Alchemy Telco Solutions Limited - Auction Terms
1. About us
1.1 Callisto, an Alchemy Telco Solutions Company (company number 595997), is a company registered in Ireland and our registered office is: Monasterevin Road, Kildare Town, Kildare, Ireland, R51 A262. VAT number is IE3502014NH.
2.Eligibility
2.1 You must be a minimum of 18 years of age to participate in any auctions and warrant that you have the authority to place bids on behalf of any entity you claim to represent.
2.2 To participate in auctions you must be a registered user on the Website.
2.3 We reserve the right to restrict your access to any particular auction or completely restrict your access to all auctions held on the Website.
3. Our contract with you
3.1 These terms and conditions (the “Terms”) apply to your participation on an auction held by us on the Website (the “Contract”). No other terms are implied by trade, custom, practice or course of dealing.
3.2 All Goods listed in auctions on the Website are owned by us and are stored in warehouses in different locations around the world (the “Local Warehouses”).
3.3 The Contract and all other relevant terms and conditions referenced on the Website (including, but not limited to the Website Terms of Use, Cookies Policy and the Privacy Policy) (the “Additional Terms”) form the entire agreement between us in relation to their subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract and/or the Additional Terms.
3.4 These Terms and the Contract are made only in the English language.
3.5 You should print a copy of these Terms or save them to your computer for future reference.
4. Placing a bid and its acceptance
4.1 Auctions are accessible via the auctions section of the Website. All auctions will have a timeframe during which they will be live and for a bid to be considered it must be received within this timeframe. We reserve the right to set a minimum bid for each auction and all bids must be equal to, or more than, this minimum amount to be considered.
4.2 We reserve the right to void, suspend, cancel, or amend the auction where it becomes necessary (in our sole discretion) to do so.
4.3 To participate in an auction for Goods, you must submit a bid on the relevant auction. There are two types of auction that are hosted on the Website:
(a) Blind Auction. You may submit multiple bids per auction however, each time you submit a new bid your previous bid will be overwritten. The bid you have in place once the time limit for the auction has concluded is the bid that will be submitted. All parties bids will remain confidential. You acknowledge and agree that your bid is an irrevocable offer to purchase the Goods for the bid price and you are obliged to complete the transaction if you submit the winning bid.
(b) Live Auction. You may submit multiple bids per auction. All bids submitted by you are able to be selected by us as winning bids. Bids made for a live auction are public bids aside from that the identity of each bidder is excluded and remains confidential. You acknowledge and agree that your bid is an irrevocable offer to purchase the Goods for the bid price and you are obliged to complete the transaction if you submit the winning bid.
4.4 Once the time limit for the auction has elapsed, we shall review the bids submitted for the Goods. We shall be able to select the winning bid in our sole discretion. For the avoidance of doubt, we reserve the right to select a winning bid that is not the highest bid received for the Goods.
4.5 We will notify you within forty-eight (48) hours of the end of an auction of whether your bid has been successful or if we are reopening the auction.
4.6 Should we choose to reopen the auction we reserve the right to restrict the parties who take part in the subsequent auction. The parties selected to participated in any follow up auctions shall have a new timeframe in which to submit additional bids. Once the time limit for the subsequent auction has elapsed, we shall review the bids submitted for the Goods. We shall be able to select the winning bid in our sole discretion. For the avoidance of doubt, we reserve the right to select a winning bid that is not the highest bid received for the Goods. We will notify you within forty-eight (48) hours of the end of a subsequent auction of whether your bid has been successful or if we are reopening the auction.
4.7 Our acceptance of your bid takes place when we send you an invoice setting out the payment terms for the Goods, at which point the Contract between you and us will come into existence.
4.8 Once made, no bid can be withdrawn without our written consent. Should we accept your bid you shall be obliged to pay for the Goods.
4.9 If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
5. The goods
5.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.
5.2 The packaging of your Goods may vary from that shown on images on our site.
5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5.4 All Goods listed in auctions are listing on an “as is” basis and descriptions of the Goods are provided without a warranty of any kind. You are advised to conduct any research or due diligence on an Item prior to making a bid.
5.5 While we strive to ensure that descriptions of the Goods are accurate, complete and up-to-date, we do not guarantee that this is the case, and will not be responsible for any damage or loss caused due to you by reason of a description of the Goods being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder’s expectation.
6. Return and refund
6.1 You may cancel the Contract and receive a refund at our sole discretion, if you notify us as set out in clause 6.3 if the Goods do not match the description on the auction, provided that you notify us within fourteen (14) days of receipt of the Goods and in accordance with clause 6.3 and you return the Goods in accordance with clause 6.4.
