Terms and Conditions of TradePrintable Version
The following Terms and Conditions govern the Service that we offer to you.
Please read these Terms and Conditions carefully. Upon completion and submission of your registration details (and for all bidding conducted by you under those details), you are deemed to have read, accepted and understood these Terms and Conditions; and you are bound by these Terms and Conditions in your use of the Services provided by General Auctions Online, as amended and varied from time to time.
1.1 Terms and Conditions
(a) The meaning of defined terms used throughout these Terms and Conditions are contained in Clause 13 of these Terms and Conditions.
(b) The Terms and Conditions set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. These are important conditions for the use of the Service. If you breach any of these conditions, we at our reasonable discretion, may decide not to allow you to participate in the Service or if necessary claim damages against you. Please take time to read these Terms and Conditions and make sure you understand them. If you have any questions, please read our Help pages. If these pages do not answer your question, please contact our customer service team at email@example.com
(c) We may amend these Terms and Conditions from time to time by posting new Terms and Conditions on this Site. These amendments will take effect 7 days after the changes have been posted on the Site. You should review these Terms and Conditions from time to time for any amendments. These Terms and Conditions are effective as of 27th October 2007. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms and Conditions will constitute your acceptance of the new Terms and Conditions applying to the Service.
(d) Please note that additional conditions governing the Service and your relationship with us are contained in other General Auctions Online website pages and unless those conditions conflict with these Terms and Conditions, they will be incorporated into and will form part of the Terms and Conditions. In particular, please carefully read all information relating to the Item Description and Auction Information which contains important information relevant to each particular sale on the Site.
1.2 Use Of The Service For Online Auctions
(a) The Service is provided to you personally. When using the Service, you must not re-sell access to the Service to another person or make commercial use of the Service, without our prior written consent.
(b) If a government department, government agency or law enforcement agency informs us that there is any information on the Site which is in contravention of, or may contravene, any law, industry code of practice, policy guideline or regulation, we can remove that information from the Site.
(c) Without limiting any other remedies available to us, we may suspend or terminate your account if we reasonably suspect you to have engaged in fraudulent activity in connection with the Site.
2.1 Registering For Use
(a) You must register your details with us to use the Service (your “Account”). Registration is free and does not oblige you to purchase anything.
(b) You agree that you will not, in registering for and using the Service, use a false or misleading name or give false or misleading information, and notwithstanding which, your obligation to purchase as a Winning Bidder shall not be abrogated by reason of the provision by you of any false or misleading information. If your details have changed since you last used the Service, you must provide us with the updated details. We are not responsible for any loss or damage (including misdirected Winning Bidder’s emails and misplaced deliveries) as may occur because you have not provided us with complete and accurate information.
(c) When you register for the Service, you must choose your User ID and Password. You must have a valid User ID (or “Login”) and Password before you can bid on items on the Site. You are responsible for the security of your User ID and Password. You authorise us to assume that anyone using your User ID and Password is you or someone authorised by you. Unauthorised access and use of your details will, under no circumstances, negate your liability for any bids made on the Site or any obligation to purchase an item which may result from such use. You must notify us immediately if you become aware of any unauthorised use of your User ID or Password or of any other security breach.
(d) We will use our best endeavours to send notifications to you by e-mail of:
(i) the status of an online auction in which you are participating, such as ‘You Have Been Out-Bid on…’ e-mails, or “You have just won an auction!” emails
(ii) newsletters and other promotional events and offers, unless you tell us you do not wish to receive these communications when you complete your registration form.
However, we accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
(f) You may request that your Account be closed by emailing us a closure request, to firstname.lastname@example.org. You may not close your Account while you are the highest bidder on an online auction. When you are no longer the highest bidder, or when the auction closes, you may request that your Account by closed.
2.2 Eligibility to Participate
You must be able to form legally binding contracts to use the Service. This means that if you are under 18 years of age or otherwise legally prohibited from entering into binding contracts, you must not use the Service.
2.3 Registration Process
In order to be eligible, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we may charge a nominal amount (£1.00) to your credit card and then re-credit that amount to the same credit card (which usually takes no more than one week). These transactions may appear in your credit card statement. By registering, you irrevocably authorise us to process these transactions.
