' TERMS AND CONDITIONS
BACKGROUND:
This agreement applies between you, the User of this Website and AuctionIt.org.uk, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to list or bid on Items;
“Auction” means an auction taking place on the Website;
“Bidder” means a User that places a bid on an Item;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Item” means an item listed for auction on the Website by a Seller;
“Item Listing” means a listing for an Item placed on the Website by a Seller;
“AuctionIt.org.uk” means AuctionIt.org.uk , 1 Haggerston Road, Borehamwood, Herts, WD6 4BU;
“Listing Fee” means the fee payable to list an Item;
“Seller” means a User that is selling an Item on the Website;
“Service” means collectively any online facilities, tools, services or information that AuctionIt.org.uk makes available through the Website either now or in the future;
“System” means any online communications infrastructure that
AuctionIt.org.uk makes available through the Website either now or in the future. This includes, but is not limited to, Item listings, Auctions, email addresses and online forms;
“User” / “Users” means any third party that accesses the Website and is not employed by AuctionIt.org.uk and acting in the course of their employment; and
“Website” means the website that you are currently using (auctionit.org.uk) and any sub-domains of this site (e.g. subdomain.auctionit.org.uk) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1: Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Item Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of AuctionIt.org.uk, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2: You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by AuctionIt.org.uk. Specifically, you agree that:
2.2.1: You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by AuctionIt.org.uk;
3. Third Party Intellectual Property
3.1: The Intellectual Property Rights subsisting in the Content of Item Listings belong to the Sellers who placed those Item Listings unless it is expressly stated otherwise.
3.2: Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3: The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
4.1: Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites.
5.1: This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of AuctionIt.org.uk or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6.Links to this Website. Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://auctionit.org.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of AuctionIt.org.uk. To find out more please contact us by email at [email protected].
7. Selling an Item
7.1: When listing an Item on the Website you should do so in accordance with the following rules:
7.1.1: You must not use obscene or vulgar language;
7.1.2: Your Item Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3: Your Item Listing may not contain Content that is intended to promote or incite violence;
7.1.4: Your Item Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Items, Sellers, Bidders or Users;
7.1.5: Item Listings must be made using the English language(s). Content in any other language may be removed at our sole discretion;
7.1.6: Your Item Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
7.1.7: Items of the following types may not be listed:
Narcotics, steroids and all other controlled substances. This includes all items designed or primarily intended for use in manufacturing, concealing, or using a controlled substance.
Firearms, weapons and ammunition including all of the following items. Blank, dummy, live or inert ammunition. Bullets, buck shot or lead shot. Components of ammunition such as cartridges, casings, shells, or hulls. Gunpowder or primers. Reloading equipment, including items such as dies and moulds. Metal replica hand grenades. Atom or nuclear weapons. Explosives. Missiles and rockets or launchers. Ordnance, military weaponry (such as grenades and landmines), ammunition and related parts. Parts or accessories for assault weapons. Listings that mention capability with an assault weapon, even if the part or accessory fits non-assault weapons, are also prohibited. Any listing for a firearm accessory which contains a picture of the firearm itself. Converters (items that can be used to give a firearm automatic firing capability) . Any part that is required for a gun to fire, including, but not limited to: Barrels, Choke tubes, Cylinders, firing pins, Frames, including grip frames, Magazines (regardless of capacity). Receivers, including parts, upper or lower, cut, or 80 per cent receivers. Slides. Trigger assemblies. Firearm kits that are used to create a firearm. Flash suppressors. Reloading presses and equipment. Sears. Silencers. Firearms regardless of their ability to fire, how old they are, or their status as collectables. Firearms include all