6.2 To cancel the Contract, you must notify, in writing, your Account Manager explaining your reasoning for cancellation or set the same out in an email to hello@callisto.tech -Please include details of your order to help us to identify it. If you use this method we will email you to confirm we have received your cancellation request. Should we determine that the Goods received by you do not match the description on the Website we shall confirm the cancellation of the Contract to you by email.
6.3 If you have returned the Goods to us under this clause 6 because they are faulty or mis-described, we will refund the price of the Goods via the same method used by you to pay.
6.4 If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than seven (7) days after the day on which you let us know that you wish to cancel the Contract. Our address for returns is as follows:
- Australia
Alchemy Telco Solutions, Unit F1, 350 Parramatta Road Homebush West NSW 2140, Australia
Alchemy Telco Solutions, Unit 1, 101-105 Keilor Park Drive, Tullamarine VIC 3043, Australia - Hong Kong
Rm.1202, 12/F, Asia Logistics Hub SF Centre
36 Tsing Yi Hong Wan Road, Tsing Yi, Hong Kong - Japan
Tenko building 17 3F 5-3-65 Minamimachida
Machida city Tokyo 194-0005 - Ireland
Alchemy (Moduslink site), Monasterevin Road
Kildare R51 A262 Ireland - Germany
Mutterschieder Str. 5, 55469 Simmern Germany - United Kingdom
Alchemy Telco Solutions UK Ltd, Unit 16 – 17 Evolution, Hooters Hall Road, Lymedale Business Park ST5 9QF Newcastle, Staffordshire United Kingdom - United States
PTS Electronics, 2000 S. Liberty Drive, Dock Door #3 Bloomington, IN. 47403 United States.
7. Delivery, transfer of risk and title
7.1 Ex Works International Commercial Terms shall apply to all purchases made in accordance with these Terms.
7.2 Following our acceptance of your bid and our receipt of your payment, we will contact you with an estimated delivery date.
7.3 The Goods will be at your risk once you have completed your purchase and you shall be responsible for insuring the Goods during transit. You are responsible for arrange shipping of the Goods to their delivery location. Should we assist with printing the shipping label with your carrier account this is entirely at your own risk and we shall not be liable for any losses suffered by you should the Goods be damaged or lost in transit. Delivery is complete once the Goods have been made available for pick up at the address of our warehouse set out in your order.
7.4 Title to the Goods will transfer to you once we have received payment in full. If you hold, or are in control of, any Goods prior to us receiving all fees due for the Goods then you shall be solely responsible for their safe keeping and shall not use them for any purpose not authorised in writing by us.
7.5 If we are unable to deliver the Goods due to your acts or omissions, for example us (or any couriers or freight company engaged by us) being unable to access the delivery address specified in the order, then you shall be responsible for all storage costs and/or any costs associated with any additional redelivery attempts. Should our inability to deliver the Goods due to your acts or omissions continue for a period of fourteen (14) days from the delivery date then we shall be entitled to terminate the Contract and take possession of the Goods. In such circumstances, no refund will be provided.
8. International delivery
8.1 Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your bid.
8.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
9. How to pay
9.1 You must pay for the Goods in accordance with the terms set out on the invoice sent by us to you.
9.2 Unless otherwise stated by us, payment for the Goods and all applicable delivery charges is in advance and we will not dispatch your Goods until payment is received.
10. Manufacturer's guarantee
Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.
11. No warranty
11.1 The Goods are sold on an “as-is” basis and no warranty is provided by us.
11.2 All terms implied by any applicable legislation, common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
11.3 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Our liability
12.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
12.2 Subject to clause 13.2, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.3 Subject to clause 13.2, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the price of the Goods as set out in the relevant order.
12.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
13. Termination
13.1 Without limiting any of our other rights, we may suspend your bid or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven (7) days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment and this is not remedied within three (3) days;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Force Majeure
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (the “Force Majeure Event”).
14.2 If a Force Majeure Event takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Goods to you, we will arrange a new delivery date with you after the Force Majeure Event is over.
14.3 You may cancel the Contract affected by an Force Majeure Event which has continued for more than sixty (60) days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
15. Notices
15.1 When we refer to "in writing" in these Terms, this includes email.
15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid first class post or other next working day delivery service, on the working day after posting; or
(c) if sent by email, the next working day after transmission.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. Assignment and transfer.
16.1 We may assign or transfer our rights and obligations under the Contract to another entity.
16.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17. Variation
17.1 Any variation of the Contract only has effect if it is in writing and signed by you and us.
18. Waiver
18.1 If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.
19. Severance
19.1 Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20. Third party rights
20.1 The Contract is between you and us. No other person has any rights to enforce any of its terms.
21. Governing law and jurisdiction
21.1 This Contract is governed by Irish law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the Irish courts.