2.4 Your Information
(a) Your information includes any information you provide to us during the registration, online auction bidding process, your bidding activity at an online auction and any e-mail feature.
(b) You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate. For example, if we believe Your Information may create any liability for us. However, in dealing with Your Information we will always act reasonably.
(c) You must ensure that Your Information
(i) is true, accurate and complete;
(ii) is not fraudulent or misleading;
(iii) does not infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) does not violate any law or regulation;
(v) is not defamatory, libellous, unlawfully threatening or unlawfully harassing;
(vi) is not obscene or contains pornography;
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(d) Furthermore, you may not do anything involving the Service which:
(i) may violate or cause us to violate any applicable law or regulation, or
(ii) is expressly prohibited by these Terms and Conditions.
3. YOUR RIGHTS AND OBLIGATIONS
3.1 Your Obligations As Bidder
(a) When you use the Service and bid on an online auction conducted on our Site, you are making an offer to buy the item at your bid price. If your bid price is the Winning Bid Value, you will be the Winning Bidder and are obliged to purchase the item you have bid for and pay the Winning Bid Value, plus any additional charges that you may be obliged to pay. Please refer to clause 3.2 below for details in relation to “Your Obligation to Pay”.
(b) Please take care when making a bid as once your bid is placed, it cannot be withdrawn.
(c) It is your responsibility to read the Item Description and Auction Information about any item we post for auction on the Site and satisfy yourself as to the correct description, quantity, quality, genuineness or authenticity of the Item. Descriptions are given only to distinguish one lot from another, they are not guaranteed to be correct nor imply any warrantee. All items are sold as seen, faults are not stated, items maybe incomplete. The Company shall not be liable for any loss, damage, injury or expense suffered or incurred by a purchaser as a result of any aforesaid occurring.
(d) Please do not rely solely on the title summary or any photographs of the item posted on the Site for a complete description of an item. You must not assume that the description or photograph of the item in any way offers an opinion or an assessment of the suitability of an item for you. If a photograph is provided, please use it as a guide only.
(e) Please make sure you understand the payment terms, including any addendum to those Terms and Conditions as outlined in the Item’s description. Note that a Buyer’s Premium, and other charges will apply to most online auctions (please refer to clause 3.2 below for details of these additional charges).
(f) You must not engage in bid manipulation. Bid manipulation is any practice which unfairly induces other users to make bids or controls the bid price. This includes (but is not limited to) bidding in a way that pulls other bidders to their maximum bid, and then re-bid at a small increment above the legitimate high bidder or employ Shill Bidding, (being the use of secondary registrations, associates or aliases to artificially raise the bidding on an item). Buyers are also prohibited from communicating with each other for the common purpose of manipulating the final purchase price of an item.
(g) Please use common sense and caution when using the Service. There are risks involved when conducting business over the Internet. We cannot confirm the identity or location of each of the people who use the Service or whether such users are under age or acting under false pretence. We do not tolerate fraudulent practice by people using the Service or abuses of the system. However, we cannot guarantee that such conduct will not occur.
3.2 Your Obligation To Pay
(a) If you are the Winning Bidder on an online auction, you must pay the Account Balance within 7 days, which includes:
(i) the Winning Bid Value; and
(ii) the Buyers Premium; and
(iii) any other fees and charges specified in the Account Summary, and including but not limited to tax, storage and insurance charges where applicable due to us either by:
(iv) Cash, Bankers Drafts and Debit Cards (i.e. Switch and Visa Delta), please note all Bankers Drafts will be verified with the issuing bank and items may not be removed until the company is fully satisfied with their authenticity.
(v) Credit Card using the Chip and Pin method (i.e. Visa, MasterCard and Eurocard). Purchasers wishing to use this method will be charged an additional 2% handling fee plus V.A.T
(b) If you are the Winning Bidder and the Account Balance is not paid in full within 7 days of winning a lot, we shall have the right (and you hereby authorise us) to charge your credit card, (either for the full or for part of the amount constituting the Account Balance that is owing to us) and hold such funds as a deposit pending final payment by you. In such circumstances we will also charge an additional 3% administration fee to your credit card, which amount will be calculated on the total of the Account Balance.
