Terms and Conditions

 

 

 

 

Terms and Conditions of the Internet Online Auctions – BIG AUCTION L.LC-FZ


These terms and conditions ("Agreement") govern your use of the online bidding platform and services provided by our company BIG AUCTION L.LC-FZ. The Big Auction website www.bigauction.ae is operated by BIG AUCTION L.LC-FZ, registered in Meydan - Free Zone with license number 2310004.01. Collectively, we refer to these as "Big Auction" or "we”. By participating in online bidding through our platform or services, you ("you," "user") acknowledge, agree to abide by these terms and conditions. These terms also include our Privacy Policy and apply regardless of how you access our platforms, whether directly or through third-party sites. It is important that you read and understand these terms before using our platform or services. If you do not agree with any part of these terms, please refrain from using our platform or services.


1. Privacy Policy
1.1. Data Protection and Privacy Policy: The personal data you submit while using our platform is managed in line with our Privacy Policy, a document that forms an essential component of these Terms. We prioritize safeguarding your personal information, and all such data will be collected and stored as specified in our accessible Privacy Policy on the platform.


2. Eligibility and verification
2.1. Eligibility: You must be 21 years old or older and have the legal capacity to enter into a binding contract to participate in online bidding. By using the Platform, you represent and warrant that you are of the correct legal age to enter into this Agreement. Customer using the website who are Minor /under the age of 21 shall not register as a User of the website and shall not transact on or use the website
2.2. Personal verification and acceptance: We reserve the right to verify your identity and request additional information or documentation, including but not limited to government-issued identification to validate your registration. The Platform is not available to users whose membership has been refused, limited, suspended, or withheld by Big Auction. No user may register on the Platform as a member more than once.
2.3. Individuals with nationalities from countries subject to OFAC sanctions are restricted from accessing the Platform or its services.
2.4. Mobile and Email verification: users will not be able to bid in the Platform without verifying their mobile number via the process established by Big Auction. This might be via an SMS an SMS with OTP (One Time Password) on the entered mobile number or by any other means deemed suitable by Big Auction. However, email verification is not required but a verification link will be sent to the entered email address for verification.
2.5. Please note that your account will be activated only after verifying your mobile number. However, verifying your email address is optional.

 

3. Registration and Membership Obligations
3.1. Account Creation and Membership Validation: To access our Services and use the Big Auction Platform, you will need to create an account and register your information to establish an account. You commit to providing accurate and complete information, and you will not impersonate another person or choose a username and/or a nickname that we may find offensive in our sole discretion. We retain the right to decline an account or restrict, suspend, or revoke access to the Platform for any reason, at any time.
3.2. Account Accuracy: It is your responsibility to keep your account details up-to-date, ensuring they are always accurate and complete. If Big Auction suspects that the information provided is incorrect or not in line with this Agreement, we reserve the right to suspend, limit, or revoke your account and/or access to the Platform.
3.3. Secure login and Responsibility: When you register your account on the Platform; you will be asked for specific information, along with a username and password for platform access. You are responsible for maintaining the confidentiality of your account and password, taking reasonable steps to secure it.
3.4. Prohibited Unauthorized access and financial liability: You also agree to be accountable for all activities conducted under your account. Should someone else use your login credentials, you will be held responsible for their actions. You may not use someone else's account, and you agree to compensate Big Auction for any costs or damages resulting from unauthorized or improper use of your account and password.
3.5. Non-transferability of account: you cannot transfer or sell your account to another party. You accept sole responsibility for all activities carried out on the Platform through your account.

 

4. Electronic Communication
4.1. To meet our responsibilities under these Terms, we may need to contact you via email, other electronic messages, or through notices on the Platform. By using our services, you consent to receive electronic communications from us. Such electronic correspondence fulfills any legal obligations that would normally require communication in written form.

