Terms for Bidders/Buyers

BACKGROUND:

These Terms for Bidders/Buyers, together with any and all other documents referred to herein, set out the terms under which Users (“Bidders/Buyers”) participate in Auctions on Our Site. Please read these Terms for Bidders/Buyers carefully and ensure that you understand them before participating in an Auction. You will be required to read and accept these Terms for Bidders/Buyers when register on our Website. If you do not agree to comply with and be bound by these Terms for Bidders/Buyers, you will not be able to participate in Auctions on Our Site. These Terms for Bidders/Buyers, as well as any and all contracts are in the English language only.


  1. Definitions and Interpretation

    1. In these Terms for Bidders/Buyers, unless the context otherwise requires, the following expressions have the following meanings:

Account” means an account required to access and/or use certain areas of Our Site;

Auction” means an auction that takes place on Our Site;

Bidder” means a User who bids on an item in an Auction;

Business” means “a person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting on the trader’s behalf” (that is, as a “trader” is outlined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);

Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

Listing” means a listing on Our Site advertising an item for sale in an Auction;

Our Site” means this website, www.MilesFlip.com;

Payment Service” means the payment service provided by PayPal;

Seller” means a User who offers an item for sale in an Auction or Listing on Our Site;

“Third Party Payment Service Provider” means PayPal (Europe) S.à r.l. et Cie, S.C.A., a duly licenced as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier, with registered office in L-1150 Luxembourg., and whose website is https://www.paypal.com/uk;

User” means a user of Our Site;

User Content” means any Content added to Our Site by a User; and

“We/Us/Our” means MilesFlip Ltd, a limited company registered in England under company number 12107340, whose registered address is: 71-75 Shelton Street, London, WC2H 9JQ.


  1. Information About Us

    1. Our Site is owned and operated by MilesFlip Ltd, a limited company registered in England under company number 12107340, whose registered address is: 71-75 Shelton Street, London, WC2H 9JQ.

    2. Our VAT number is 331 3612 42


  1. Access to and Use of Our Site

    1. Access to Our Site is free of charge.

    2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our Terms for Bidders/Buyers, and Our Terms for Sellers, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

    4. Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.


  2. Age Restrictions

You may only participate in an Auction if you are at least 18 (Eighteen) years of age.


  1. Auctions and Sales

    1. Our Site is provided solely as an online venue for Bidders/Buyers and Sellers to participate in Auctions and Sales. We are not a party to any transactions or other relationships between Bidders/Buyers and Sellers. You hereby acknowledge and agree that:

      1. You are not making a purchase from Us and are not entering into a contract with Us. If you are the winning Bidder in an Auction, your purchase is from the Seller in question, and your contract is with that Seller;

      2. We will not be a party to any dispute between you and any Seller or another Bidder. Any claims must be made directly against the party concerned;

      3. We do not pre-screen Sellers or any items that Sellers advertise in Listings. We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings; and

      4. While all Sellers are required to comply with Our Terms for Sellers displayed on our Website, which include provisions covering important matters such as payment methods, processing times, and delivery methods, process transactions within the same time frame, or offer the same delivery methods (or prices).


    1. Once an Auction has begun, it will run for a pre-determined period of time. A Seller may end an Auction at any time before the end of that period without any obligation to any Bidder.

    2. Sellers may change the starting price of an item at any time, including once an Auction has begun, either until a Bidder places a bid, or if all bids are subsequently withdrawn.

    3. You may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its pre-determined and stated duration. If an Auction ends at the pre-determined time and yours is the highest bid, you will be the winning Bidder. If you wish to cancel at this point, please refer to Clauses 13 and 15 below.


  1. Intellectual Property Rights

    1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content in Listings.

    2. Bidders/Buyers must, at all times, respect the intellectual property rights of Sellers on Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express written permission.

  1. Bidder Rules and Acceptable Usage Policy

    1. When using Our Site and in particular when participating in an Auction, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:

      1. you must ensure that you comply fully with all local, national, or international laws and/or regulations;

      2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

      3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

      4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;

      5. you must always provide accurate, honest information to Sellers on Our Site;

      6. you must not engage in any form of bidding manipulation; and

      7. you must not use any personal details provided by a Seller except for the purposes of using Our Site in accordance with these Terms for Bidders/Buyers.