(c) If we find that the amount of credit available on your credit card is insufficient to cover the Account Balance due to us, we can deduct any portion of the Account Balance that is due and payable to us from your credit card and hold such funds as a deposit pending payment of the balance of the Account Balance due.
(d) If we are unable to deduct from your credit card the full sum of the Account Balance owing to us in one transaction, we shall be at liberty to process any such number of transactions on your credit card as is sufficient to satisfy the full Account Balance you owe to us.
(e) If you:
(i) refuse to pay or otherwise fail to complete the purchase of an item on an online auction when you are the Winning Bidder (for example, if your credit card balance is insufficient to meet all money due); or
(ii) do not comply with these Terms and Conditions then we will, at our absolute discretion, be at liberty to:
(A) sue you for the Winning Bid Value and all other money owing to us, including lost commission and Buyers Premium, administration costs, restocking costs, additional costs including advertising, insurance, transportation, storage and any other reasonable expenses incurred in reinstating us to the same position as if the item was paid for in full and removed from site within the allotted time
(B) resell the item in any manner and upon such conditions as we see fit without notice of resale to you and claim the net shortfall (between the Winning Bid Value and the resale price received after deducting all expenses (as specified in (A) above)
and in taking the steps in (A) or (B) you hereby authorise us to charge your credit card with any money owing to us.
(f) Notwithstanding that a Winning Bidder may have been notified of their placement of the Winning Bid Value, we may at our sole discretion choose to withdraw and not proceed with completion of the sale of the item in the following circumstances where, but not limited to:
(i) the credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by the Winning Bidder;
(ii)there are insufficient funds/ the credit limit is insufficient to cover the sum of the Account Balance;
(iii) if the Winning Bidder fails to make payment of the Account Balance into a bank account nominated by us within 7 days of the Winning Bidder placing the Winning Bid Value; or
(iv) we are unable to contact the Winning Bidder for any reason.
(g) If you fail to comply with any of these Terms and Conditions, any moneys which you paid to us upon deposit on account of any purchases of an item may be forfeited absolutely and we shall be at liberty to sue you for recovery of the balance of the Account Balance and any other amounts as may be owing to us pursuant to these Terms and Conditions.
3.3 Storage Charges.
All sold lots are subject to storage if not paid for in full and removed from site within 7 days of the close of auction. Winning bidders are liable for all storage cost as detailed in the sale overview of the specific lot. All storage fee's are subject to VAT at the current rate. If lots are not removed and the storage incurred reaches an unacceptable level, at the sole discretion of General Auctions Online, the goods may be resold, to cover the outstanding storage fee's. General Auctions Online will attempt to resell the item in any manner and upon such conditions as we see fit without notice of resale to you to redeem the outstanding storage fee's. Should this result in a net shortfall after deducting all expenses such as but not limited to, advertising, re-lotting etc, General auctions Online reserve the right to pursue the original winning bidder for the short fall in a court of law.
3.4 Obligation To Maintain System Integrity
(a) You may not take any action that might interfere with the operation of the Service.
(b) You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any online auction being conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure. You may not disclose or share your password to or with any third parties or use your password for any unauthorised purpose.
(c) You are solely responsible for your transmissions through the Service. You agree that you will
(i) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(ii) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(iii) not interfere with or disrupt networks connected to the Service;
(iv) not use the Service for illegal purposes;
(v) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in the Site.
(d) We reserve the right to determine whether or not your conduct is consistent with the spirit and the letter of these Terms and Conditions and may, at our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with these Terms and Conditions.
4. THE ONLINE AUCTION PROCESS
(a) You may bid by entering in the maximum amount you would like to bid on an item.
(b) An online auction will start at the specified time and at the nominated minimum starting price
(c) All bids placed at an online auction
(i) must be made on a per-item basis, and
(ii) may only be increased by multiples of the posted bid increment
(d) We set a minimum price for each item we auction at which the bidding must start.