 

5. Using our Platform or Service.
You are only allowed to use our Platform and Services for the purposes we explicitly provide. Misusing our platform or affecting other users' experience is prohibited. Specifically, you must avoid:

5.1. Sharing false or misleading information, including the registration process.
5.2. Infringing on others' rights, like copyrights or patents.
5.3. Soliciting users to buy or sell services unless we give written permission.
5.4. Sending spam or chain letters to other users.
5.5. Using information from the Platform to harass or solicit others without their consent.
5.6. Impersonating other users or using their accounts.
5.7. Engaging in activities that break any laws or regulations.
5.8. Copying, selling, or altering any part of the Platform.

You're not allowed to hack, overload, or interfere with the Platform, nor can you attempt unauthorized access to any part of it. In short, use our Platform responsibly and respectfully, abiding by all applicable laws.

 

Payment and Refund policy

When you make a payment for any of Big Auction's Services on our Platform, your payment details are sent securely to our payment provider. Make sure to read any terms and conditions from your bank before completing the transaction. If you make multiple purchases, you may see multiple charges on your monthly credit card or debit card statement. Cardholders must retain a copy of transaction records and Merchant policies and rules. The prices listed on our Platform include VAT. Payment will be processed in AED (United Arab Emirates' Dirham). The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency.
Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.
Once the ticket is purchased, it will not be canceled, exchanged for another auction or refunded.

 

6. Return, Exchange, and Warranty Policy

6.1. You are required to review the Return, Exchange and Warranty Policy of our Authorized Dealer/Distributors, which will vary based on product selection.
6.2. The Authorized Dealer/Distributors name and their corresponding Return, Exchange and Warranty Policy will be mentioned in the product details section which is listed in the Upcoming Auction page on our website.

 

7. Cancellation Policy:
7.1. Once the ticket is purchased, it will not be canceled, exchanged for another auction or refunded.
7.2. If your bid is successful, you will not be able to cancel it and you are obligated to pay the winning bid amount, plus any applicable fees and taxes (if any), within 24 hours from the End Time of the specific auction.

 

8. Intellectual Property Rights:
8.1. The Platform and its various components, such as text, software, graphics, photos, sounds, music, videos, and interactive features ("Materials"), as well as associated trademarks and logos ("Marks"), are either owned
by or licensed to Big Auction. These are protected under both UAE and international intellectual property laws.
8.2. Some of the content displayed on the Platform may be owned by third parties and licensed to Big Auction. You are not allowed to reverse engineer or disassemble such content. The Materials are provided "as-is" for your personal use and information and may not be used for any other purpose without prior written consent from the rightful owners.
8.3. Big Auction retains all rights not explicitly granted in this agreement. You must not use, copy, or distribute any of the Materials for commercial purposes unless specifically authorized. You are also prohibited from bypassing any security features or restrictions that protect the Platform or its Materials.
8.4. The content shown on the Platform is protected as a collective work or compilation. Reproducing or redistributing it in any form is strictly prohibited. Big Auction is not responsible for the accuracy, usefulness, or intellectual property rights related to the Materials from various sources. By using the Platform, you assume all liability for your interaction with such Materials.


9. Platform Reliability and Disclaimer of Warranty:

9.1. To ensure a high-quality user experience, we regularly perform maintenance, updates, and bug fixes. However, we cannot guarantee that our Platform and Services will always be flawless or uninterrupted. As permitted by law, all functions and Materials on the Platform are offered "as is," without any explicit or implicit warranties.
9.2. While we strive for accuracy, we rely on third-party data providers for certain information displayed on the Platform. Although we aim to keep this information current and correct alongside our partners, we cannot assure its perpetual accuracy.


10. Indemnification
10.1. You agree to defend and indemnify Big Auction and its affiliates from any claims or expenses (including legal fees) arising from your breach of this agreement, violation of third-party rights, or use of our Platform or Services. This clause remains effective even after your use of the Platform ends.


11. Service Limits and Termination:
11.1. Big Auction may set limits on the usage of the Services, such as content retention duration and maximum post sizes. We can change or stop the Service at any time without notice, and we are not liable for any effects of such actions. If your account is terminated, you lose access to the Platform. Notify us immediately of any unauthorized account use. Termination does not affect our other legal rights.

