Introduction

These Terms and Conditions govern the use of this website, participation in auctions and the purchase of pigeons and pigeon-related products through the Pigeon Auction House platform.

By registering an account, placing bids, listing items, purchasing products or otherwise using the Site, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Site.

Definitions

Auction

Any sale conducted through the Site where bidders compete to purchase a pigeon or related item.

Buyer

Any person who registers, places a bid or purchases through the Site.

Seller

Any person or entity listing pigeons or products for sale.

Proxy Bid

A maximum bid amount entered by a bidder, allowing the system to bid automatically on the bidder's behalf.

Products

Pigeon-related goods, supplies, equipment, feed, supplements, legally permitted medication and other items sold through the Site.

Pigeons

Live pigeons offered for sale or auction.

Eligibility

To use the Site, you must:

• Be at least 18 years old.
• Have the legal capacity to enter into binding agreements.
• Provide accurate and complete registration information.
• Comply with all applicable laws and regulations.

Registration and Account Security

Users must create an account before participating in an auction or making a purchase.

When creating and using your account, you agree to:

• Keep your username and password confidential.
• Accept responsibility for all activity conducted through your account.
• Notify Pigeon Auction House immediately if you suspect unauthorised access.
• Keep your contact and account information accurate and up to date.

The Site may verify user information and request supporting documentation where reasonably required.

Auction Rules

5.1 Winning bids

The highest eligible bid at the close of the auction will generally be declared the winning bid, subject to any applicable reserve price and the auction rules displayed on the listing.

5.2 Proxy bidding

The Site offers a proxy bidding system. When you enter a maximum bid:

• The system may automatically place bids on your behalf.
• Your bid will increase only as much as necessary to maintain your leading position.
• The system will not exceed the maximum amount you have entered.
• Where two bidders enter the same maximum amount, priority will be given to the bid entered first.

The Site does not guarantee that entering a proxy bid will result in a successful purchase.

5.3 Soft-close auction extensions

Where a valid bid is received during the final five minutes of an auction, the closing time may be extended by five minutes. Further qualifying bids may continue extending the auction until bidding has ended.

5.4 Auction administration

Pigeon Auction House may:

• Correct listing or system errors.
• Cancel an auction.
• Suspend or restrict bidding.
• Remove a listing.
• Investigate suspected fraud, manipulation or technical issues.

Payment

Winning bidders must make payment within the period specified on the Site, invoice, checkout page or auction communication.

Available payment methods will be displayed during checkout or communicated to the successful bidder.

Failure to make payment may result in:

• Cancellation of the sale.
• Suspension of account privileges.
• Restrictions on future bidding.
• Any other remedy available under applicable law.

Ownership and Risk

Ownership of a pigeon or product transfers only once full payment has been received and confirmed.

Transport, Collection and Delivery

8.1 Buyer's responsibility

Unless expressly agreed otherwise in writing, the Buyer is solely responsible for:

• Transport and shipping arrangements.
• Collection and delivery arrangements.
• Transport, courier and handling costs.
• Permits and veterinary requirements.
• Compliance with laws applicable to the movement of live pigeons.

8.2 Collection

The Buyer must collect purchased pigeons within the period specified by the Seller.

Failure to collect may result in:

• Additional boarding or care charges.
• Cancellation of the sale.
• Any other remedy available to the Seller or Site.

8.3 Transport risks

The Buyer assumes all risks associated with transport, including:

• Injury or illness.
• Loss or theft.
• Delay.
• Death during transportation.

Neither the Site nor the Seller will be responsible for incidents occurring after the pigeon has been released for collection or transport, to the extent permitted by law.

Health, Condition and Warranties

Unless expressly stated otherwise:

• Pigeons are sold in their current condition.
• Listing descriptions are supplied in good faith.
• Buyers must conduct their own reasonable due diligence before bidding or purchasing.

No guarantee is made regarding a pigeon's future:

• Racing performance.
• Breeding ability or breeding success.
• Health outcomes.
• Future monetary value.
• Genetic characteristics.
• Fitness for a particular purpose.

Product Sales

Pigeon-related products sold through the Site are subject to availability.

Pigeon Auction House reserves the right to:

• Refuse or cancel an order where lawful.
• Limit the quantity of products purchased.
• Correct pricing or product-information errors.

Product photographs are provided for illustrative purposes. Packaging, colour or appearance may vary.

Returns and Refunds

Returns and refunds will be handled in accordance with applicable South African consumer protection laws and any return policy published on the Site.

Due to their nature, live pigeons may not be eligible for return, except where required by law or expressly agreed in writing.

Prohibited Conduct

Users may not:

• Submit fraudulent or false bids.
• Manipulate or interfere with an auction.
• Misrepresent a pigeon, product or pedigree.
• Use the Site for unlawful purposes.
• Interfere with the security, operation or availability of the Site.
• Attempt to gain unauthorised access to another account or system.

Users engaging in prohibited conduct may be suspended or permanently banned.

Limitation of Liability

To the maximum extent permitted by law, the Site, its owners, directors, employees, agents and affiliates will not be liable for:

• Indirect or consequential loss.
• Loss of profits or business opportunity.
• Transport-related loss, delay or damage.
• Illness, injury or death after collection or release for transport.
• Interruptions caused by technical failures outside the Site's reasonable control.

Pigeon Auction House primarily acts as a marketplace facilitating transactions between Buyers and Sellers.

Indemnity

Users agree, to the extent permitted by law, to indemnify and hold harmless the Site, its owners, employees and affiliates against claims, damages, losses, liabilities or expenses arising from:

• Use or misuse of the Site.
• Breach of these Terms.
• Participation in auctions.
• Transport or collection arrangements.
• Sale or purchase transactions.

Electronic Communications

Users consent to receiving necessary electronic communications relating to:

• Account activity.
• Bid and outbid notifications.
• Auction results.
• Invoices and payment notices.
• Order and collection information.
• Security and administrative notices.

Users may opt out of non-essential marketing communications at any time.

Dispute Resolution

Parties should first attempt to resolve any dispute amicably and in good faith.

If a dispute cannot be resolved informally, it will be subject to the applicable laws of South Africa and the jurisdiction of the South African courts.

Governing Law

These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa.

Amendments

Pigeon Auction House may amend these Terms from time to time.

Updated Terms will be published on the Site and will take effect on the date indicated. Continued use of the Site after the effective date constitutes acceptance of the updated Terms.

Contact Information

Questions regarding these Terms, privacy matters, POPIA requests or disputes may be directed to: