Terms and Conditions
Welcome to enowo.com. These terms and conditions apply to the services available from the domain of www.enowo.com. By using the services of Enowo you are agreeing to the following terms with Enowo and the general principles for the websites of our subsidiaries and international affiliates.
Your use of our services is governed by the following terms and conditions, ("User Agreement"). Before you can become a member of Nab n Grab, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. We strongly recommend that you should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Enowo.
General and Scope
The following General Terms and Conditions shall apply exclusively to the business relationship between Enowo and our users in the version applicable on the date of use. By participating in Enowo shopping, the User accepts the following General Terms and Conditions, as well as the manner in which Enowo and its “Bid Butler” operate as described on the website www.enowo.com. Enowo does not recognise any terms and conditions set by the User that differ from these unless Enowo has agreed to their validity in writing.
Any special promotions presented by Enowo shall only be valid if they are announced on the Enowo website or by newsletter. Any promotions of a limited duration shall likewise be announced on the website or by newsletter. Upon expiration of the time limit stated, or after the sale(s) that are part of the particular promotion has/have ended, the promotion is deemed to have ended.
All content on the Enowo website is not intended to amount to advice on which reliance should be placed. Enowo disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the Enowo website or by anyone who may be informed of any of its contents.
Privacy
Enowo takes your privacy very seriously and values the trust that you have shown by sharing your personal information with us during registration. For a complete description of how Nab Enowo uses and protect the personal information of Participants, see the Enowo Privacy Policy, which are included in these Terms by reference.
User Disputes
You are solely responsible for your interactions with other Enowo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Enowo Participation and Disqualification
You may not use Enowo if you are under the age of 18 or you are not legally able to form legally binding contracts or if your Enowo membership has been suspended.
You can participate in all ongoing auctions.
All bids, all bidders and the countdown on each auction is synchronized with the Enowo servers several times per second. Placed bids take effect immediately after the Enowo system has registered the bid.
Only registered users have access to the full functionality of Enowo, in particular the Bid Butler and the other Enowo options. Enowo therefore recommends that all users register with “Enowo”.
Each user may register only once, using their residential postal address. Non-residential and post office box addresses may not be used for user registration purposes. During the registration process, the User must choose a user name. The user name chosen must not offend standards of common decency or infringe upon the rights of third parties. Additionally, the use of misleading user names is strictly prohibited. Enowo reserves the rights to change or delete a user name if it finds User violating Enowo's term and conditions. The associated password is to be kept secret by the User.
In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
User accounts created during registration are non-transferable. Any abuse of the user account will inevitably result in the disqualification of the User and may lead to criminal proceedings. Enowo at any time, exercise sole discretion to suspend or permanently exclude users from it’s services. Enowo will decide upon such exclusion if and insofar as, in the reasonable opinion of Enowo, a user has breached a Enowo provision, violated any laws or infringed upon the rights of third parties, or Enowo has another justified interest in such for the protection of other Users or to prevent manipulation of any kind, for example if bids are not paid, unauthorised bidding software is used, or several user accounts are set up by the same User.
Enowo has the rights to verify the identity of each individual user. In the event of Enowo unable to verify or authenticate user identity using reasonable endeavours, then Enowo may ask users to provide photo ID, proof of address and other documentation as Nab n Grab requires. Should such proof not be provided, Enowo has the rights to suspend or permanently remove such unverified user accounts and withdraw any auctions won by such users.
Furthermore, Enowo reserves the rights in its absolute discretion to restrict the number of sales in which a User may participate or may win.
Enowo has the rights to disqualify a user and/or his/her winnings if Enowo deems that a particular user or users have used unfair means to win an auction. Enowo shall neither be liable to return any bids, purchased or non-purchased, nor is Enowo liable to reimburse any monies that have been used to purchase bids or products. This is to protect the rights of its users and Enowo.
You will not hold Enowo responsible for any loss you may incur as a result of Enowo taking any of the actions outlined above.
Please note that the bid does not take effect the same instant it has been sent from your computer. Usually the bid is registered with Enowo within one second after it has been sent. Sometimes bids may be delayed due to problems caused by the computer operator or the Internet connection of yours. The win is confirmed by email.