(e) We have discretion to close an online auction before the scheduled time. For example, we may close an online auction if, but not limited to:
(i) there is or we suspect fraudulent or malicious biding;
(ii) there are processing errors;
(iii) there are technological errors or Site failure;
(iv) we have been requested by the vendor to remove the item from the sale
(f) If an online auction closes without any bid activity, we may extend that online auction for a time period being the length of the original auction in which there was no bid activity or we may re-schedule the auction for another time.
(g) Bids placed at online auctions will be ranked in the following order of precedence, namely, bid price over initial bid time. For example, if two or more bids are for the same bid price the time the bidder placed their first bid on the item (or lot) takes precedence.
(h) All bids placed on online auctions are made on a per-item basis and bid amounts may only be increased in multiples of the specified bid increment. While you are the current highest bidder on an online auction, you will not be permitted to lower your current bid with a new lower bid.
4.2 Conclusion Of Online Auction
(a) The auction closes at the end of the time period specified for that online auction where there are no new successful bids during the sniper protection period immediately preceding the end of the time period specified. The sniper protection period is variable and controlled by the Site depending on factors such as the item type. General Auctions Online accepts no responsibility for any circumstances or incidents arising as a result of any slight variations that may occur in the sniper protection period. If there are any successful bids on a particular lot/item within the sniper protection period of the close of the online auction (the going, going, gone period), the auction will continue to be extended until there are no more within the sniper protection period.
(b) When an online auction in which you have been participating closes and you are the Winning Bidder, we will notify you by e-mail. This notice will include
(i) notification that you are the Winning Bidder and of the amount of your winning bid;
(ii) the ID number and the Item Title;
(c) We provide this notice out of courtesy and as a reminder to you. Due to problems beyond our control you may not receive this email, however, you are solely responsible for monitoring the status of any online auction in which you participate and non-receipt of a Winning Bidder (or any other) email from us shall not abrogate or release you from your obligation to complete the sale and purchase the auction sale item. Additionally, you are responsible for completing your obligations with respect to the purchase after the online auction has closed.
(d) When you place the winning bid at an online auction, you authorise us to charge the cost of your purchase and any other applicable cost, together with any other purchases you have made in accordance with clause 3.2.
(e) If you are the Winning Bidder for an item at an online auction, you are contractually obliged to complete the transaction and purchase that item.
(f) You acknowledge that:
(i) unless otherwise stated all prices are quoted in Pounds Sterling;
(ii) you must pay for goods and services, including any other fees as outlined in clause 3.2 above, in Pounds Sterling, unless otherwise specified.
4.3 Processing and Technological Errors
In the event of errors in processing and/or site downtime or any other errors or delays caused to the site and/ or Service as a result of unforeseen technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we hereby reserve the right to:
(a) decide (prior to or after the original time set for conclusion of the online auction) to extend an online auction for a period of time (determined at our discretion); and/or,
(b) decide (prior to or after the original time set for conclusion of the online auction) to re-open an online auction for a period of time - to be determined at our discretion; and/or,
(c) retract any Winning Bidder’s emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
(d) amend at any time prior to or during an online auction, the “start price” allocated to an item for sale online, but only so as to correct any errors due to processing or technological fault; and/or,
(e) void that entire online auction transaction and open the auction again at the original start prices.
5. PRODUCTS FOR SALE BY ONLINE AUCTION
5.1 Description of Goods
(a) In relation to the items sold in an online auction, we will endeavour to:
(i) provide accurate descriptions to fairly reflect each item;
(ii) pass clear title to the items to you; and
(iii) ensure that each item for auction on the Site is available at the time of the auction.
(b) Subject to any rights you may have under the Trade Descriptions Act and similar laws we do not make any promises that:
(i) the items are fit for a particular purpose;
(ii) they are able to be repaired, replaced or serviced over and above the rights which you have under vendor’s warranties (if applicable)
Please note: When buying at public auction, you are not protected by any purchaser protection acts. Once lots are purchased, they are yours. You can not change, return or make complaints as to their condition or lot description.
5.2 Return of Goods
No Goods may be returned. All items are sold as seen unless stated otherwise.
