you have agreed otherwise with the Seller. The specified pickup time will never be regarded as a statutory limit.
- Failure to fulfil your obligations towards the Seller
If you fail to fulfil your obligations towards the Seller under the Contract of Sale, you will be in default and the Seller will be entitled to dissolve the Contract of Sale.
- Account holds and restricted funds
A1Pigeons reserves the right to put any account on hold or permanently suspend or disable accounts due to your breach of these terms and/or due to any inappropriate use of the Site or the Services.
If we conclude that Buyer’s actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made until such issue is resolved.
Buyer hereby agrees to defend, indemnify and hold us, our directors, officers, employees, and agents harmless from and against all damages, third-party claims, suits, litigation, awards, taxes, liabilities, losses, expenses, and costs, including but not limited to, reasonable attorneys’ fees and costs (each, a “claim”), incurred by A1Pigeons as a result of or arising in any way out of (i) your use of the services provided by A1Pigeons, (ii) your breach of this agreement or breach of applicable laws; (iii) A1Pigeons’s display or sale of the items, including but not limited to, civil or criminal suits over authenticity or ownership of items, the legality of sales, or copyright or trademark infringement; (iv) your taxes and duties or the collection, payment, or failure to collect or pay your taxes as supposed; (v) your Items, including the offer, sale, fulfilment, cancellation, return refund or modification thereof, and any personal injury or death.
- Disputes with other users
We expect users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Seller and the Buyer at our sole discretion.
- Website control
We have the sole right to determine the content, appearance, design, functionality and all other aspects of the A1Pigeons Site, including, without limitation, all content provided in connection with the sale of Items sold by Seller through the A1Pigeons Site. A1Pigeons may and reserves the right to suspend any Item listing or display of Content or refuse to list any items at its sole discretion.
- Feedback and suggestions
If Buyer decides to provide or make available suggestions, comments, improvements, ideas or other feedback or materials to A1Pigeons in connection with or related to any A1Pigeons Site (including any related technology), A1Pigeons will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
In order to protect A1Pigeons Marketplace’s systems and users, or to ensure the integrity and operation of A1Pigeons’s business and systems, A1Pigeons may access and disclose any information A1Pigeons considers necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. From time to time, we may provide suggestions on how to make use of our service. Your use of such suggested information shall be at your own risk, we shall not be responsible for how you make use of such suggestion or the outcome of your use of such suggestion.