Terms of Use

These General Terms and Conditions of Contract (GTCC) shall apply to the purchase of all goods of WinnerBidder cPlc. available for purchase at pantiesbid.com (Webstore). A contract concluded in the Webstore shall be considered a non-written contract concluded online and not signed, the content of which will be filed and archived. The technical and legal information required for use of the Webstore, which is not included in these GTCC, is provided by the other information materials available at the website. WinnerBinder CPlc. shall be subject to no code of conduct. By using the Webstore and visiting the website and by Registration, the buyer accepts the provisions of these General Terms and Conditions and acknowledges them as binding for himself/herself.

1. Webstore operator (hereinafter referred to as Provider)

Name: WinnerBidder cPlc.
Registered office: 1133 Budapest, Kárpát utca 7/B. HUNGARY
E-mail address: [email protected]
Provider’s mail address: [email protected]
See further information on the Provider’s particulars under Imprint.

2. Use of the service and the Webstore

{0>a) A jelen ÁSZF hatálya kiterjed minden olyan elektronikus kereskedelmi szolgáltatásra, amely a www.xxxx.hu weboldalon (jelen ÁSZF-ben: mint Weboldal) található elektronikus áruházon (Webáruház) keresztül történik.<}0{>a) The scope of these GTCC shall cover all electronic commerce services that are provided through the electronic webstore (Webstore) available at website pantiesbid.com (for the purposes of these GTCC: Website).<0} {0>A Webáruházban történő vásárlást az elektronikus kereskedelmi szolgáltatások, az információs társadalommal összefüggő szolgáltatások egyes kérdéseiről szóló 2001. évi CVIII. törvény („EKTV”) szabályozza.<}0{>Purchases made in the Webstore are subject to the provisions of Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services. <0}{0>A Webáruházban történő vásárlás elektronikus úton leadott megrendeléssel lehetséges a jelen ÁSZF-ben meghatározott módon.<}0{>Purchase from the Webstore may be carried out by placing an order electronically in the manner described in these GTCC.<0} {0>The language of the contract to be concluded between the parties under these GTCC is either Hungarian or English or Spanish.
b) Orders may be placed in the Webstore only electronically, online, at pantiesbid.com. The Provider shall accept no orders placed by phone, fax, e-mail or mail and no contract is concluded between the parties based on such orders.
c) Purchases in the Webstore shall be subject to registration. During registration the buyer shall provide the information requested by the Provider, as well as an existing e-mail address and a password to be selected freely by the buyer. Orders will be fulfilled and delivery will be carried out only if accurate information has been provided. The Provider shall not be liable for any damage arising from use of the information provided by the buyer inaccurately and for concluding a transaction failed or not performed due to information provided inaccurately or for attempting performance again. After registration the buyer will be able to log in the ordering interface of the Webstore using the e-mail address and password given previously. The buyer can place orders only after registration. The buyer may subscribe for newsletters and marketing mails either upon registration or when the individual orders are finalized and in such a case the Provider may approach the buyer with special offers, promotions and campaigns by sending newsletters to his/her e-mail address. After registration a confirmation will be sent to the e-mail address given but the buyer may place orders only through the Webstore at pantiesbid.com. Both registration and the subsciption for newsletters shall be confirmed by clicking on the confirmation link sent by e-mail to the e-mail address given, which will be recorded by the Provider.
During Registration, before completing the registration, the buyer shall click on the respective tick box to declare he/she is over 18 and shall accept these GTCC and the Privacy Statement.  
The buyer may at any time inspect or modify his/her data provided upon own registration after log-in to “My account” and may, when placing the individual orders, place orders with the Provider using data deviating from those given upon registration.