 

12. Bidding Process:
12.1. Participation: Only users who has active account at the platform that satisfies all the Terms and conditions are eligible to participate in the Auction.
12.2. Active accounts are only which have a verified UAE mobile number. This verification is complete by OTP or other means of verification deemed suitable by Big Auction. Please refer to Clause No. 2 in this Agreement.
12.3. Item Descriptions: We strive to provide accurate and detailed descriptions of the items available for bidding. Bidders are responsible for carefully reviewing item details and asking any necessary questions before placing a bid.
12.4. Bidding: By submitting a bid, you are pledging to acquire the item at your bid price, provided your bid is the highest when the auction concludes. This obligation could be fulfilled through an automatic charge or the payment link provided by Big Auction using your credit card or debit card. If you do not complete the purchase within 24 hours from the End time of the specific auction, Big Auction retains the authority to revoke your purchasing rights and may either offer the item to the next highest bidder or place it back up for auction. All bids are final and are governed by the auction's terms and conditions.
12.5. Bid Increments: We may establish bid increment rules for each auction. Bidders must adhere to these rules when placing their bids in specific auction.
12.6. Winning Bids: The highest bid at the End Time of the auction will be the winning bid. In the event of a dispute or technical error, we reserve the right to determine the winning bidder at our discretion.
12.7. User Conduct: Users are expected to conduct themselves in a manner that upholds the integrity of the auction process. Any Fraudulent activity, or violation of these terms will result in immediate termination of the account.


13. Auction Start time and date:
13.1. The auction starts when either of these scenarios take place.
13.2. After 24 hours from the time all available tickets are sold. Or,
13.3.On the time and date mentioned in the specific auction.
13.4. Big Auction will notify all participants on the start time and date.
13.5. It is the responsibility of the participants to check the start time and date of the auction.
13.6. We reserve the right to extend the duration of the auction at our sole discretion, and you will be informed if any such extensions occur.

13.7. Big Auction reserves the right to extend the auction date at our sole discretion if fewer than 30% of the tickets are sold or for other operational reasons

13.8. Participants will be duly notified of any changes to the auction schedule to enhance participation and improve the bidding experience.

14. Payment and Fees:
14.1. Payment Obligations: If your bid is successful, you are obligated to pay the winning bid amount, plus any applicable fees and taxes if any, within 24 hours from the End time of the specific auction.
14.2. Payment Methods: you may complete your payment using a credit card or debit card issued by a UAE bank through our available payment options on the platform.
14.3. Purchase of tickets for your auction: By participating in any auction on our platform, you acknowledge that each ticket you purchase is non-refundable, non-transferable, and limited to the product you've chosen to bid on. Each ticket is uniquely associated with your registered mobile number and can be used in only one auction. Tickets cannot be used across multiple auctions or tied to different mobile numbers. Failure to comply with these terms may result in the loss of your ticket and potential exclusion from the auction.
14.4. All transactions are made in UAE Dirhams ONLY. Big Auction is not responsible for any loss resulting from conversion between currencies and/or loss resulting from bank transfers between different currencies.

 

15. Collection and Delivery:
15.1. Winning bidders are responsible for all shipping and handling fees if applicable, which will be specified during the checkout process. Once a product is handed to/collected by the courier/handler for delivery, risk and responsibility will transfer to the winner and we no longer hold claim nor responsibility for any damage/injury incurred in transit, or upon delivery.
16.2. Delivery: Our products are sourced from our Authorized Dealer/Distributors partner. If you win a product, you'll need to provide them with a copy of your voucher, present your valid identification (such as your national identification card, passport, driver's license, etc.). and specify whether you'd like to pick up the item or have it delivered.
16.3. Our delivery policy aligns, as outlined in their terms and conditions of the Authorized Dealer/Distributors of the selected product.
16.4. Collection of your product: To collect your product, you must visit Authorized Dealer/Distributors premises (which will be communicated to you) within fifteen (15) calendar days from purchase and present your valid identification (such as your national identification card, passport, driver's license, etc.). We may allow someone with your written Power of Attorney to collect it, but this isn't guaranteed.