Subject to any legal rights, if an item is sold by us on an online auction, and that item is sold with an accompanying manufacturer’s warranty, we will take no responsibility whatsoever for the content, fulfilment or enforcement of that manufacturer’s warranty, and it shall be your responsibility at all times to contact any such manufacturer in relation to all queries and claims relating to the manufacturer’s warranty.
If an item or lot is described in the Lot Description or Product Information on our Site as being in a faulty, damaged condition, spares or repairs only, you acknowledge such condition when bidding for that lot or item, and further acknowledge that General Auctions Online accepts no liability for, and will not entertain any subsequent claim against us by a Winning Bidder for any loss or damage incurred by a buyer on account of the faulty or otherwise damaged condition of the auction item or lot.
5.3 Retail Prices
In certain circumstances, an item for sale on the Site may display the manufacturer’s Original Retail Price (ORP). Please be aware that this is not a reference to the current recommended retail price of the goods but rather a reference to the price supplied by the manufacturer, distributor or retailer of the item at the time of the item’s original sale, and therefore such prices may not be current as at the time of the online auction of the item. General Auctions Online takes no responsibility for the display of ORP’s on any item it offers for sale at an online auction on its Site, and hereby advises all bidders to satisfy themselves as to the value of the item being auctioned.
In certain circumstances, an item for sale on the Site may include reference to the current Recommended Retail Price (RRP). Please be aware that if a RRP is included with a sale item, the RRP has been supplied by the vendor of the item and the vendor has warranted to us that the RRP is current at the time the item is placed on the Site for sale by online auction. General Auctions Online accepts no responsibility for the accuracy or otherwise of any RRP’s included on any item it offers for sale at an online auction on its Site, and General Auctions Online hereby advises all bidders to independently satisfy themselves as to the value of the item being auctioned.
6. OUR RIGHTS
6.1 Suspension From Use Of Service
(a) We may refuse you the right to use the Service if you, but not limited to:
(i) are successful at an online auction and do not pay for the bid item and/or refuse to collect the item;
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) if we become aware that you have engaged in any form of bid manipulation you will be permanently suspended from the Service, including all associated secondary and re-registered membership accounts.
(b) We may suspend, cancel or terminate your access to the Service if you breach or fail to observe these Terms and Conditions or for any other reason at our discretion.
(c) If we suspend your access to the Service, you may not register again.
6.2 Our Discretion
(a) It is illegal to make bids in a false name or with an invalid or stolen credit card, even if our software initially accepts such a bid. Fraudulent bidders will be prosecuted to the fullest extent of the law. You will also be reported to your Internet Service Provider.
(b) You may be sued by us for losses suffered by our vendors because of your bid manipulation or illegal action. Those proceedings can result in bankruptcy if you cannot pay the amount claimed. We may at our sole discretion suspend, cancel or terminate the provision of the Service to you if you engage in bid manipulation or illegal activities. If you engage in illegal activities in connection with the use of the Service, we may report you to the relevant authority or take civil or criminal action against you.
(c) If your credit card balance is insufficient to meet all money due to us, then in addition to all other remedies available to us pursuant to these Terms and Conditions and at law, we may immediately institute proceedings for full financial restitution.
6.3 Our Rights Upon Breach By You
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Registration Account on any of your current online auctions, and any other information you place on the General Auctions Online site if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.
6.4 Rights As agent and/or Seller
(a) We may withdraw and / or re-offer an item from an online auction where the item:
(i) becomes unavailable due to damage,
(ii) or the title to or provenance of the item is disputed;
(iii) is withdrawn by the manufacturer, distributor or vendor;
(iv) fails to draw a bid above the posted minimum,
(v) fails to draw any bid;
(vi) has been erroneously listed twice; or
(vii) is incorrectly described.
(b) We also reserve the right to change the:
(i) quantities of products posted;
(ii) maximum number of items which you may bid for; or
(iii) bid increment during the auction
For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
7. LIABILITY AND INDEMNITIES
7.1 Our Liability To You
(a) We are not responsible for bids not received, processed or accepted due to technical difficulties. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a bid not received, processed or accepted due to technical difficulties.
(b) We provide the Site and the Service without any warranty or condition with regard to the Site’s capacity express or implied except those warranties which are implied by law. In relation to the items which we auction at the Site, we provide those warranties implied by law.