3. Course of purchase

In order to increase transparency, the products of the Webstore are displayed in the Webstore assorted by models.  By clicking on the model image or the related link detailed desciption of the model will appear. The images for the products are illustrations only and inserted in the Website for information of the buyer. Presentation of the product purchased may differ from the image displayed during the purchase and the characteristic features of a product are always included in the product description.
a) For carrying out a purchase, the buyer should first of all log in the Website using the data given during registration. If he/she has not registered yet, he/she may do so by clicking on Registration.
b) The products in the Webstore may be purchased only through auctions based on rising bids. The winner of the auction, and so the buyer, will be the user who has made the highest bid.
c) Purchases shall be conducted as follows:
  1. In order to purchase the second-hand article of clothing (Product) worn by the model, the buyer selects the Product to his/her taste from among the auctions in progress and, by clicking on the Product, he/she will be able to participate in the auction for the respective Product.
  2. If he/she intends to purchase the Product and to participate in the auction, he/she may do so by placing the bid so that he/she increases the purchase price currently offered and displayed as a bid by USD 10 according to the predetermined bid increment of USD 10 over the current bid displayed at the Website. A new bid may be made always by using an increment of USD 10. The buyer will be allowed to set automatic bids so that a maximum bid selected by the buyer discretionally from the drop-down menu is set. If external bids are received, the Website will make automatic bids using the increments until another bid is received but until no later than the auction reaches the maximum bid price given by the buyer.  
In order to avoid misunderstandings, bids are conducted as follows:
It is always the starting price or, in the case of bids, the current bid price that is displayed for the respective product. By clicking on the „Bid” button next to it, a single bid of USD 10 may be made. If no one has set an automatic bid for the respective product, the price will increase by USD 10 and the bidder will be the winner at the auction.
If any one else has set an automatic bid, the bid price will increase by USD 20 after bidding and, in default of other bids, the user of the automatic bid may become the winner at the auction. In such a case bids may be made again and again.
Automatic bidding can be set by selecting an element of a drop-down list. The list contains 20 elements. The first step represents an increment of USD 30 and each additional one represents an increment of USD 20. The first step represents USD 20 because automatic bidding is activated when somebody else makes a bid and so the difference between the two bids of the user is USD 20. (The intermediate USD 10 is the bid of the other user.) Nevertheless, it may not be more than USD 20 even if several users set automatic bidding because by the time the third user sets his/her own bidding, the first two ones have already reached any of the maximum bids set. The first step is USD 30 because it includes a prompt bid as well. (E.g.: The current price is USD 150. The first step of automatic bidding is USD 180, and the next ones are USD 200, 220, 240 etc. If anyone is chosen, firstly an USD 10 bid is made for the product and so the current price of the product will be USD 160 and secondly the appropriate amount is set as automatic.)
As the list contains exactly 20 elements, the maximum bid that can be set is always the current price plus USD 410.
  1. The winner is the user who has made the highest bid and will become the bidding buyer.
  2. According to Section 6:64 of the Civil Code, the user who has made a valid and successful bid in the Webstore as a buyer shall remain bound by his/her bid until closure of the transaction as the binding period cannot be excluded due to the type of the service. The binding period shall correspond to the duration of the transaction.
  3. After closure of the auction the winning buyer will receive an electronic mail from the Webstore summarizing the characteristics of the Product purchased and inform the buyer of the manner of payment by sending simultaneously the link necessary for payment.
  4. The buyer shall have 48 hours for payment of the purchase price, after which the link will become inactive and the Webstore will delete the bid and will be entitled to sell the Product again. The buyer shall not be entitled to claim the Webstore to performing the service again.  
  5. After closure of the transaction a contract is concluded between the seller and the buyer. The provisions of the contract shall be performed and observed both by the buyer and the seller, i.e. the seller shall sell the product offered at the hammer price received and the buyer shall purchase and take over the product at such hammer price. In the case of auction sale, if the buyer’s bid is the highest, both the seller and the buyer shall perform the transaction.
  6. Should the buyer fail to pay the purchase price in due course, the Webstore will be entitled to terminate access of the buyer as a user by deleting the buyer’s registration and to prevent use of the registered e-mail address for a new registration. 
d) The buyer acknowledges that sending of the bid shall be deemed as an order giving rise to an obligation of performance only if the bid is the winning bid.  
e) If the bid is the winning bid, the Webstore requests the buyer – prior to and as a precondition for payment – the delivery details (name and address) if such details have not been given during registration. Failure of providing the delivery details will exclude the Webstore’s obligation of performance.   
f) If the buyer needs an invoice, he/she should indicate this and give the invoicing address.
g) The buyer shall be allowed to initiate the payment process directly after closure of the auction, from the auction page of the Product, instead of using the confirmation link received by e-mail. 
h) Approval of the order. After initiation of the payment process and giving of the delivery details, the Webstore will summarize the data of the order. The buyer may inspect the Product ordered and the exact final amount, the delivery and invoicing addresses given by the buyer and all the data he/she has given during the order process. He/she may attach a comment to the order, e.g. indicate if the place of delivery needs special access, if intercom is to be used for entry of the house etc. The order may be finalized by clicking on „Pay”. The website notifies the buyer of the successful order by its confirmation to the buyer in an automatically generated e-mail. 
 