    2. When using Our Site, you must not submit anything, or otherwise do anything that:

      1. is sexually explicit;

      2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

      3. promotes violence;

      4. promotes or assists in any form of unlawful activity;

      5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

      6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

      7. is calculated or is otherwise likely to deceive;

      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

      9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);

      10. implies any form of affiliation with Us where none exists;

      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

      12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    3. We reserve the right to suspend or terminate your access to Our Site and/or your ability to participate in Auctions or Sales if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Bidders/Buyers. Further actions We may take include, but are not limited to:

      1. removing any offending material from Our Site;

      2. issuing you with a written warning;

      3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

      4. further legal action against you as appropriate;

      5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

      6. any other actions which We deem reasonably necessary, appropriate, and lawful.

    4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Bidders/Buyers.


  2. Purchasing from Sellers

    1. As set out above in Clause 5, all transactions in Auctions/Sales on Our Site are between Bidders/Buyers and Sellers only. We are not a party to such transactions.

    2. When making a purchase from a Seller as a winning Bidder, you expressly agree that:

      1. you have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific points and issues (for example, descriptions of wear and tear or damage to a used item) noted by the Seller;

      2. subject to sub-Clause 8.3, you will pay for the item purchased in full and on time, using one of the Seller’s accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and

      3. you have provided complete and accurate transfer details to the Seller.


    3. You may refuse to pay for an item and cancel the transaction if the Seller materially changes the description or price of an item after the Auction has ended.

  3. Payment Service

    1. All Payments on Our Site are made through the Payment Service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A, Our Third Party Payment Service Provider.

    1. Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers.

    2. By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Site with the Third Party Payment Service Provider.

    3. If We receive notice from the Third Party Payment Service Provider that your use of Our Site or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of your Account on Our Site.

    4. The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.


  1. Payments to Sellers

    1. All payments are processed using the Payment Service described above in Clause 9.

    2. If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.

    1. We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

  1. Taxes

    1. It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Site.

    2. Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.

    3. If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Site.

    4. For further information on VAT and other taxes in your location, please contact your local tax authority.

  2. Transfer

    1. Sellers are required to transfer items to you as soon as is reasonably possible upon receipt of payment, taking into account the nature of the item in question and preparation time. Unless a Listing states otherwise, or unless you have agreed otherwise with the Seller, the Seller must transfer items no later than 7 calendar days after the date on which the Auction ends or the final sale.

    2. As stated in sub-Clause 8.2.3, you must provide complete and accurate transfer details to the Seller. The Seller is responsible for ensuring that they use the transfer details exactly as you provide it to them, but if transferred items do not reach you due to incorrect details provided by you, it is your responsibility and not the Seller’s.

    3. Sellers are free to determine the transfer charges for their items; however, Sellers must ensure that transfer charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of transferring the item in question to you.

    4. Sellers must also provide reference details to you for your reference,

    5. Different transfer methods may be offered by different Sellers depending on Airline.

    6. Once Miles or Points has been transferred to you, the Seller will inform you that it has been transferred. 

    7. Sellers are responsible for ensuring that they check, are aware of, and comply with all applicable transfer regulations when transferring items to you.


  3. Your Rights to Cancel and Return Items

    1. If the Seller is selling as a Business, and if you are a consumer (that is, not a Business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the Miles or Points.

    2. The cooling-off period does not apply in the following circumstances:

      1. If the Seller is selling as a private individual; 

    3. If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.

    4. Miles or Points must be returned to the Seller no more than 14 calendar days after the day on which you in form the Seller that you wish to cancel. You will be responsible for the transaction fees of returning Miles or Points to the Seller if you cancel under the cooling-off period.

    5. When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:

      1. The day on which the Seller receives the Miles or Points back; or

      2. The day on which you inform the Seller (supplying evidence) that you have sent the Miles or Points back (if this is earlier than the day under sub-Clause 13.5.1); or

      3. If the Seller has not yet transferred the Miles or Point, the day on which you inform the Seller that you wish to cancel.