component parts of a firearm, sporting, collectable, curio & relic, signalling pistols, and antique firearms. Any item that is designed to discharge any shot, bullet or other missile. Starter or blank guns. Cannons. Zip guns. Pin fire guns. Any offensive weapon as defined by Section 141 of the Criminal Justice Act 1988 (UK) or the Firearms and Offensive Weapons Act 1990 (Ireland) as these statutes may be amended from time to time. Handclaws, footclaws, throwing stars, shurikens, sandclubs, sandbags, slungshots, saps and blackjacks. "Kusari gama", "kyoketsu shoge", "manrikigusari" or "kusari" (lengths of rope, cord, wire or chain fastened at one end to either a sickle, hooked knife, hard weight or hand grip). Leaded canes, staffs, crutches or sticks. Nightsticks, billy clubs, truncheons, tonfas, batons, police riot batons and similar items, regardless of age. Nunchaku (also called nunchucks or numchuks), coshes, shurikens, naruto and hollow kubutans. Plastic, brass or other metal knuckledusters. Disguised knives such as belt buckle knives, lipstick case knives, air gauge knives and writing pen knives. Push daggers. Stealth, throwing, ballistic, grivory and rubber knives, and Leathermans. Switchblade, spring-blade knives, snap-blade knives, gravity knives, stiletto knives and butterfly knives. Blow guns and blowpipes. Crossbows. Dart guns. Disguised stun guns. Flares, flare guns, flare launchers or receivers for flare guns. High voltage electric stunning devices. Potato guns such as bazookas, cannons, or launchers. Pneumatic spear guns. Shockers and shock guns. Stun guns. Weapons which discharge noxious liquids or gases such as tear gas or pepper spray dispenser. Paintball cannons. Any listing for a firearm accessory which contains a picture of the firearm itself. Realistic cap guns. Replica firearms. Replica Blaster Kits.
Personal IDs or documents: Birth certificates or a completed application for a birth certificate. Driver''s licences or a completed application for a driver''s licence. National Insurance numbers or a completed application for a National Insurance number. Passports or a completed application for a passport. Fake IDs such as licences or passports. Fake certificates or diplomas. Childminder badges.
Government IDs or documents: Immigration or work permission papers. Classified or restricted government documents. Documents that are designed to look like official documents but are actually fake.
Transit and vehicle items, IDs or documents: Government vehicle licence plates. Design plans of commercial airlines or plane engines. Internal, not-for-public documents, manuals, and other materials from companies that provide public transportation, including airlines, buses, ferries, underground, and trains. Car dealership stamps, blank service log books that contain stamps, and completed service log books (without the vehicle). Current vehicle licence plates and plates that look like current licence plates (see exception above for cherished number plates). Current blank Vehicle Identification Number (VIN) plates, and stamped VIN or TAG plates that have been removed from the vehicle. VIN plate rivets. V5, logbook or similar vehicle registration documents unless they are being listed with the vehicle (in compliance with DVLA requirements). Blueprints or schematics of airports, underground, or bus, tram, ferry and train stations.
Current airline uniforms and related items, including but not limited to: Flight attendant, pilot or other flight crew uniforms. Baggage attendant, gate agent and other ground crew uniforms. Uniform components like badges, wings and other accessories.
Current public transportation uniforms and accessories like hats, pins, scarves, and ties. This covers items from any company that provides public transportation, including buses, ferries, underground, and trains.
Royal Mail or Any Post uniforms, including badges
Delivery or courier company uniforms, including those from ParcelForce, DHL, Federal Express (FedEx), and United Parcel Service (UPS).
Airport security personnel uniforms, and accessories like badges.
Keys, tools, or anything that can control transit vehicles (regardless of how old the item is). Examples include railway switch keys or switch lock keys.
Keys issued as part of the National Key Scheme.
Royal Mail and Any Post mailbags, mail bins, and delivery vehicles.
Delivery or courier company decals, logos, or delivery vehicles like those from ParcelForce, Federal Express (FedEx), DHL, or United Parcel Service (UPS).
Information on how to obtain or make fake Ids.
Items that are used to create or modify IDs, government documents, licences, or plates.
Items that contravene any provision of the CLP regulation (Classification, Labelling and Packaging of chemicals and mixtures). For more information, please visit the HSE website.