 

17. Other Auction Terms:
17.1. By participating in the auction, all winners agree to let us use any content they provide or that we create, including names, photos, videos, recorded calls, and other materials, in local and regional media, on our Platform, and across our social media profiles.
17.2. By accepting this Agreement, you have given Big Auction the approval to use content mentioned in clause 17.1
17.3. We might seek your consent prior of doing that.
17.4. You have the option to revoke this consent at any time, but doing so may impact your ability to participate in future auctions.
17.5. If any winner is subsequently found ineligible to participate in the Auction, we may at our sole discretion reclaim the item or dispose of the same in such a manner and to such person as we deem fit. All such decisions will be in line with applicable laws.
17.6. We bear no responsibility for procuring insurance, such as travel or medical insurance, or covering costs like transportation and meals for winners, unless explicitly agreed upon in writing. Additionally, we are not liable for any claims, damages, or costs arising from loss, illness, or injuries, including fatal ones, experienced by the winner or any third party while using any item. Winners are solely responsible for any applicable tax obligations.

17.7. To uphold the integrity and fairness of our operations, Big Auction expressly prohibits the participation of First Degree Relatives (defined as parents, children, siblings, and spouses) of our owners, shareholders, management, employees, and entities with which we have contractual relationships, in any auctions or bidding processes. This encompasses all forms of participation, whether direct or indirect.Failure to comply with this policy will result in seious action, which may include cancellation of account. Big Auction reserves the right to enforce this policy through appropriate measures, including but not limited to audits and investigations.


18. Disputes and Liability:
18.1. Dispute Resolution: In the event of a dispute between bidders with the Company related to the winning bid decisions we encourage parties to communicate and attempt to resolve the issue amicably. If a resolution cannot be reached, we reserve the right to mediate or provide a final decision at our sole discretion.
18.2. Limitation of Liability: The Company is not responsible for any loss, damage, or injury resulting from participation in online bidding, the use of our platform, or the items being auctioned.


19. Force Majeure:
19.1. Neither party shall be held liable for any delay or disruption of services delivered or failure to perform itself and/or its obligations resulting directly or indirectly due to unforeseen circumstances beyond its control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties natural disasters, war, or other calamities.

20. Modifications and Termination:
20.1. Modification of Terms: We reserve the right to modify or update these terms and conditions at any time. Any changes will be effective upon posting on our platform, and it is your responsibility to review them periodically. Continuing to use the Platform or participating in Auctions after any changes implies your acceptance of those updates.
20.2. Termination: We may suspend or terminate your access to our platform or services at our sole discretion if you violate these terms and conditions or engage in any fraudulent or unauthorized activities.

 

21. Compliance with business best practices
21.1. Participants in this auction agree to a transparent bidding process, where the incremental bid is determined by order and may change based on set limits. The auction company's profit comes from entry fees, seen as a service fee for managing the auction. Our auction process is designed with clear terms to align with universally accepted business principles and practices.


22. Value Added Tax (VAT)
22.1. Value Added Tax (VAT) of 5% will be included in the ticket price and a VAT of 5% will be included in to the final auction item price as required by the United Arab Emirates Government's Federal Tax Authority (FTA) Law No. 8/2017. This includes all applicable fees like administrative fees, storage fees, delivery fees, as stated in the law of the Federal Tax Authority.


23. Contact Information:
23.1. For any questions, complaints, or comments, please contact us at info@bigacutio.ae


24. Governing Law:
24.1. This Agreement shall be governed by and construed in accordance with the laws of United Arab Emirates. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of U.A.E.
Further, this agreement governs the relationship between all parties involved in the site. It's important to understand that any confusion or misunderstandings should not harm anyone's interests. The regulations and laws specified by "Big Auction" apply, unless the CEO signs an agreement stating otherwise. If an agreement is not signed by the authorized party, whether verbally or in writing, Big Auction is not legally responsible or obligated.
By using our online bidding services, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions. If you do not accept the terms and conditions, please refrain from using our online bidding service