Termini e condizioni dell'offerente
Bidder Terms (for BidSpotter.co.uk and other applicable sites) are below. Also below is a short summary of the key provisions of our terms and your responsibilities as a user of our website or that of the Auctioneer where it is supported by Auction Technology Group.
Please read these Bidder Terms carefully before you start to use the website and/or the auctioneer site in order to receive the online auction services. We recommend that you print a copy of these terms for your records. By using the website and/or the auctioneer site in order to receive the online auction services you indicate that you accept these Bidder Terms (including on behalf of your Business (as defined below) if relevant) and that you and your Business (if relevant) agree to abide by them. If you do not agree, please refrain from using the website and/or auctioneer site to receive the online auction services.
Please note that it is the responsibility of the auctioneer and/or the seller (to the extent relevant) to inform you of any cancellation rights (if any) you may have if you are a consumer in relation to any lot you may purchase using Auction Technology Group's online auction services as Auction Technology Group is not acting as the seller of any lot or as the auctioneer.
Summary of Bidder Terms
We highlight some key terms below:
What We Do for You
- We provide online auction services (more particularly described in paragraph 2 of the Bidder Terms and defined as the Online Services) that facilitate online bidding at auctions. The Online Services are only a means of communication to participate in auction sales and we are not an online auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you, the bidder, and the auctioneer and/or their principal.
- We are not in control of the information made available by auctioneers which you access via the Online Services. We cannot therefore make any representations, warranties or guarantees in connection with what the auctioneer may offer for sale through the Online Services or otherwise.
- We do not charge you, the bidder, for your use of the Online Services. We are paid by auctioneers to provide the Online Services to potential bidders.
What You Agree To Do
- Use the website, the auctioneer site and the Online Services in accordance with the Terms. In particular you agree that we can change modify or remove any of the Online Services without notice and without reason at any time. You also agree that our liability and that of our affiliates is limited in accordance with paragraph 10 of the Bidder Terms.
- You also agree to indemnify us against any claim action, or right against us that arises through your act, omission or breach of the Bidder Terms and also in respect of any taxes, duties and levies that may apply where we agree to deliver any lots for you.
- If you are registering to use the website and/or the auctioneer site and receive the Online Services (in accordance with clause 3.2 of these Terms) on behalf of a company, partnership, sole trader, limited liability partnership or any other person (your "Business") you warrant represent and undertake that you have authority to (i) act on behalf of your Business; (ii) bind your Business to these Terms; and (iii) bind your Business to any contract or arrangement entered into as a result of receiving the Online Services (including any agreement entered into with an Auctioneer). You acknowledge that where you do not have the authority to act on behalf of your Business and bind your Business in accordance with (i) to (iii), above, you will remain personally liable to Auction Technology Group in respect of these Bidder Terms and personally liable in respect of any agreement entered into with an Auctioneer as a result of receiving the Online Services.
- By accessing Auction Technology Group's website (currently www.BidSpotter.co.uk or such other site or sites we use to provide the Online Services (defined below) as notified to you from time to time) ("Website") or being linked to these terms, or accessing, the site of an auctioneer ("Auctioneer") which is supported by Auction Technology Group ("Auctioneer Site") in order to receive the Online Services and/or by registering to receive the Online Services (whether through the Website, the Auctioneer Site, or otherwise) you agree to be bound by these terms and conditions, which constitute a legally binding contract between you (defined in these terms as the "Bidder User") and Auction Technology Group. Please note that we retain an internal record of whether you have agreed to these Bidder Terms and/or (where relevant and through the use of our Online Services) to any relevant auctioneer terms (see clause 3.2.3 below).
- These Bidder Terms are additional to Auction Technology Groupa's Website Terms, and the Auctioneer Site's general website terms and conditions (if any) which may also apply (provided that in the event of any conflict or inconsistency these Bidder Terms shall prevail). Please note that our contract terms are currently only offered in English language versions.
- For the purposes of these Bidder Terms Auction Technology Group shall mean Metropress Limited (a Company registered in England and Wales with company number 01010311) with its registered office at 65 Southwark Street, London, SE1 0HR, United Kingdom), tel No: +44 (0) 203 725 5555, email address: firstname.lastname@example.org
- Metropress Limited's VAT number is: 927 5121 29
- These Bidder Terms are subject to change to reflect legal and business development applicable to Auction Technology Group. Auction Technology Group reserves the right to amend them at any time. Notification of this amendment shall be effected by posting the new terms and conditions on the Website, the Auctioneer Site and/ or notifying Bidder Users by e-mail. Amended terms and conditions shall become effective; (1) for new Bidder Users immediately; (2) for existing Bidder Users 30 days from the date of posting.