Items that contravene any provisions of the REACH regulation (Registration, Evaluation, Authorization and Restriction of Chemicals).
Prohibited substances include, but are not limited to: Asbestos and items containing asbestos such as collectable gas masks. Azocolourants or azodyes. Benzene. Lead-based paints. Jewellery containing nickel. Items containing mercury such as thermometers, manometers, barometers and sphygmomanometers (blood pressure measuring devices). Any carcinogenic, mutagenic or repro-toxic substance (category 1 or 2) in substances or mixtures sold to the general public.
The following explosives precursors: Ammonium nitrate. Calcium ammonium nitrate. Calcium nitrate. Hydrogen peroxide above 12% weight by weight. Nitric acid. Nitromethane. Potassium chlorate. Potassium nitrate. Potassium perchlorate. Sodium chlorate. Sodium nitrate. Sodium perchlorate. Sulphuric acid.
Black powder.
Caps for toy guns.
Explosive fuses.
Fireworks, including but not limited to: Aerial bombs. Booby traps. Bottle rockets. Chasers. Dayglo bombs. Dummy fireworks. Firecrackers. Firework kits. Fountains. Nitro poppers. Party poppers. Roman candles. Skyrockets. Smokeballs. Smoke bombs. Snap caps. Snappers. Sparklers. Sparks. Torpedoes. Flares (both projectile and road flares). Flash paper.
Gas cylinders containing any of the following compressed gases are also prohibited for safety reasons: acetylene, carbon monoxide, ammonia, chlorine, hydrogen and sulphur dioxide. Empty or part-empty bottles are also prohibited as they may contain residual gas.
Gasoline.
Red phosphorous.
Thermite.
Used oil (such as cooking oil or motor oil).
Fire extinguishers or fire extinguisher grenades (including glass bulb fire extinguishers and brass fire extinguishers with a T-shaped handle) that contain carbon tetrachloride.
Brand name or items described as Freon.
For UK sellers, any banned refrigerant identified by the Department for Business Innovation and Skills.
For Ireland sellers, any banned refrigerant identified by the Department of the Environment, Community and Local Government.
Restricted, suspended or cancelled pesticides.
Opened containers or packages of pesticides.
Poisonous or toxic substances that Royal Mail (or Any Post) has prohibited for posting.
Unregistered pesticide products (not approved for sale on the UK or IE market).
Atomic or nuclear blast items (such as hot rocks, items from a blast or testing zone and Trinitite).
Items considered problematic by the HSE''s Nuclear Directorate and that the Nuclear Directorate has asked to be removed.
Items described in a listing as radioactive.
Nuclear materials.
Radioactive waste or contaminated materials.
Radium.
Raw depleted uranium.
Tritium in large amounts (such as certain types of glow sticks and exit signs).
Chloroform products.
Cyanide products.
Handheld lasers with over 1 milliwatts (mW). For further information on laser safety, please visit the Health Protection Agency website.
Hoverboards, self-balancing scooters, and components or parts such as batteries and chargers (on an interim basis until they are demonstrated to comply with applicable safety standards set out by the US Consumer Product Safety Commission).
Deployed airbags, airbags not contained within the steering wheel or removable seats of passenger cars or mini-buses, and safety belt pretensioners designed to activate as part of an airbag safety system.
The following batteries including but not limited to: Alkaline-manganese batteries. Mercuric oxide button batteries (button-shaped batteries typically used in vintage camera equipment). Zinc-carbon batteries. Lighters which breach EU or International regulations, including: Giant Lighters. Child appealing or novelty lighters.
Items that pose a health or safety hazard as specified by government agencies. We will remove listings at the request of government agencies.
Instructions on how to use or inject steroids (eBook, website, etc.)
Lock picking DVDs or DVDs that provide information on how to pick locks.
link to a website that provides information on how to hijack an aeroplane.
an eBook describing how to create methamphetamine.
other sources of information similar to those listed here.
