Terms & Conditions

Terms and Conditions

Introduction

Welcome to X5! Your number one stop shop for great deals through bidding for your favorite items and win.

The terms and conditions that are made herein set out the applicable rules of our services in relation to your subscription in X5.

It is incumbent upon you that you have read these terms and conditions. Your use of our service and as well as your participation towards the bidding of your chosen items will automatically constitute that you have read and accept these terms and conditions.

X5 serves as a venue where buyers will have the opportunity to purchase items at a low, low price through placing a bid. X5 provides a new meaning of purchasing power of the buyers known as 'reverse auction' which consists of having the lowest unique bid upon the end of the bidding period would win. This can only happen upon becoming a member of X5 which will be done through registration as well as payment of proper administration fees. This is the time when you will have the permission to bid which is subjected as per your acceptance to these terms and conditions.

X5 reserves the right with regard to changing the contents in these terms and conditions without notification to its members. It is highly recommended to review these terms and conditions to check for any changes that would affect your membership, participation in the bidding and others.

The currency that would be used here in X5 is in Australian Dollars (AUD).

How to become a bidder of X5's products

To become a bidder of X5's products, it would require you to become a subscriber upon filling out a registration form on the site.

Anyone can join the bidding, provided that you are over 18 years old or at the right age to bid as per required of your law in your country.

It is your sole responsibility that all sufficient equipment and software are used in order to connect right to the site. It is your responsibility to make sure that such equipment or software will not at any rate interfere with our X5's operations.

As found out that every equipment or software would cause any disturbance to the daily operations of the site, X5 will have to immediately end this agreement.

Subscription

The subscription contract will start after providing you with access to the site which will be based by a username and password that you have made for this purpose.

Upon starting of the subscription contract, you will be able to bid in an auction through delivery of your username and password thru your email address.

You are not allowed in any way to assign or transfer your subscription. X5 has the right to assign rights and obligations under this contract and to receivables which are based upon this contract to a third party upon a written notice send to you, and provided such terms will not be less favorable to you.

Subscription remains in effect until such time there is a termination or cancellation made by you or by X5.

How it Works

Acceptance of Terms and Conditions

Through entering any bid for a certain item, the bidders confirm that they have read and fully understand such conditions of entry and are deemed to have accepted the same upon placing a bid, regardless whether the bid is valid or not.

Bidding for an item is open to all who are of legal age to bid as provided by the laws of their respective countries. All bidders should ensure that under their respective laws in their countries there is no prohibition in participating in any bid particularly at X5.

Opening and Closing of the Auction

As to the opening and closing date of every auction is well defined by X5 and is available right in our site.

Bidding Restrictions

X5's and promoters' employees as well as their immediate families are not allowed to participate in any manner to bid for a certain item in this site.

There will be maximum number of bids that will be provided to the bidder right upon the discretion of the promoters.

Bidders should participate in the bidding by being fair and honest. A bidder must not in any way discloses details in relation to the bidding to a certain person before the auction closes. A bidder must not enter into any agreement with other bidders.

Bids must be submitted by individuals and not done by computer generated robots. A bid which is computer generated would constitute a void bid.

Making a Bid

Placing a bid for a certain item is done through www.x5.com.au. Bids must submitted in whole cents through the using of the bidding form.

The bid must not constitute any negative figures and must constitute more the $5,000. All bids made are sealed so that other bidders would not know what other bids have been offered by other bidders on the site.

All bids should be in the currency of Australia which is Australian cents and GST is included.

Every bid being placed there is a corresponding administration fee that will be deducted right from the subscriber's bid bank. The amount of the fee being charged per bid is being stipulated by X5 and might change from time to time.

Upon submission of the bid, the subscriber would then receive a reply from the administration with regard to the status of the bid that will give notice that:

1. The bid is as of the moment is the lowest unique bid.

2. The bid is as of the moment the unique bid but not the lowest unique bid.

3. The bid is not unique.

4. The bid invalid.

5. The bidder reached the maximum number of bids that can be allowed in the auction.

There will be a notification which will be sent thru email of the status of the bid changes from one category to another.

All bids are being processed in the order upon receipt right thru the database. There will be no responsibility that X5 will shoulder upon the misdirected, late or delayed of the bids as a result of any technical disruptions or for other reasons at all.

The bidder acknowledge that upon submission of the bid, there will be a deduction of an administration fee right from the bidder's bid bank.

