Terms and Conditions of Trade
Printable VersionThe 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. GENERAL
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
admin@generalauctionsonline.co.uk
(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. REGISTRATION
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.
(e) We will use your personal data strictly in accordance with
our Privacy Policy. We will not sell your personal information to other
mailing lists.
(f) You may request that your Account be closed by emailing us a
closure request, to admin@generalauctionsonline.co.uk. 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
4.1 Procedure
(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.
7.2 Indemnities
(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
8.1 Collection
(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
c)Environmental Protection
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.
9. PRIVACY
(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
11. VAT
(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.
(e) Privacy Policy means the statement contained in the Privacy Policy 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.
Disclaimer
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.