    6. The Seller may make certain limited deductions from refunds under this Clause 13 as follows:

      1. The Seller is only required by law to reimburse standard delivery charges or transfer fees. 

  4. Problems with Transactions and Your Rights

    1. If a Seller is selling as a Business, the items that they sell must be of fit for purpose, as described, in accordance with any pre- contract information that the Seller has provided to you. If the Seller is selling as a private individual, the Miles and Points that they sell must only be as described.

    2. If any Miles or Points does not conform with the requirements outlined in sub-Clause 14.1, you must contact the Seller as soon as reasonably possible to inform them of the problem. Depending on the nature of the problem, the following remedies will be available to you:

      1. Beginning on the day that you receive the Miles or Points you have a 14 calendar day right to reject it and to receive a full refund if it does not conform.

    3. Please note you will not be eligible to claim under this Clause 14 in the following circumstances:

      1. you have purchased the Miles or Points for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the Miles or Points for that purpose; or

      2. you have no access to the transferred Miles or Points on your Frequent Flyer Program Account 

      3. the transferred amount of Miles or Points exceeds your annual allowance


    4. Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 14 calendar days of the day on which the Seller agrees that you are entitled to a refund.

    5. Any and all refunds under this Clause 14 must include all delivery costs or transfer fees paid by you when the item was originally purchased.


  1. Further Transaction Cancellation Rights

    1. Transactions can be cancelled, with the Seller issuing, where applicable, a full refund of any sums paid (including delivery charges or transaction fees) in the following circumstances:

      1. You and the Seller have mutually agreed to cancel the transaction before the Miles or Points were transferred;

      2. You and the Seller have mutually agreed to cancel the transaction following receipt by you of the Miles or Points and you have returned the Miles or Points to the Seller;

      3. You have not transferred the full amount or costs. 

    2. Refunds must be made within 14 days of:

      1. the date on which you and the Seller agree the cancellation, under sub-Clauses 15.1.1 and 15.1.2.


  1. Your Account Cancellation Rights

    1. You may close your Account at any time by requesting this service via support@milesflip.com.

    2. Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

  2. Our Liability to You

    1. As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Bidders/Buyers and Sellers. Furthermore, as stated in sub-Clause 5.1.3, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Site. We will not be responsible for any aspect of an Auction or transaction and make no warranties as to the quality, safety, or legality of any items purchased from Sellers through Our Site. Any claims pertaining to a transaction must be made directly against the Seller concerned.

    2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Bidders/Buyers or as a result of Our negligence.

    3. Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

    4. Nothing in these Terms for Bidders/Buyers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

    5. Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ Legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

  3. Communication and Contact Details

    1. If you wish to contact Us with general questions or complaints, you may contact Us by email at info@milesflip.com.

    2. For matters relating to Our Site including, but not limited to, these Terms for Bidders/Buyers, transactions, Sellers, and other Bidders/Buyers, please contact Us by email at admin@milesflip.com.

    3. For matters relating to cancellations, please contact Us by emailat support@milesflip.com.


  4. Data Protection

    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)

    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy on our Website.

    3. Sellers will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address). Sellers are required to have their own privacy policies in place to govern their collection, processing, and holding of Bidders/Buyers’ personal data. Please consult the privacy policy of any Seller you wish to buy from before entering into a transaction with them and ensure that you have read, understood, and agree to it. Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.

    4. You must only use the personal data of other Users (whether they are Bidders/Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Site, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.


  5. Other Important Terms

    1. We may transfer (assign) Our obligations and rights under these Terms for Bidders/Buyers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Bidders/Buyers will not be affected and Our obligations under these Terms for Bidders/Buyers will be transferred to the third party who will remain bound by them.

    2. You may not transfer (assign) your obligations and rights under these Terms for Bidders/Buyers without Our express written permission.

    3. If any of the provisions of these Terms for Bidders/Buyers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Bidders/Buyers. The remainder of these Terms for Bidders/Buyers shall be valid and enforceable.

    4. No failure or delay by Us in exercising any of Our rights under these Terms for Bidders/Buyers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Bidders/Buyers means that We will waive any subsequent breach of the same or any other provision.

    5. We may revise these Terms for Bidders/Buyers from time to time in response to changes in relevant laws and other regulatory requirements.


  6. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.

    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales.

    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.