Offer and Acceptance

Through the placing of a bid in the auction, the bidder offers to buy such item being auctioned during the auction period. If such offer is accepted by X5, then it creates a contract which is legally binding for the bidder who will be chosen as the winner to purchase such item. The contract will be deemed to include the standard terms and conditions given by the suppliers of the items that the bidder has offered to buy such item to the extent that, despite of the presence of any provision:

1. The ownership as well as the title of the item does not pass automatically to the successful bidder until such time that X5 will receive a full and clear payment for the item and risk of such item will then passes to the successful transfer of the item to the winning bidder.

2. For foreigners, to be considered as bidder, offers to buy the item in cash amount. If such offer is accepted by X5, this creates a contract between the winning bidder and X5 to purchase such item at the cash amount from X5 at the lowest and unique bid made by the winning bidder.

3. Bidders outside Australia will not be liable for any tax or gst in placing a bid or purchasing bid bank credit.

All terms, warranties and conditions other than what are expressly included in these terms and conditions are deemed excluded, except to the extent to excluded a provision that is prohibited by law.

Conclusion of Auction

Before the conclusion of the auction, X5 will then send you a notification message through email which will inform you:

1. The auction is about to close.

2. The value of the winning bid.

3. Notification that there is a new item which will be offered if there will be a new auction that will soon start.

Bid Bank Credit

The unused bid bank credit will still be in your account until such time you decide to use it or until the termination of your subscription from X5.

If there is an excess as to the total administration fee compared to the amount of credits left in your bid bank, it means you need to deposit funds right to your bid bank before making any bid.

The bid bank credit will only be used to bid in the auctions that are being offered from X5.

Payment of Administration Fee

The subscriber warrants that he or she is the sole owner of the credit or EFTPOS card and has the authority to make use of it for the sole purpose of purchasing credit to participate in the service as well as during the auction.

X5 use one or more third- party payment providers for accepting payments to your bid bank. X5 ensures the exercise of due care in handling credit or EPTPOS card information, as well as the use of Secure Sockets Lawyer for the transmission and use of any sensitive information over the internet and the use of industry encryption for storing such sensitive information including password, having firewall access control towards this information, X5 will not be liable for any misuse or compromise of such information.

Disqualification

X5 reserves the right to verify the correctness and validity of the bids entered and to disqualify any bidder who places a bid which is not in consonance with X5's terms and conditions. The winning bidder must give proof of identity and residency before the item will be transferred to you. It is upon the discretion of X5 to accept any alternative identification as a means of identifying your identity.

Determination of the Winning Bidder

The individual who has placed the lowest and unique bid right before the auction closes will be deemed to be the winning bidder.

The lowest and unique bid is that bid which has the lowest value offered in whole cents for the item and which has not been offered by any bidder for such item. If at any instance there is no lowest and unique bid, then the winning bidder is being determined by the two lowest bid amount which has the same exact bid. The first bidder who was able to place the bid will be determined as the winner. If there will be no winner, the process will be repeated for the lowest three bid amount which has exactly three bids. This will be the process use until such time the winning bidder will be determined.

The winning bidder of the item will then be notified right at the end of the auction period through telephone call for the arrangement of payment for such item. The winning bidder will then be required to pay for such item at the price placed by the person within 7 business days of being notified of the successful bid. The successful bid will be rounded up to the nearest whole legal tender cent.

There are four modes by which payment will be accepted by X5, these are: paymate, direct bank deposit, money order or bank check. If within 7 business days after the determination of the winning bidder, and duly notified of the success of the bid, the bidder did not send any payment, then the bid will be deemed forfeited and will not be able to purchase the item anymore.

Termination of Subscription

If at any time you may want to terminate your subscription to X5 then feel free to do so.

Send an email to: info@x5.com.au

The termination of the subscription will be effective within the next 48 hours upon receipt of your request.

All unused credits will then be automatically expire upon the termination of your subscription.

Refund and Termination of Bids

X5 reserves the right to cancel any bid without making a refund of the paid administrative fee under any of the following circumstances:

1. The bidder made any false representation that tends to mislead or provide an invalid information in any kind upon registering or purchasing credit to the bid bank or upon placing of a bid.

2. Usage of a fraudulent credit card to purchase credit for the payment of administrative fee(s).

3. The credit card institution or the bank reverses the credit card transaction made for the purchase of credit for the bid bank for the submission of the administrative fee.

4. Bidder in any way is in agreement with any other bidder in placing a bid.

5. Breach of any of these terms.

6. Bidder attempts to exceed the bid limit for a particular auction period which is in breach of terms and conditions.

X5 reserves the right to do the following:

1. Cancel any bid and offer for a refund for the applicable administrative fee in credits back to your bid bank only if bid is placed with credits is done for the payment of administrative fee and X5 receives the bid right after the auction has been closed.

2. Absolute discretion to withdraw, cancel, reject, suspend or bar a bidder with his or her corresponding bid at any stage during the period of the auction.

