This website is owned and operated by PaddyGold Limited, trading as PaddyGold ("PaddyGold"). For the purpose of these terms and conditions "we", "our" and "us" refers to PaddyGold.
2. Changes in Terms and Conditions
3. Age and Responsibility
If you are under the age of 16, you may only use this website in conjunction with and under the supervision of your parents or guardian. By using this website you understand that you are financially responsible for all use of this website by you and those using your log-on information. You agree to notify us immediately of any unauthorised use or any other breach of security.
4. Use of Website
You acknowledge that this website has been specifically designed for use in the Republic of Ireland, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
You will not use this website in any manner which could damage, disable, overburden or impair this website, its facilities and/or services or interfere with any other party's use and/or enjoyment of this website, its facilities and/or services.
You may not attempt to gain unauthorised access to this website, its facilities and/or services or any accounts, computer systems and networks connected to any PaddyGold website, its facilities and/or services through hacking, password miming or any other means.
Registration is not required if you simply want to browse through the website. However, only registered users can use the full functionality of My PaddyGold section, in particular the BidButler and the other PaddyGold options. PaddyGold recommends that all users register online. In order to complete the registration you must choose a User ID and password. You will be asked to provide information such as your name, address, telephone number and email address. All information supplied must be complete and accurate. PaddyGold may restrict the User ID or password you can choose. You are responsible for all actions taken under your account and you agree only to use or utilise this website using your own User ID and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to utilise your User ID or password. You agree to immediately notify PaddyGold of any unauthorised use of your User ID and/or password. PaddyGold reserves the right to temporarily or permanently disqualify a user, or disable their account. Users will be disqualified when in the reasonable opinion of PaddyGold, a member has violated the laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorised manipulation or use of PaddyGold. Examples of such unauthorised usage include (but are not limited to) non-payment of bids, use of unauthorised third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these terms by a user, PaddyGold reserves the right to withhold deliveries or refunds for bids. PaddyGold also reserves the right to make a reasonable administration charge deductible for unused bids at its discretion.
6. Bid Purchasing and Refunds
Bidding rights, so-called Bids, must be purchased and paid for by users prior to online bidding. Bids can be purchased in packages at the currently applicable prices, which can be viewed in "My PaddyGold" under "Bid Purchase" section. Payment can be made by credit/debit card or via PayPal. PaddyGold reserves the right to block access to the users account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Purchased items are subject to refund within 30 days. Refund will cover shipping costs, auction final price, and the bids you used to win auction. All bid credits purchases are non-refundable.
Refunds will be honored in the same way original payment was made, e.g. funds will be returned to the same credit/debit card you used to purchase bids.
All users are advised to monitor their bidding practices. Buying bids online at www.paddygold.com can incur high costs.
7. How the Auctions Work
With each bid placed, the price of the item on which the user is bidding increases by the 5 cents. A bid submitted by the user constitutes an offer from that user to PaddyGold to enter into a binding contract to purchase the item. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in clause number 6. Each new bid resets the remaining time for an auction up to, but not above, 20 seconds. For more information, please consult the Help section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in PaddyGold's database and PaddyGold's decision regarding who is the last bidder shall be final (save in the case of manifest error).
8. Acceptance of the Win
After an auction has ended, the last bidder (the winner) must go to "My PaddyGold" section. Here, in "Won auctions" section the user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 28 days of the auction end date, unless there are exceptional circumstances PaddyGold reserves the right to withdraw the offer to conclude a contract and the winners right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction will be refunded. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid to PaddyGold. A similar requirement for delivery is that all bids purchased and used by the user have been properly paid for. Should bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the bids not yet paid for, and we reserve the right to retain the item purchased at auction until all bids and the total price have been paid for in full. An invoice containing the auction price and shipping costs will be sent to the user by PaddyGold once delivery has been arranged.
Users can bid in two ways online. Bids can be placed by clicking on the relevant bid buttons, or can be placed automatically by a BidButler. Once a bid is placed, it is deducted from the users bid account.
The BidButler assists bidders in being able to bid on an auction even if they are not online at that time. Only registered users can submit bids automatically with one or more BidButlers. The BidButler automatically submits bids according to the specifications set in advance by the user. The user is prohibited from using bidding software not authorised by PaddyGold, and doing so will result in immediate disqualification from use.