(c) Neither we nor our suppliers will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service.
(d) We do not guarantee continuous, uninterrupted or secure access to the Service, and operation of the Site may be interfered with by numerous factors outside of our control.
(e) You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Service may not be available or bids placed at online auctions may not be processed or may not be accepted for reasons beyond our control. In these circumstances we accept no responsibility. We will not post a bid on your behalf.
(f) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
(g) We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice.
(h) Nothing in these Terms and Conditions is intended to limit or exclude any liability on our part where and to the extent that applicable law prohibits such exclusion or limitation.
(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the General Auctions Online indemnified parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the General Auctions Online indemnified parties arising out of or in connection with the performance of its duties as described in these Terms and Conditions (except as caused by the gross negligence or wilful misconduct of the General Auctions Online indemnified parties) including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission.
(c) You further agree to indemnify and hold us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the General Auctions Online indemnified parties) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these Terms and Conditions by you, or
(d) the infringement by you, or other user of the Service using your User ID and Password, of any intellectual property or other right of any person or entity. These indemnities are subject to “Our liability to you” and “Limitation of our liability to you”.
8. COLLECTION, INSURANCE AND RISK
(a) Details concerning collection of items by a Winning Bidder following the conclusion of an online auction are stated in the Sale Overview, All items will be held until you have paid all sums due to us as the Winning Bidder under the online auction.
(b) Unless otherwise expressly agreed in writing with you, any collection times specified by us in the Sale Overview or otherwise are business estimates only and we will not be liable to you for any loss or damage sustained by you as a result of our failure to comply with such details.
8.2 Risk and Title
If the item is to be collected by you from our or any other premises all risk and title in that item shall pass to you upon the conclusion of the auction. Although every effort will be made to ensure the safe keeping of goods, General Auctions Online will not be held responsible for any damage or loss of goods once with winning bid has been accepted.
The purchaser and/or the contractors appointed to remove any lots must be fully insured and conform to all of the current legislations relating to the nature of the work required for:-
a) Health & Safety
b) Waste Disposal
In the event that the item is withheld by us in accordance with these Terms and Conditions, risk in the item shall pass to you at such time as you would have been able to collect the item had we not been withholding them.
(a) Our online auction Privacy Statement (as it appears from time to time) is available on the Site. We will take all reasonable steps to abide by this policy and all users of the Site hereby agree to its Terms and Conditions and agree to act in accordance with the policy when using this Site.
(b) If you do not agree to the collection of this information and the other information specified in the online auction Privacy Statement, then do not accept the Terms and Conditions of this agreement.
(c) By accepting the Terms and Conditions of this agreement, you also consent to the following:
(i) Collection of a variety of personal information which is specified in greater detail in the Online Auction Privacy Statement. This information includes your address, gender, date of birth and contact details; in some cases, credit card details; bidding and buying activity at online auctions; and your use of our Site generally.
(ii) Use of the above personal information is for certain purposes specified in greater detail in the Privacy Statement. These purposes include internal use for improving the Service; meeting our obligations under the law; statistical analysis of usage of our Site to improve the Service; to utilise our content and product offerings and deliver promotional material to you (if you have opted for this service); and administrative purposes connected with the Site including for bidding at online auctions.
(iii) We may disclose your information in certain circumstances. These circumstances are specified in the Online Auction Privacy Statement.
10. CHOICE OF LAW AND VENUE
ALL DISPUTES RELATING TO THESE TERMS AND CONDITIONS BETWEEN BIDDERS AND GENERAL AUCTIONS LTD SHALL BE EXCLUSIVELY GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF ENGLAND.
BIDDERS AND GENERAL AUCTIONS ONLINE HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS OVER ANY CLAIMS, DISPUTE OR MATTER ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THEIR ENFORCEABILITY. EACH BIDDER ACKNOWLEDGES THAT GENERAL AUCTIONS ONLINE WOULD NOT PERMIT THE BIDDER TO REGISTER AS A BUYER IF THE TERMS OF THIS CLAUSE WERE NOT VALID, BINDING AND ENFORCEABLE.
