Welcome to Noiseshape!
1 QUALIFYING PERSONS
1.1 Noiseshape operate auctions resulting in the allocation of auction items in accordance with these Terms on noiseshape.com (the ‘Website’).
1.2 Auctions are open to all persons aged 18 and over and the age of majority in their country of residence excluding the Promoter’s employees or members of their immediate family, agents or any other person who is connected with the creation or administration of Our auctions.
2 LEGAL UNDERTAKING
2.1 By entering an auction the Entrant will be deemed to have legal capacity to do so, You will have read and understood these Terms and Conditions and You will be bound by them and by any other requirements set out in any related promotional material.
2.2 These auctions are governed by English law and any matters relating to the auction will be resolved under English law and the courts of England shall have exclusive jurisdiction.
2.3 In the event that You participate in a auction online via The Website, and by accepting these Terms and Conditions You confirm that You are not breaking any laws in your country of residence regarding the legality of entering Our auctions. Noiseshape will not be held responsible for any Entrant entering any of Our auctions unlawfully. If in any doubt You should immediately leave Noiseshape and check with the relevant authorities in your country.
3 AUCTION ENTRY
3.1 Auctions may be entered via The Website. Multiple auctions may be operated at the same time and each auction will have a specific winning Item/s.
3.2 Availability and pricing of auctions is at Our discretion and will be specified at the point of sale on Our Platform.
3.3 In order to enter into an auction and start bidding, You will need to register an account at Our Platform. You can register an account online here. By registering at Noiseshape You are agreeing to Our Terms & Conditions, Privacy policies.
3.4 When entering an auction online at Noiseshape, you must follow the on-screen instructions to: (a) Select the auction(s) You wish to enter. (b) Provide Your contact and payment details, when you are ready to purchase your ticket(s). (payment details are only required for paid entry tickets/bids). You will need to check your details carefully. By placing Your order/purchasing Entries (tickets), You are agreeing to Our Terms & Conditions, Privacy policies. (c) Once Your bid has been placed, We will email You to confirm Your entry into the auction.
3.5 The Promoter reserves the right to refuse or disqualify any incomplete entries if it has reasonable grounds for believing that an Entrant has contravened any of these Terms and Conditions.
3.6 Only paid entries (tickets/bids) are limited per user in each auction , please visit individual auction page for complete details. Abuse of this limit will not be tolerated and if the Promoter has reasonable grounds to believe that an individual is exceeding this limit, for example by entering a auction using multiple accounts, it reserves the right at its sole discretion to void any orders. In addition, if any person using a single account exceeds the paid entries (tickets/bids) that is specified in single auction page for any reason, the Promoter reserves the right at its sole discretion, to void any tickets without notice firstly on a chronological basis with respect to orders, and then on a sequential basis with respect to ticket references contained within an order, so as to void any tickets exceeding paid entries (tickets/bids) entered into the auction.
3.7 All Entrants must have an account at Noiseshape prior to entering.
3.8 We offer an alternative means of bidding in an auction. Please go to section 4 as we describe in detail how it works.
4 START DATE
4.1 Auctions start on a specified date which is displayed on single auction pages.
5 CLOSING DATE
5.1 Every auction has close/end date and time displayed in single auction page.
6.1 Noiseshape uses computer programs that will monitor User auction bids. All auction bids will be reviewed by Noiseshape employee to stop any fraud or scam in our auctions. The user with highest amount of bids for each auction will be announced the winner. Auction winner will be announced on the winners page, here.
6.2 The Promoter will attempt to contact winner/s using the telephone number and email address provided at the time of entry (or as subsequently updated) and held securely on Our database. It is the Entrant’s sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
6.3 If for any reason the Promoter is unable to contact the winner/s within 5 days (which may be extended at the sole discretion of the Promoter) of the end of an auction or the winner/s fails to confirm acceptance of the prize for whatever reason or the winner/s is disqualified as a result of contravening any of these Terms and Conditions, the winner/s hereby agrees that it will immediately, irrevocably and automatically forfeit the prize and the prize will remain in the possession and ownership of the Promoter and winner/s will have no further claims against the Promoter.
7 WINNER’S DETAILS
7.1 The winner will be required to show valid (none expired) passport/driving licence as proof of identification on delivery of the prize. Any failure to meet this requirement may result in the winner being disqualified and the Promoter retaining the Prize.
7.2 Following receipt and verification of the details requested above by the Promoter, the winners will be contacted in order to make arrangements for delivery of the prize.
8 AUCTION ITEMS
8.1 Auction items are determined, selected by The Company. Details of each item can be found on single auction pages. Noiseshape take no responsibility for the prize awarded after delivery has taken place. Once the winner receives the prize, the Promoter does not insure the prize. No insurance comes with the prizes and the Promoter is not responsible for the prize once it has been handed over to the winner.
8.2 Delivery of the prize to the winner’s is 100% free however the Promoter has the right to and/or may charge the winner delivery fees if they require the prize to be delivered to an address outside Great Britain and/or an address other than the one linked to the Website account.
8.3 All Entrant expenses to collect the prize are the sole responsibility of the winner.
8.4 The Winner hereby agrees that all prizes are subject to and are conditional on the Terms and Conditions of the Promoter, prize provider, manufacturer and/or supplier and/or anyone that is involved in the provision or delivery of the prize to the winner.
8.5 Each prize must be accepted as awarded and is non-transferable and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers and/or third parties.
8.7 Promoter uses manufactures official website to obtain auction item ORV at the time of auction initial start date.
8.8 If auction item is not available winner/s can choose from one of the options below: (a) Request an alternative prize with same specifications, cost no more than ORV or (b) Request ORV to be transferred into their bank account.