- Notwithstanding paragraph 1.5, above, Auction Technology Group may from time to time seek to improve the Online Services and improve the functionality of the Website and/or the Auctioneer Site for the benefit of Bidder Users ("Improvements"). Where Auction Technology Group make such Improvements, Auction Technology Group are entitled to vary these Bidder Terms with immediate effect. Any changes to the Bidder Terms made by Auction Technology Group as a result of Improvements will not apply to Online Services already provided under the previous version of the Bidder Terms.
- These Bidder Terms replace all previous terms and conditions.
Services provided by Auction Technology Group to Bidder Users
Access to and participation in "Timed Auctions" (including Tender Auctions).
Access to and participation in "Live Auction Webcasts".Live auctions are traditional auction sales conducted by an auctioneer that take place at a physical location. A Live Auction Webcast allows the Bidder User to participate in the auction either by placing Automatic Bids (defined below) in advance of the auction or, when available, during the auction. Access to Live Auction Webcasts is only open to Bidder Users who have registered and been approved in accordance with paragraph 3.2 in order to be able to bid in the auction in question.
The Automatic Bid is at the risk of the Bidder User.Subject always to clause 10 Auction Technology Group accepts no responsibility for and shall not be liable for the communication and placement of Automatic Bids including (but not limited to) any direct or indirect loss that may occur;
- for any other reason
- Auction Technology Group will at no time be agent for the Bidder User and/or the Auctioneer; and
GeneralAuction Technology Group reserve the right to change, modify or remove all and/or any of the Online Services at any time (with or without notice to the Bidder User) and without reason.
Responsibilities of the Bidder User
Bidder user access
Registration and user credentials
If the Bidder User wishes to use the Website and/or the Auctioneer Site in order to receive the Online Services or make use of any of the Online Services the Bidder User must:
- register with and be approved by Auction Technology Group; and
- If the Bidder User wishes to use the Website and/or the Auctioneer Site in order to receive the Online Services or make use of any of the Online Services the Bidder User must:
Protecting Auction Technology Group, the Auctioneer and the Online Services.
The Bidder User warrants and undertakes that:
No shill bidding
Duration of the Online Services
- Unless terminated earlier as provided in these Bidder Terms, the Bidder User's registration, approval, and/or right to use the Online Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one auction.
The Website, the Auctioneer Site (if applicable) and the Online Services are only a means of communication to participate in auction sales and Auction Technology Group are not 'an online auctioneer'
- Auction Technology Group act only as host and the Website, the Auctioneer Site (if applicable) and Online Services act only as a means of communication intended to provide online access to the Auctioneer's auction. Bids may be made and accepted utilising the technology inherent in the Online Services. Without prejudice to paragraph 3.4 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the terms and conditions provided by the Auctioneer for that sale and not Auction Technology Group, as more particularly described in paragraph 7 below. The Bidder User is responsible for independently ensuring that they are aware of those terms and conditions and undertake to bid in accordance with those terms and conditions.
- Auction Technology Group is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is Auction Technology Group acting as agent for any such person. Auction Technology Group shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.
- No joint venture exists or shall exist between Auction Technology Group and any party.
- No franchise exists or shall exist between Auction Technology Group and any party.
- No partnership exists or shall exist between Auction Technology Group and any party.
Charges and Tax etc Indemnities
- Auction Technology Group does not charge Bidder Users for accessing the Website, the Auctioneer Site (if applicable) or using the Online Services.
The Auctioneer may charge Bidder Users in respect of auction bids or otherwise through commission payments or other charges. Please note the Auctioneer may also take a deposit directly from a Bidder User or make deposit arrangements when the Bidder User signs-up for an auction. The Bidder User acknowledges that any charges or commission arrangements that the Auctioneer may make for the Online Services are a matter between the Bidder User and the Auctioneer and are not the responsibility of Auction Technology Group. It is the responsibility of the Bidder User to check it is happy with any charges or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.
- the Bidder User signs up for more than one auction; or
("Deposit(s)")The Auctioneer may use the Website or Auctioneer Site (if applicable) to:
- hold the Deposit(s) for future auctions; or
- allow the Bidder User to use the Deposit(s) as part payment of the full purchase price of an item.
- The Bidder User acknowledges that any charges, Deposit(s) or commission arrangements that the Auctioneer may make or require for the Online Services or in respect of an auction are a matter between the Bidder User and the Auctioneer and are not the responsibility of Auction Technology Group. It is the responsibility of the Bidder User to check it is happy with any charges, Deposit(s) or commission arrangements before bidding or otherwise incurring any liability to the Auctioneer.
- Payment, refunds and/or Deposit(s) due to or from the Bidder User may be dealt with via a third party payment processor (as more particularly described in paragraph 11.3) or the Auctioneer may, at its sole discretion, arrange a refund of the Deposit(s) via any other method (including but not limited to cheque or BACs). In any event, Auction Technology Group will not be directly involved in or responsible for such payments.
- Each Auctioneer will have their own terms and conditions ("Auctioneer Terms"): these terms and conditions may differ from those of another Auctioneer. A Bidder User accepts that in bidding at an auction they accept the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of these terms and to abide by them.