3. For any reason that the auction is not capable to run as planned due to: bugs, computer virus, tampering, technical failures, unauthorized intervention, fraud or any other causes that would lead to corrupt the integrity as well as the proper conduct of the auction, X5 has the right to modify, suspend, cancel or terminate the auction.

4. In the event of state emergency, terrorism, war, disaster or to any event that is beyond the control of X5, then cancellation, termination, suspension or modification of the auction should be done.

5. In term of no stock, product recall, etc X5 will replaced with similar or upgrading in favor to customer at no cost.

Security of your Account and Personal Information

You will be responsible for all activities that you engage in that occur through your subscription.

You agree to have X5 be notified immediately in cases where you are of suspicion or aware of any unauthorized use of your account, password or subscription, as well as any breach of security to ensure you that you are will log out from your account every end of the session.

X5 will not be liable to any loss or damage that arises from failure to comply with the previous section. You recognize and agree that such service will not be use for any purposes which are commercial in nature.

Through having a request, X5 will register you as a user and will give you access to the service by giving you a personal name as well as password. You are responsible for maintaining confidentiality as to your account and password.

In exchange of using X5 service, you therefore agree to:

1. Give the true, complete and accurate information about yourself as stated in the registration form.

2. Promptly update your registration data to keep it true, complete and accurate.

3. Ensuring no script used, hacked in, activity that will disbenefit X5 as X5 reserve the right to cancel or disabled your X5 Account.

No Liability

X5 will not be liable for any information that are incorrect or inaccurate of which are caused by you or any programming or equipment used in the conduct or participation at the auction or for any technical matters. Such conditions as deletion, omission, interruption, defect, delay in operation, theft, unauthorized access or alteration of bids.

X5 will not be responsible as for late, lost, incomprehensible or incorrect bids.

X5 will not be liable for any loss or damage incurred upon shipment unless the winning bidder will provide insurance for it. Insurance will answer for such damage or loss. Acquiring insurance is an option for the winning bidder which can be availed of by asking X5 regarding this matter.

Severance

X5 will not be liable for failure to comply with these terms and conditions. If a part or provision of these terms and conditions is found to be unenforceable, invalid or illegal for whatever reason, that part or provision will be severed and the rest of the provisions will continue to be in full force.

Warranties and Representations

X5 warrants as to the maximum extent as permitted by law, all representations and warranties of any kind with regard to the accuracy of the description or the estimated value of the item is deemed excluded. X5 shall have no obligation to investigate any test in relation to the sufficiency to the item to verify its accuracy and you should not solely rely on such description or even assume that such investigation did occur. X5 will not be liable for any error, omission or misstatement from the description as stated in the item.

Alteration

Alterations made to these terms and conditions will only be made by X5 and will be posted in this site. It is incumbent upon the subscribers to check the website every now and then to check whether such change will not affect you.

Delivery of Products

Upon receipt of the payment made from the winning bidder for an item. The item will be dispatched within 7 days.

Delivery cost will vary dependent whether is to Australia or internationally. Insurance will be given upon request of the winning bidder.

For Damaged Item

For items received by the buyer upon winning the bid is damaged, there will be no reimbursement, however X5 will replace such item with following conditions:

1. You have done a thorough inspection of the item shipped by X5 for any damage before signing the receipt from the carrier and take note on the nature and extent of the damage on the receipt.

2. In any event of the damage being concealed or obvious, you will then notify X5  within 7 days upon receipt of such item, while retaining the item and the packaging for inspection by the carrier.

3. In any event that the carrier did not issue a damage call tag, it will be your sole responsibility to return the damaged item to us, carefully packaged and the freight is pre-paid by you for inspection.

It is upon X5's discretion to determine whether the item at the time of F.O.B shipment was damaged.

Replacement of the item will be made immediately if you choose too and an invoice will be given. The original net invoice price will be then credited and immediately issued provided the preceding conditions are met. 

Product Guarantee

All products that are auctioned at X5 are solely covered by the manufacturer's warranties as stated in the description at the auction.

There are no other warranties that will apply except to the extent that is required by law.

Disclaimer

X5 makes no warranty either express or implied and delivers such item as its present condition. X5 specifically disclaims any implied warranty as to the item's fitness or merchantability for a particular purpose. There are no warranty or representation, including but not limited to suitability for use, statements of quality, whether made by X5's employees will be considered as a warranty made by us for any other purpose or will create any liability on the part of X5.

If the winning bidder believes that the item is defective with regard to the material or workmanship, the customer may return such item and replacement will be made. Such item will be determined at the sole discretion of X5 if it is defective or not, if found to be defective then X5 will do the necessary actions to replace such item.