Products designed to fake the results of a urine or drug test.
Reflective spray paint or license plate covers or diffusers.
Software or services which can unlock blocked/barred mobile telephone SIM cards or enable access to restricted areas, confidential information or other encoded data.
Kill switch activated electronic devices, including smartphones and tablets.
Services to bypass or override kill switches.
Other items similar to those listed here.
Falsifying customs declarations or having an item marked as "gift" in order to avoid customs fees.
Winning an item and requesting that the seller falsify the customs or taxation documents related to the item.
Bulk email lists, including: Opt-in lists. Information on how to obtain bulk email lists. Corporate email lists. Private email lists. E-zines with opt-in bulk email lists.
Instant messenger (IM) information.
Internet protocol (IP) information.
Leads that may provide possible sales information.
Mailing lists.
Social networking items, including but not limited to: invitations to networking sites that haven’t been open to the public yet.
Social networking profiles or accounts.
Invitations to networking sites that haven’t been open to the public yet.
Social networking “likes”, “followers”, “subscribers” or similar items.
Any items associated with social networking accounts that result in or encourage spam or the exchange of personal information.
Software or tools designed to send unsolicited email (spam) or harvest email addresses.
Software, tools, or services designed to send unsolicited texts or instant messages.
Website traffic-driving services, search placement services, and banner ad services.
Websites that lead to bulk email lists as well as linking to sites for people to sign up for newsletters or mailing lists.
Any item - such as a contract, cheque, or application - containing the national insurance number of a living person.
Any medicinal product which does not have a marketing authorisation for sale in the UK or Ireland and any substance in a form the MHRA defines as requiring a prescription form, or supervision of a licensed practitioner. This includes both prescriptions and pharmacy only substances including but not limited to: Contraceptives, including implantable devices. HIV testing kits. Allergy medicines. Components of prescription or over-the-counter drugs unless the sale of such components without a prescription has been approved by the MHRA. Injectable substances, including vitamins, and regardless of whether they''re available over the counter. Insulin in all forms, including non-prescription. Prohormones. Pseudoephedrine in any form or combination. Synephrine.
Repackaged over-the-counter medications.
Services offering medical procedures e.g. services offering Botox. A complex set of regulations prohibit advertising to the general public which is likely to lead to the use of a prescription only medicine (POM).
Tooth whitening products that contain greater than 0.1% of hydrogen peroxide, carbamide peroxide, zinc peroxide or other compounds that release hydrogen peroxide. For more information, please see the General Dental Council for the UK and the Irish Dental Association for Ireland.
Jiu Bian Li.
Muscletech NaNoX9 Hardcore tablets.
TREN-Xtreme.
MASS Xtreme.
ESTRO Xtreme.
AH-89-Xtreme.
HMG Xtreme.
MMA-3 Xtreme.
VNS-9 Xtreme.
TT-40-Xtreme.
Products containing ephedra, ephedrine, or ma huang.
Weight loss pills with MHRA warnings or recalls.
Claiming or suggesting that muscle-building supplements have the same effect as steroids.
Claiming that stamina products work like Viagra or other erectile dysfunction medications.
Making a claim which is disallowed under EU regulation or the UK Cancer Act or when the MHRA hasn''t approved such claims. This includes claiming an item can cure, relieve, treat, or reduce the risk of getting an ailment or a disease.
Medical products that reference avian bird flu or swine flu.
Contact lenses (including ''zero powered'' or cosmetic lenses).
CPAP machines, Bilevel Positive Airway (BiPAP) devices, and Variable Positive Airway Pressure (VPAP) devices and their accessories that require a prescription.
Defibrillators.
Implantable devices, such as pacemakers, heart valves, vascular grafts, ventricular bypass devices, and implantable fusion pumps.
Pumps and ancillary items for the administration of enteral tube feeds.
Unauthorised medical devices such as ear candles.
Any veterinary medicine which does not have a marketing authorisation for sale in the UK.