 

4. Conclusion of the contract

Contracts may be concluded in the Webstore only in Hungarian, English and Spanish languages. 
In the event the buyer has finalized the online order process by giving the data requested in the order process and has approved the order, i.e. clicked on „Pay” and ticked the checkboxes necessary for approval of the order, which express acceptance of these GTCC and the privacy statement, the buyer places an order that is deemed as a bid made during closure of the auction. The Provider will confirm the content of the order, i.e. the bid to the buyer in an automatically generated e-mail message at the latest within 24 hours after receipt by the Provider of the order sent by the buyer. Such e-mail contains also the link necessary for initiating payment. Such e-mails are intended for confirmation by the Provider in form of an automatic e-mail message that the Provider has received the order sent by the buyer, i.e. the bid and the content thereof received by the Provider. Such confirmation always contains the manner of receipt and the mode of payment selected, the value of the order, the terms of delivery, the description and piece number of the products, and the buyer’s data.  Should the confirmation e-mail not be received to the e-mail address given by the buyer by the above deadline, then the buyer will be exempted from the binding period as soon as the deadline lapses. 
The Provider shall accept the bid of the winning buyer without sending a separate acceptance e-mail.
The Provider shall be entitled to reject the bid within 24 hours of submission of the auction.  particular, the Provider shall not be required to give the reasons and exercising of the right of rejection is not restricted by the fact that the buyer has received the automatically generated e-mail message containing the order details. If rejection is made after payment, the Provider shall repay to the buyer the amount received without deductions.  
Each order placed separately shall be deemed as conclusion of the contract for separate delivery of goods. The Provider shall not be required to consolidate the orders placed by the same buyer, so the buyer shall consider that each order placed will give rise to a separate financing obligation on the buyer’s side in respect both the prices of the products and the costs of delivery (if borne by the buyer) and the other costs published at the Website.
Should the buyer find any error in the data contained in the automatically generated confirmation e-mail, he/she shall immediately notify the Provider thereof within 1 business day after receipt of the e-mail. 
The order shall be deemed as a contract concluded electronically and is subject to the provisions of Act V of 2013 on the Civil Code and Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services. The contract shall be subject to Government Decree 45/2014. on the detailed rules of contracts concluded between consumers and businesses.

5. The Provider shall do its utmost to ensure that the data displayed at the Website

(products, prices, availability, description, etc.) are indicated at the Website as accurately as possible. Furthermore, the Provider shall do its utmost to deliver the products ordered by a buyer to the buyer within the time-limit set in the order and to ensure that the stock information displayed at the website is always accurate. A zero price or USD 1.- price, which is evidently incorrect and arises from a system error or employee default, shall not be deemed as an invitation to bid, except if it is provided by the Provider in the framework of promotion or as a gift, however, the Provider shall always indicate this fact next to the product displayed with such a price. If no such information is displayed, it shall be assumed that the content of the information displayed at the Website is incorrect and incapable to produce legal effect. If a product ordered is no longer available and the Provider is not able to purchase it either, the Provider shall immediately inform the buyer and reimburse the price that might have been paid in advance to the buyer immediately but no later than within 14 days without any cost to be incurred by the buyer.

6. Right of withdrawal

Taking the nature of the Product into account and for hygienic reasons, the right of withdrawal granted by Government Decree 45/2014. (II.26.) shall not be due to the buyer. The buyer shall not withdraw from the purchase within 14 days of receipt (of the product) without giving the reasons therefor. 

7. Product price and terms of delivery

The prices of the Products include value added tax and shall be understood in USD. The purchase prices of the Products include the costs of delivery. The price is the highest bid price made at the auction.
Deliveries can be made to the countries where UPS undertakes deliveries. The list of such countries is accessible by the buyers at www.ups.com’s website.
The Provider shall inform you of the term of delivery during the current order process. If the term of delivery given in that process cannot be kept, the Provider shall inform the buyer thereof and of the expectable time of delivery in an electronic message.
The products ordered can be received through a courier service.
The products purchased will be handed over to the courier service within two business days after final settlement of the purchase price.
In the case of delivery by a courier service, the product ordered by the buyer will be delivered home to the address given by the buyer via UPS courier service, i.e. the Provider’ contractual partner.
The courier service will deliver the products ordered on weekdays in working hours (between 8-17). If the courier service allows communication with it, the Provider shall inform the buyer thereof.
In the case of home delivery orders, the products shall be deemed as received qualitatively and quantitatively when they are taken over from the courier and the document confirming receipt is signed and thereafter the Provider will accept no qualitative and quantitative complaints as described below. By signing the consignment note the buyer acknowledges that the parcel received is sound as to both its appearance and content and complies with the content of the order. Such quantitative and qualitative receipt shall cover only the complete content of the parcel and the soundness of packaging and of the products. Should the buyer find any damage to the package or product, he/she shall immediately inform the courier service at the site and request it to draw up a protocol. The protocol shall include the nature of the damage, the description and type of the damaged product and the circumstances under which it was detected. In default of a protocol the Provider cannot accept any complaint on a damaged parcel. If packaging or a product is visibly damaged when it is taken over and the damage has occurred prior to receipt of the product, the Provider shall take back the product free of charge. 