Enowo is not responsible for problems caused by technical errors concerning the telephone operator or the phone equipment and/or the SMS traffic, unsuccessful transmissions and/or discontinued forwarding of emails if they are caused by technical problems and/or Internet overload, the website and/or a combination of both. This also goes for damages or errors in your own or others computer equipment and/or -programs and/or saved information which concerns the participation in Enowo's auctions.
Enowo is neither responsible for your opportunity to participate in the bidding nor if you have encountered problems which Enowo cannot affect, such as faulty, incomplete, discontinued, delayed or in any other way lost information, due to your own computer equipment, your computer system or other technical equipment used to participate in the bidding.
The winner of the auction is decided according to the closing time of the bidding service.
Purchasing Bids and Payment
Bidding rights, so-called “bids”, have to be purchased by Users prior to online bidding. Only registered Users can purchase the convenient online bids, which can be purchased in packages (so-called “Bid Packages”) at the currently applicable prices, which can be viewed under “Buy Bids” or under “My Account”.
The bids must be paid for in advance. The purchasing process requires Users to verify that the bid package they are purchasing is the right one. This is done to make sure that the choice being made is intended. Purchased Bid Packages are non-refundable and hence Users should buy only as many bids as they are willing to spend on the bidding process. Payment can be made by a valid payment agent.
When the bids are purchased and deposited into the User’s Enowo account, a contract for the purchase of the bids is created.
Should a bid payment not be honoured by a user’s financial institution a returned payment fee will be charged to the user to cover the additional administrative costs incurred by Enowo. Enowo serves the right to block access to the user 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 in full. Enowo also reserves the right to temporarily block access to a unverified user accounts that appear to be abusing the spirit of Enowo by purchasing large volumes of bids until identification has been verified.
All types of bids (e.g. “free bids“, “special offers” or "bids purchased in bundles") have a time limit. Upon expiration of the time limit stated, the bids expire and can no longer be used. There will be no refund in this case. All types of bids expire in 60 days from the date of the purchase or from the date when the bid has been credited on a user's Enowo user account.
Bidding and Bid Butler
For online bidding, either an individual bid can be submitted through the bidding functionality, or the Bid Butler function can be used. Once a bid has been submitted, it is deducted from the User’s account cannot be retracted.
The Bid Butler tool allows bidders to bid in a sale even if they are not online at that time. Only registered Users can submit bids automatically with one or more Bid Butler. The Bid Butler automatically submits bids according to the parameters set in advance by the User. The User can read about precisely how the Bid Butler operates in the “FAQ” section. The User is prohibited from using bidding software not authorised by Enowo, and doing so will result in immediate disqualification without refund from Enowo sites and services.
The Bidding Process
With each bid submitted by online, the price of the item on which the User is bidding increases by 1 or depend on the setting made.
A bid submitted by the User constitutes an offer from that User to Enowo to conclude a contract to purchase the item. A contract to purchase the item is not completed until the auction is finished and the last/winning bidder has followed all the steps provided to complete the sale. Each new bid starts off a new auction time (“Auction Time” or “Deal Time”) for the product. The Auction Time for each of the auctions is shown on the screen. Enowo reserves the right to change the auction times at any time. Enowo can add or remove products from the Enowo website at anytime without notice, including auctions which are already in progress
The auction ends when the auction time has expired. The User who is the last to bid wins the product. All other bids on the item expire and will not be refunded.
The last bidder is determined by Enowo's database. In the event of any dispute occurring, it is Enowo's decision on who is the last bidder shall be final.
We cannot guarantee continuous access to our services, and operations of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. In the event of any technical problem (third party or other) affecting the Enowo auction platform, the countdown timers for all (or some) live auctions will be paused until the issue has been resolved. Auctions will continue once the system is brought back up. Should auctions close prematurely due to any technical problem, affected auctions may be restarted. The auctions’ countdown timers will be continued from the same point in time they were at prior to the technical problem.
Alternatively, Enowo has the rights to restart all auctions from the beginning, once the technical problem has been rectified.
Should Enowo suspect that an unlawful action(s) or action(s) against its terms and conditions brought the service down; it has the right to investigate the matter and take legal action against perpetrators.