UK authorised veterinary medicines classified as NFA-VPS, POM-VPS or POM-V by the VMD.
Any substance defined as requiring a prescription by the VMD.
Injectable substances, including vitamins, and regardless of whether they''re available over the counter.
Repackaged over-the-counter medications, including flea and tick medications.
Any product that is making claims for animal treatment or diseases which does not have a UK authorisation.
Listings that graphically portray, glorify, or attempt to profit from human tragedy or suffering, or that are insensitive to victims of such events.
Personal belongings of anyone convicted of a violent crime or any work (such as a book) from which they might profit.
Letters or artwork created by serial killers or violent criminals.
Novelty items related to serial killers.
Items glorifying serial killers or persons convicted of a violent crime.
Items from notorious crime scenes.
Items promoting violence against an individual, including convicted criminals.
Holocaust-related items, including reproductions such as: Uniforms and personal belongings of concentration camp prisoners. Jewish identification (armbands, Star of David). Holocaust photos that depict dead bodies, executions, or other violent or degrading scenes. Nazi issued documents (passports, travel papers).
Nazi-related items, including reproductions such as: Uniforms, uniform components, weapons, or other items that bear Nazi symbols, whether visible or covered. Listings in which images are edited or cropped to try and hide Nazi symbols. Denazified items (items that originally had Nazi symbols that have been removed).
Any items that were owned by, affiliated with or books written by Nazi leaders such as: Joseph Goebbels. Hermann Goering. Rudolf Hess. Reinhard Heydrich. Heinrich Himmler. Adolf Hitler.
Media identified as Nazi propaganda or that otherwise promote hatred or racial supremacy including historic or current items.
Any item that glorifies or promotes violence towards humans or animals.
Execution or torture related media or devices.
Explicit crime scene or morgue photographs or videos.
In light of strict criminal provisions in the UK and Ireland, listings may not include items that imply or promote support, or membership in, or funding of any prohibited groups.
Items promoting or commemorating groups with views of hatred, violence, racial, religious, or sexual intolerance that may not be addressed under current law.
Racial slurs.
Items promoting or marketing intolerance toward religion, sexual orientation, race, or ethnic background.
Slavery items, including reproductions, such as tags, shackles, documents, bills of sale, etc.
Confederate battle flags and related items with its image.
Badges from law enforcement agencies, including but not limited to: Interpol. Military Police (MP). UK Border Agency. HM Revenue & Customs. Metropolitan Police Service (and all other constabularies). Serious Organised Crime Agency (SOCA). Badges issued by foreign governments, including international police badges. Badges issued by private security companies. Badge patches or patches in the shape of a badge. Identification cards or credentials for members of law enforcement. Police tape. Private investigator badges. Quasi-law enforcement badges such as fire brigade badges. Reproductions of current police badges, including fake badges that look like current issue police badges.
Fully operational emergency vehicles with lights, sirens etc.
Lighting for emergency vehicles.
Listings for emergency lighting systems that have black and white or stock images.
Red, green or blue lenses used for emergency vehicle lights.
Red, green or blue LEDs for emergency vehicles.
Siren controls or amplifiers for emergency vehicles.
Specific law enforcement decals.
Official, current or recently issued police uniforms, or components of those uniforms, that have police markings (such as jackets, hats and helmets with badges).
Uniforms and equipment for ambulance services, emergency medical technicians (EMTs) or fire fighters.
Military police uniforms or components of those uniforms.
Raid jackets.
UK Border Agency uniforms or components of those uniform, including shoulder patches.
Uniforms, military items, clothing, identity cards, decorations, awards or flags, which are not promotional items of Red Cross, Red Crescent or Red Crystal organisations and which contain the Red Cross, Red Crescent or Red Crystal emblems.
Security firm uniforms.
Traffic light control devices.
Offers for personal relationships, including in-person or online relationships.
Offers to become friends on online social networking sites like MySpace and Facebook.