Participants irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be effected.
These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails
(a) The Item Description will state whether the sale price of a lot is inclusive of Value Added Tax (VAT Inclusive) or exclusive of VAT (VAT exclusive).
(b) You acknowledge and agree that:
(i) if the sale price is VAT inclusive, VAT will not be added to the sale price however, the Buyer’s Premium is exclusive of VAT and this will be calculated on the sale price and payable by you at the same time as the sale price.
(ii) if the sale price is VAT Exclusive, VAT will be calculated on and added to the sale price, and the Buyer’s Premium (exclusive of VAT) will be calculated on the sale price and payable by you at the same time as the sale price.
12. FURTHER INFORMATION
12.1 Online Auctions
(a) All visitors to the Site should familiarise themselves with the Online Auction Rules before participating in the General Auctions Online auction Please note the Online Auction Rules are a summary only of these Terms and Conditions.
(b) General Auctions Online’s items are offered for sale subject to the specific details described with each item. General Auctions Online excludes, to the extent permitted by the Trading standards, all other warranties or conditions, whether express or implied, including, without limitation, implied warranties or conditions of merchantability or fitness for a particular purpose.
Please note: When buying at public auction, you are not protected by any purchaser protection acts. Once lots are purchased, they are yours. You can not change, return or make complaints as to their condition or lot description.
(c) Auction firms and consigning sellers are strictly prohibited by law from placing bids on their own behalf in order to alter or artificially increase the product price in an auction.
(d) General Auctions Online’s auctions are managed by General Auctions Ltd. Company No: 669043.
12.2 Time - Online Auctions
When bidding on General Auctions Online auctions the Time is reflected on the Home Page, Buy Page, My Account Page and other pages on the site.
13. DEFINITION AND INTERPRETATION
(a) Buyers Premium means that percentage of the Winning Bid Value as identified on the Sale Overview and payable by the winning bidder of an auction. The Buyer’s Premium is payable in addition to and at the same time as the Winning Bid Value, and will form part of the total Account Balance to be paid by the winning bidder for the purchase of the sale lot. The Buyers Premium is excusive of V.A.T and this amount (calculated at the current percentage) will be added on top of the specified Buyers Premium amount.
(b) Account Balance has the meaning given to it in clause 3.2 of these Terms and Conditions.
(c) Lot Description means the description of a product contained within the sale auction and identified with its individual ID Number.
(d) Online Auction Rules means those rules contained in the Auction Rules section.
(f) Product Information means any information posted by us on the Site in relation to any item posted by us for sale on the Site.
(g) Refresh Period means the time between nine minutes and one second and nine minutes and fifty nine seconds (inclusive), being the period that the Site’s timing mechanism has entered the tenth minute. For example:
(i) where a bid is placed at 2:53:00 pm, assuming there are no further placed, the auction will close at 3:03:00 pm;
(ii) where a bid is placed at 2:53:45 pm, assuming there are no further bids placed, the auction will close at 3:03:00 pm;
(iii) where a bid is placed at 2:54 pm, assuming there are no further bids placed, the auction will close at 3:04:00 pm.
(h) Sale Overview means the special Terms and Conditions and specifications attaching to a particular good which are accessed by the potential bidder upon entry to the online sale portal for that particular good, and prior to accessing the catalogue and lot view details.
(I) Service means the General Auctions Online auction service governed by these Terms and Conditions and any other conditions contained on the Site.
(j) Site means the General Auctions Online website (www.generalauctionsonline.co.uk)
(k) us/we means General Auctions Online, a division of General Auctions Limited, Company No: 669043 of The Auction Complex, 17 Brighton Road, Salfords, Surrey, RH1 5BT
(l) Winning Bid Amount means:
(i) The amount of the highest bid; or
(ii) where two or more bids are for the same price and quantity, the bid that was placed first.
(m) Winning Bidder means that bidder who has the highest bid at the conclusion of the online auction.
General Auctions Online endeavour to make every effort in providing authentic information. However, mistakes can happen. It is therefore recommended that you contact us to establish the data provided by us, should you wish to use it. General Auctions Online can in no way guarantee or assume liability for the accuracy of the information provided.