9. Returns and Cancellations
PaddyGold grants winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. These cancellation rights end thirty days after the day on which a winner received the goods
Last Update: 15.06.2012
If a user wishes to cancel the contract, they must inform PaddyGold in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.
In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from typical testing in a retail store. Costs of postage for returns will be met by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us [the amount refundable will be reduced proportionally], as applicable.
Should PaddyGold incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment made by the customer. Sets/boxes can only be returned in their entirety.
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Deliveries are made worldwide. Delivery times and prices vary and any delivery time indicated is provided only as a guide and is not guaranteed. PaddyGold shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to PaddyGold upon taking delivery.
Should PaddyGold not be able to deliver the item ordered, PaddyGold shall be entitled to substitute the item with a comparable replacement product with the same or better features, or provide a refund if this is the users preference. The users statutory rights are not affected.
The user shall only have the right to reduce any sums that they may owe to PaddyGold if he or she has a claim against PaddyGold that PaddyGold does not dispute.
The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
The item delivered shall remain PaddyGold property until payment is received in full of the total price, including for the bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions.
13. Damages / Reimbursement of Expenses / Limits on Liability
PaddyGold total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to these General Terms and Conditions shall be limited to 5,000 EUR.
PaddyGold shall not be liable to the user for:
- any indirect, special or consequential loss or damage; or
- loss of data or other equipment or property; or
- economic loss or damage; or
- incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
- any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill,
even if PaddyGold is advised in advance of the possibility of any such losses or damages.
In particular, PaddyGold shall not be liable for faulty operation of telephones or computers during bid placement and for incorrect or overly slow transmission of bidding data by the telephone or internet provider (including but not limited to those specified in condition 12 below). Should such an event occur, the bidder shall have no legal right to the purchase or receipt of an item.
PaddyGold shall not be liable for any losses arising from the users subsequent use or misuse of the item including (without limitation):
- fair wear and tear;
- willful damage; and
- the users negligence or any failure to follow PaddyGold instructions as to placing of the bids.
Liability for damage arising from loss of life and limb, health, or well-being, as well as that according to product liability shall not be affected. These terms and conditions shall not affect a users statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on the part of PaddyGold Ltd.
PaddyGold will take all reasonable care to ensure that details, descriptions and prices of products which are featured on its website are correct at the time when the relevant information was entered onto the system. PaddyGold shall endeavour to keep the website as up to date as possible but can offer no guarantees that the information including descriptions of products on the website is still accurate when a user visits the website and/or bids for products.
15. System Outage
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as Technical Faults). PaddyGold, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, PaddyGold shall not be liable for any damage whatsoever incurred by auction users or third parties from using PaddyGold services. In particular, PaddyGold shall not be liable for damage that occurs due to bids submitted by auction users not being received by PaddyGold or not being received promptly or not being considered, as a consequence of technical faults.
16. Applicable Law
Irish law shall apply and shall exclude application of the UN Convention on the International Sale of Goods. To the extent legally permitted, the place of jurisdiction is the courts of Republic of Ireland and Northern Ireland.
17. Links to Third Party Websites
This website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this website is at your own risk. PaddyGold is not responsible or liable for the accuracy of any information, data, opinions, statements made on these websites or the security of any link or communication with those websites. PaddyGold reserves the right to terminate a link to a third party website at any time. The fact that PaddyGold provides a link to a third party website does not mean that PaddyGold endorses, authorises or sponsors that website, nor does it mean that PaddyGold is affiliated with the third party websites, owners or sponsors. PaddyGold provides these links merely as a convenience for those who use this website.
The contract between PaddyGold and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without PaddyGold prior written consent.
PaddyGold has the right to revise and amend these General Terms and Conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting PaddyGold business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in PaddyGold system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the PaddyGold website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or PaddyGold notifies its users of the changes to such policies or General Terms and Conditions before PaddyGold sends information relating to dispatch (in which case PaddyGold has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
PaddyGold is the owner or licensee of all intellectual property rights on the PaddyGold website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the PaddyGold website for commercial purposes.