Any listing that in any way offers or suggests sexual contact, including dating and escort services.
A listing offering a massage or other service requiring physical contact.
Personal advice and coaching.
Medical services, such as surgery or psychiatric therapy.
Recruiting services for any type of employment, including multi-level marketing and home business opportunities.
Items stolen from private individuals.
Property taken without authorization from companies or governments.
7.1.8: You must not post links to other Websites containing any of the above types of Content;
7.1.9: The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.10: Your Item Listing must be placed into the appropriate category;
7.1.11: You must not impersonate other people or businesses;
7.1.12: You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.13: You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2: AuctionIt.org.uk does not screen or pre-approve any Item Listings submitted to the website, however on notification from Users we may examine Item Listings and such Item Listings may be edited and/or removed from the Website.
7.3: AuctionIt.org.uk may edit your Item Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Item Listing may be removed and your Account may be suspended or terminated. You will not be informed in writing of the reasons for any such alterations or removals.
7.4: In order to post an Item Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1: Any information you submit is accurate and truthful; and
7.4.2: You will keep this information accurate and up-to-date.
7.5: By posting an Item Listing you warrant and represent that you are the author of that Item Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. AuctionIt.org.uk accepts no responsibility or liability for any infringement of third party rights by such Item Listings or Content. Further, you waive all moral rights in the Item Listing to be named as its author and grant AuctionIt.org.uk a perpetual licence to modify the Content as necessary for its inclusion on the Website.
7.6: AuctionIt.org.uk will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk.
7.7: Nothing in these Terms and Conditions shall grant AuctionIt.org.uk any rights in or to any trademarks or any other intellectual property rights contained within your Item Listing or any part of it save for the right to display the same on the Website as part of your Item Listing until you or AuctionIt.org.uk choose to remove that Item Listing.
7.8: You acknowledge that AuctionIt.org.uk may retain copies of any and all communications, information, Content and Item Listings sent to us or submitted to the Website.
8. Bidding and Buying
8.1: AuctionIt.org.uk will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk.
8.2: Bidders may bid on any Item at any time during an Auction;
8.3: A bid is generally an irrevocable offer made by a Bidder to a Seller to buy the Listed Item.
8.4: Bids (including winning bids) may be cancelled or retracted in limited circumstances: You entered the wrong amount. Seller changed the description of the item. You Cannot contact the seller.
8.5: Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s).
8.6: Bidders are required to conduct their own research and due diligence. All Items are sold on an “as is” basis.
8.7: If a Bidder’s bid is the highest bid on an Item at the end of an Auction, and is above the Seller’s reserve price, that bid shall be deemed to have been accepted by the Seller, creating a legally binding contract between the Bidder and the Seller under which the Bidder is obliged to purchase the Item at the price of their winning bid and the Seller is obliged to sell the Item for the same.
8.8: All Bidders and Sellers shall be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against one another for non-performance of any of their respective obligations hereunder.
8.9: Payment for Items may be made by the following methods;
PayPal
Authorize.net
WorldPay
Moneybookers
2Checkout
Cheque
Postal Order
8.10: Sellers shall be under no obligation to release any Items to Bidders until they have received any and all sums due in cleared funds. Sellers may release Items prior to receipt of monies due but do so entirely at their own risk.
8.11: Legal title in and to Items shall transfer to Bidders only upon receipt of any and all sums due by Sellers, notwithstanding early transfer of possession under sub-Clause 8.10.
8.12: Bidders may, in limited circumstances, have a legal right to return Items to Sellers. Any returns must be completed with 30 Days days of delivery or collection. Refunds will be processed only upon receipt of the returned Item by the Seller.
8.13: You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.
9. Accounts and Listing Fees
9.1: In order to place an Item Listing or bid on an Item on this Website you must create an Account which will contain certain personal details. By creating an Account, you represent and warrant that:
9.1.1: All information you submit is accurate and truthful; and
9.1.2: You will keep this information accurate and up-to-date.