Whilst it is the responsibility of the Bidder User to read the Auctioneer Terms and to comply with them, the Bidder User is reminded that under English auction law and practice the following provisions typically apply (subject to any contrary provisions in the Auctioneer Terms):
- the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;
- Also, the submission of commission or Automatic Bids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or Automatic Bids are made or facilitated by using the Website, the Auctioneer Site and/or the Services these Bidder Terms shall apply.
Additional Auction Methods
From time to time, an Auctioneer may use one of the following optional auction methods. Please see individual Auctioneer Terms.
- The lot prices in the methods detailed in 8.1, 8.2 and 8.3 exclude buyer's premium, VAT and any additional charges that may be charged by an Auctioneer and will be subject to the Auctioneer's Terms governing each bid.
No representation and warranties
- Auction Technology Group makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Online Services or otherwise.
The Bidder User accepts that the Auctioneer is solely responsible for any undertaking, representation and/or warranties ("Representation") made in respect of a lot, including but not limited to:
- Representation as to quality of lots;
- Representation as to the description of lots;
- Representation as to fitness for purpose of lots;
- Representation as to truth or accuracy of statements made;
- Representation as to authenticity or provenance in respect of lots;
- Representation as to legality of lots;
- Representation as to title of lots;
- Representation as to the liability of any party to the contract to complete the transaction.
- Auction Technology Group has no knowledge as to, or responsibility for, the safety of lots. The Bidder User must not pre-suppose that all lots are risk free and not dangerous to the Bidder User. Auction Technology Group do not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots.
- Auction Technology Group have no knowledge as to, or responsibility for, the legality of lots. The Bidder User must not pre-suppose that all lots are lawfully sold in the relevant jurisdiction. Auction Technology Group do not accept any responsibility to protect Bidder Users from any illegality arising from their purchase or use of lots.
- Auction Technology Group is not in control of the information made available by Auctioneers accessed via the Online Services. The Bidder User accepts that Auction Technology Group is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.
- Auction Technology Group does not warrant that the Website and the Auctioneer Site (if applicable) is free from infection by viruses or any other technologically harmful material that may infect the Bidder User's computer equipment, computer programs, data or other proprietary material ("Bidder User's Computer System") arising out of the Bidder User's use of the Website or the Auctioneer site. The Bidder User accepts that Auction Technology Group does not accept responsibility to protect the Bidder User's Computer System from such viruses or other contamination or destruction. Subject to paragraph 10.2.1, below, Auction Technology Group will not be liable for any loss or damage to the Bidder User's Computer System caused by a distributed denial-of-service attack.
Provision of the Online Services not guaranteed.
Limitation of liability generally and for the Online Services
Personal information/debit/credit card details
- In completing the bidder registration and providing debit/credit card details and unless alternative arrangements are agreed with the Auctioneer the Bidder User (i) authorises the Auctioneer to charge the debit/credit card given in part or full payment, including all fees (including where such fees may lawfully be charged any re-listing fees), for items successfully purchased at auction via the Website (or the Auctioneer Site) should the Auctioneer wish to do so, and (ii) warrants and represents that they are authorised to provide these debit/credit card details through the Website (or the Auctioneer Site) and agrees that the Auctioneer is entitled to ship the goods to the card holder name and cardholder address provided in fulfilment of the sale.
Data Collecting and Sharing
- The Bidder User will keep confidential any information received from Auction Technology Group in connection with the Online Services and will not use the information other than as necessary to access and use the Online Services as expressly contemplated by these Bidder Terms. This restriction shall not apply to the extent the information (a) enters the public domain through no fault of the Bidder User; or (b) is required by law to be disclosed.
- In no event shall Auction Technology Group be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or Auction Technology Group's or its subcontractor's IT systems, and the Auctioneer Site, fire, severe weather conditions, industrial dispute, labour disturbance, delay by any government or public or local authority, including the customs of any country where the goods are carried shall without limitation be deemed to be events beyond Auction Technology Group's reasonable control.
Third party rights
- This agreement is only intended for the benefit of the parties (i.e. Auction Technology Group and the Bidder User) and where expressly provided the Auctioneer and Auction Technology Group's affiliates and subcontractors. The consent of the Auctioneer or Auction Technology Group's affiliates and/or subcontractors is not required to amend or vary these terms.
- These Terms constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties in respect of its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.
- Each of the parties acknowledges and agrees that in entering into an agreement based on these Terms it does not rely on any statement not contained within these Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.
- Auction Technology Group may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.
- These Bidder Terms shall be governed by and shall be construed in accordance with the law of England and Wales. Each party agrees to submit to the exclusive jurisdiction of the English courts in any claim or matter arising under or in connection with these Bidder Terms. This is without prejudice to Auction Technology Group's right to commence proceedings anywhere in the world relating to the protection of its intellectual property rights or those of its licensors.