8. Liability

WinnerBidder CPlc. shall not be held liable for damages occurred due to a malfunction that prevents the buyer from connecting to and placing orders at pantiesbid.com. The Provider excludes its liability for any hardware or software failure of the buyer’s computer or for damages incurred by the buyer due to interruption of internet connection.
The Provider has placed all information displayed at pantiesbid.com on the website in good faith and such information is for guidance only. The buyer may use the Website only at his/her own risk and responsibility and acknowledges that the Provider shall take no liability for any damage occurred during its use. The pages of the Website as a service may include connections to the sites of other service providers. The Provider shall bear no liability for the privacy practices and activities of such service providers. The Provider shall be entitled but not required to check the contents that might be rendered accessible by buyers during use of the Website and to search the signs of pursuance of illegal activities. Due to the global character of internet, the buyer undertakes to act during use of the Website taking account of the provisions of the relevant national laws and regulations. If any activity related to use of the Website is not permitted by the laws of the buyer’s country, the liability for use thereof shall be borne by the buyer only. Should the buyer detects any inappropriate content at the Website, he/she shall immediately notify the Provider thereof. 
The buyer expressly acknowledges and accepts that the Provider sells second-hand underclothes in the Webstore, which have not been cleaned before delivery. Accordingly, the Provider calls the user’s attention to the fact that the Products as underclothes need thorough cleaning before being worn and their direct contact with the body before cleaning is not recommended. Due to the second hand nature of the Products, the Provider disclaims any liability that may arise in connection with any damage, damage to health or disease caused by or related to the Product and the buyer declares that he/she has decided on the purchase in awareness and acceptance of such risks and restriction of liability.

9. Copyrights

The whole content of pantiesbid.com webstore is protected by copyright. The whole content of the Website is protected by copyright pursuant to the relevant provisions of Act LXXXVI of 1999 (on Copyright) and Act CVIII of 2001 and it is not permitted to copy, distribute and transmit it howsoever without the company’s written consent.

10. Payment

The Provider shall take no liability for any damage arising from use of the buyer’s password by a third party at the buyer’s fault. The buyer declares that he/she will not claim repayment of the purchase price of the services ordered and performed. The Provider shall take no liability or undertake any repayment or reimbursement for any damage arising from erroneous or incorrect data entry or order misprint made at the buyer’s fault. The Provider shall take no liability for any damage occurred due to provision of incorrect data and shall immediately investigate, and manage as possible, all complaints notified.
The price of the Product may be paid for only by use of the PayPal payment system online. The buyer is allowed to pay the prices of the Products also electronically, with a bank card via the PayPal maintained system. For payment by a bank card online, the Provider will redirect the buyer to PayPal’s website where he/she may pay for the price of the Product using a bank card via an encrypted transaction used by PayPal and qualified currently as the safest transaction. For the purposes of successful bank payment online, the form available at the bank’s website shall be completed correctly. The bank will send an information on the success or failure of payment. If you have any questions or comments relating to online payment, please contact our customer service.

11. Miscellaneous

Any amendment to these General Terms and Conditions of Contract shall be effective from the day when it is published at pantiesbid.com and shall apply to the transactions concluded after the effective date thereof.
The Provider shall be entitled to send newsletters to the user if the user requests so or has approved thereof in advance and voluntarily during the registration process or at any time in the account settings. The Provider shall check whether the data given by the user upon registration or upon giving of the consent are true and correct. The buyer may withdraw his/her consent to sending of newsletters at any time and thereafter the Provider shall not be entitled to send electronic newsletters and other direct mails to the buyer. After withdrawal the Provider will delete the buyer’s related data from its records.
This contract and the legal relationships to be established by use of the Website shall be governed by the laws of Hungary and the parties stipulate the exclusive jurisdiction of the courts of Hungary for resolving any disputes between them.
The comments, critics and other related opinions accessible at the Website but not provided by the Provider shall always reflect the users’ opinions and the Provider takes no liability therefor, however, the Provider reserves the right to remove from the Website any opinions that might violate general taste, its goods reputation or business interests or any laws and regulations.