Notification, Acceptance and Payment of Won Auctions
When an auction closes, a notification is automatically sent by email to the final bidder. Since auctions may close prematurely due to technical error, this notification is not considered a binding contract. If an auction has closed due to a technical error, Enowo reserves the right to void the notification, return any money paid for the item and resume or restart the auction. This mechanism exists to maintain the fairness of the auction to all users who may have been prevented or discouraged from continuing to bid in the auction. Once the item has shipped the formal invoice will be available via My Account well as a electronic copy will send out to the user email.
After the auction has ended, if the last bidder is online (“Winner”), they have access to all of the important sale information such as the total price (sale price plus shipping costs), and payment options on the “My Account” page.
In the event that the winner has not paid nor confirmed an interest to exercise the option to purchase the product within 24 hours of the auction ending, the option to purchase the product expires. In the event of the expiration of the option to purchase the product, the winning user’s right to ownership and delivery of the item will be permanently revoked. There is no entitlement to refund bids once the auction has ended, even if the winner does not exercise their option to purchase.
The winning bidder will also receive a notification of the win by e-mail with a request for payment.
The User must pay the total price (sale price plus TAX and shipping and handling costs) within 24 hours after the notification of the win is sent. After this deadline has passed, Enowo set aside and rescind the purchase contract with the User, and the User’s right to ownership and delivery of the item will be permanently revoked. The winner has no entitlement to a refund of bids.
The item is not sent to the User until the total price of the item and any outstanding bid payments due have been paid to Enowo. In such a case, any incomplete payment received from the winning bidder will be regarded firstly as payments towards the bids and then as payment towards the total sale price. A right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price has been paid for in full.
Guarantee and Return policy
If within 7 days of delivery, you decide that you no longer want the item, we will be happy to refund the final auction price that you paid for that item. The item must be in its original packaging and must not be damaged. Please contact our customer service team for details of what to do, making sure to provide them with the auction ID and your user name. Please note that we cannot offer you a refund on the cost of the bids that you placed on that auction (bids are non refundable) nor the return shipping cost.
Purchased items are subject to the warranty provided by the manufacturer.
Occasionally an item might not work or may get damaged in transit. If this has happened, our goal is to resolve your problem as quickly as possible. If an item is not working, it can sometimes be useful to check the manufacturer’s website or call their helpline for assistance. Many of the most common problems are easily solved without having to return the product
For damaged items, please contact us at customer.service@enowo.com
Delivery
Unless otherwise specified, delivery will be made from our supplier’s warehouse or from our warehouse to the registered address provided by the User.
Deliveries are made worldwide. All items will require a signature on delivery.
As Enowo works with trusted delivery partners to ensure the best possible service and widest reach, all delivery estimates are for information only and do not constitute binding agreements. Obvious damage to the item or packaging during transit should be reported to the carrier by the winning user upon taking delivery.
Enowo are not responsible for delays caused by postal services or other suppliers.
Third Parties & External links
A person who is not a party to the agreement between Enowo and an individual Participant has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms, unless otherwise explicitly provided in these Terms or if such rights are available to the third party apart from that Act.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content of the data protection guidelines of third-party websites.
Damages, Reimbursement of Expenses and Limits on Liability
Claims for damages by the User against Enowo, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, Enowo shall not be liable for faulty operation of the telephone or computer hardware or software during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or Internet service provider. Should such an event occur, the bidder shall have no legal rights over the item.
This shall not apply in the case of damage that is due to the deliberate or grossly negligent conduct of Enowo, its legal representatives, or parties assisting it in performance. This shall also not apply if Enowo expressly provided the guarantee for an item’s features in writing or a defect was fraudulently concealed.
Liability for damage arising from loss of life and limb, health, or well being, and that according to product liability law shall not be affected hereby.
Limitation in Liability IN NO EVENT SHALL Enowo OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND ANY OF THE SERVICES, EVEN IF Enowo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Enowo' LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO Enowo FOR THE SERVICES DURING THE TERM OF YOUR ACCOUNT
Refund Policy - Bids Package Payment
Purchased bid packages are non-refundable and hence Users should buy only as many bids as they are willing to spend on the bidding process.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Enowo website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Customer Support on customer.service@enowo.com
Indemnity
You agree to indemnify and hold the Company(Enowo), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Site, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Enowo reserves the right to modify or update the above-stated conditions at any time.