8.9 ORV: Original Retail Value is the price of auction item at the time of auction initial start date. (every auction contains an ORV labelled RETAIL, which can be found in the GRAND PRIZE SPECIFICATION section of each auction.)
9.1 The Promoter can store the chosen prize free of charge for up to 30 days after notifying the winner, at the end of which time the prize will be delivered to the winner. If the Prize needs to be stored by the Promoter for more than 30 days then this shall be at the entire cost of the winner where such cost will need to be paid by the winner to the Promoter before the winner receives the prize.
10 WINNERS’ PERSONAL DATA
10.1 By entering into an auction, You agree to the use of Your name, address, and/or photograph or other likeness, as well as Your appearance at publicity events without any additional compensation (except for reasonable travel expenses that are approved in writing in advance by the Promoter) and as required by the Promoter if You are declared a winner.
10.2 All winners will also be required to provide photographs and/or pose for photographs, videos and have their personal details (including details of any Prize won by them) which may be used in future marketing and public relations by the Promoter in connection with the auction and in identifying them as a winner of auction.
11 LIMITS OF LIABILITY
11.1 The Promoter makes or gives no representations and/or warranties and/or assurances of whatever nature and howsoever arising (and whether in writing or otherwise) as to the quality, suitability and/or fitness for any particular purpose of any of the goods or services advertised, offered and/or provided as Prizes. The Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize winner/s and, where applicable, to any family/persons accompanying the winner/s, or in connection with any of the auctions promoted by the Promoter.
12 ELECTRONIC COMMUNICATIONS
12.1 No responsibility will be accepted for failed, partial or garbled computer transmissions, for any computer, connections, network, cable, telephone, electronic or internet hardware or software malfunctions, failures, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter reserves the right to reclaim the auction item and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the prize will immediately at the Entrant’s own cost and expense return it to the Promoter in its original state and without any damage and/or pay the OVR to the Promoter for that Prize (at the option of the Promoter). The Promoter shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons. The Promoter shall use its reasonable endeavours to ensure that the software and Website used to operate its auctions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
13 ALTERNATIVE ENTRY
13.1 Alternative entry route will require you to accept all Our Terms & Conditions, Privacy policies.
13.2 Bids/tickets placed using alternative entry route (Participate now for free) will be treated in exactly the same way as paid bids/tickets.
13.3 One free entry for each auction item per order. (unlimited free entry)
14 DATA PROTECTION NOTICE
14.1 Any personal data that You supply to the Promoter or authorise the Promoter to obtain from a third party, for example, a credit card company, will be used by the Promoter to administer the auction and fulfil prizes where applicable In order to process, record and use Your personal data. The Promoter may disclose it to: (a) Any credit card company whose name you give; (b) Any person to whom the Promoter proposes to transfer any of the Promoter’s rights and/or responsibilities under any agreement the Promoter may have with You; (c) Any person to whom the Promoter proposes to transfer its business or any part of it; (d) Comply with any legal or regulatory requirement of the Promoter in any country; and (e) Prevent, detect or prosecute fraud and other crime. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the United Kingdom, in which event the Promoter is responsible for ensuring that Your personal data continues to be adequately protected during the course of such transfer.
15.1 The Promoter hereby reserves the right not give or make a prize until it is satisfied that; (a) The winner has a validly registered Website account and/or is not in breach of these Terms and Conditions. (b) Any and/or all amounts due or owing by You to the Promoter have been paid in full. (c) The identity of the winner and his or her entitlement to receive the prize has been established to the Promoter’s satisfaction (in particular, the Promoter reserves the right to request documentary proof of identity and not to give or make a prize until satisfied appropriate proof of identity has been provided). (d) The Promoter may require proof of age to be produced before giving or making a prize. Prizes will not be given or made to winners found to be under the age of 18.
15.2 Without prejudice to rule ”14.1” above, the Promoter reserves the right not to make or give a prize if it reasonably suspects the occurrence of fraud in relation to an auction.
16 UNAUTHORISED USE & EXPIRY OF YOUR DEBIT CARD
16.1 If You notify Your nominated bank (or building society) that your debit card has been used without your permission in relation to an auction and your nominated bank (or building society) asks the Promoter to return the relevant amount to your nominated bank (or building society) account, the Promoter may suspend your account at Noiseshape and all of its subdomains. The Promoter accepts no responsibility and will have no liability for any chargebacks.
16.2 If Your debit card is due to expire, the Promoter will use reasonable efforts to return the funds in your account to your debit card before midnight on the day it expires. If it is not able to do so, the Promoter will use reasonable efforts to alert you of this and you should, in these circumstances, contact the Promoter to arrange another appropriate way for the Promoter to return the funds to a bank account in Your name only.
17 CARD PAYMENTS
17.1 To prevent fraud and make sure you are the bank card holder and process your payments in Our Platform we ask you to provide details linked to your bank.
17.2 Noiseshape uses 3D Secure to meet Strong Customer Authentication (SCA) requirements.
18.1 You have 14 days from purchase date to cancel your paid bids and receive full refund.
18.2 To process your refund request please allow at least 14 working days.
18.3 To request refunds, please contact us at email@example.com and we will notify you by email when your refund has been processed.
18.4 Free bids linked to your paid bids will be cancelled, if paid bids fall below minimum paid entry.
In order to gain access to free entry for an iPad auction, you will require to purchase 3 paid bids first and after that you can use “Participate now for free” to obtain as many free bids as you like.
All of your free bids on iPad auction will be cancelled and removed if your paid bids for this auction falls below 3.
18.5 If for any reason any aspect of an auction is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of the competition, the Promoter will give all Entrants full refunds to enable them to replay equivalent tickets in a subsequent auction.
Updated on 27 July 2021