9.2: Sharing of accounts is not permitted unless expressly authorised in writing by AuctionIt.org.uk. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
9.3: A Listing Fee will be charged for each Item Listing you place over the value of £20 and for each Item that you successfully sell on this Website. Listing Fees are detailed here http://auctionit.org.uk/viewhelp.php?cat=2#faq6 .
9.4: Item Listings which AuctionIt.org.uk rejects in accordance with sub-Clause 7.2 shall not be charged for.
10. Termination and/or Suspension.
10.1: In the event that any of the provisions of these Terms and Conditions are not followed, AuctionIt.org.uk reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
11. Privacy
11.1: Use of the Website is also governed by our Privacy Policy (http://auctionit.org.uk/contents.php?show=priv) which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
11.2: The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy ( http://auctionit.org.uk/contents.php?show=priv ). By accepting these terms and conditions, you are giving consent to AuctionIt.org.uk to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
11.3: If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet
browser''s settings to restrict cookies as detailed in your internet browser''s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
12. Disclaimers
12.1: AuctionIt.org.uk makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
12.2: Save for the screening and approval of Item Listings, AuctionIt.org.uk has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Sellers. Specifically, you acknowledge that:
12.2.1: AuctionIt.org.uk does not own any Items that are being sold on the Website;
12.2.2: AuctionIt.org.uk is not an agent for any Seller;
12.2.3: AuctionIt.org.uk has no involvement in the sale or delivery of any Item;
12.2.4: AuctionIt.org.uk is not responsible for ensuring that a transaction between a Bidder and a Seller is completed correctly;
12.2.5: AuctionIt.org.uk will not become involved in any dispute between a Bidder and Seller unless such dispute involves a breach of these Terms and Conditions.
12.3: Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, AuctionIt.org.uk makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
12.4: No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
12.5: AuctionIt.org.uk makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
12.6: Whilst every effort has been made to ensure that all descriptions of services available from AuctionIt.org.uk correspond to the actual services available, AuctionIt.org.uk is not responsible for any variations from these descriptions.
12.7: Whilst AuctionIt.org.uk uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
13. Availability of the Website and Modifications
13.1: The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
13.2: AuctionIt.org.uk accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13.3: AuctionIt.org.uk reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
14. Limitation of Liability
14.1: To the maximum extent permitted by law, AuctionIt.org.uk accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users
should be aware that they use the Website and its Content at their own risk.
14.2: Nothing in these terms and conditions excludes or restricts AuctionIt.org.uk’s liability for death or personal injury resulting from any negligence or fraud on the part of AuctionIt.org.uk.
14.3: Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15. No Waiver
15.1: In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and Conditions
16.1: In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
17. Third Party Rights
17.1: Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and AuctionIt.org.uk.
18. Communications
18.1: All notices/communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18.2: AuctionIt.org.uk may from time to time send you information about our products and/or services. If you do not wish to receive such information, please update this in the My Hub Tab.
19. Dispute Resolution
19.1: Any and all disputes between Bidders and Sellers must be notified to AuctionIt.org.uk as soon as possible using the contact details set out in Clause 18.
19.2: The initial communication must set out the nature of the dispute in as much detail as is reasonably possible.
19.3: AuctionIt.org.uk will use reasonable endeavours to resolve any and all disputes within 30 days. In the event that a dispute is not resolved within that time, either party to the dispute or AuctionIt.org.uk may request a meeting of all parties concerned in order to resolve the dispute.
19.4: Where any dispute continues unresolved after the measures set out in sub-Clauses 19.1 to 19.3, the parties to the dispute are free to use any lawful methods they deem appropriate in order to reach a resolution including, but not limited to, seeking independent legal advice.
20. Law and Jurisdiction
20.1: These terms and conditions and the relationship between you and AuctionIt.org.uk shall be governed by and construed in accordance with the Law of England and Wales and AuctionIt.org.uk and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.