OLD SPORTS AUCTION LIMITED
Terms and Conditions of the user agreement.
This document describes the terms and conditions applicable to the use of services under the domain and sub domains of www.oldsportsauction.com (hereafter referred to as “the site”. If you do not agree to be bound by these terms you may not use or access our site and services. It is essential that you read and accept all of the terms and conditions contained in this agreement, expressly set out and those incorporated by reference, before you may become a user of the site. We reserve the right to amend these terms and conditions at any time by giving notice either by email, or by posting the amended Terms and Conditions on the site. Any amended conditions will be operative from the date that they are posted on the site. Existing users will be bound by the revised conditions thirty days from the posting of the revisions. Membership
- 1. Membership is restricted to persons over the age of 18 years, who must be registered with Old Sports Auction Limited (hereafter called “the Company”). If you are registered as a business entity, the authority to bind that organisation must be confirmed.
- 2. The member must choose a “User ID and Password, and shall only use those to access the site and all the facilities. It is the member’s responsibility to keep the ID and Password safe, and not allow them to be used by any other person.
- 3. The Company reserves the right to exclude any person it deems, in it’s sole opinion, to be unsuitable to be a user/member. In the event that this action is taken, the membership fee, if any has been paid, will be refunded.
Definition of the site function
- 1. www.oldsportsauction.com is providing the service and/or acting as an auctioneer in two forms – the ‘Continuous’ auction facility and the ‘Premier’ auction facility Continuous Auctions are a facility which allows registered users to place lots in the auction at any time, to be sold and purchased on the site, when the auction is concluded. NOTE Continuous Auctions - We do not review listings provided by vendors, we do not have possession of the items at any time, and we are not directly involved in the transaction between the buyer and the seller. Therefore we have no control over the accuracy, quality or legality of items posted on the site, or of the legality or title of the goods offered by the vendors. No assumptions must be made simply because of the listing, caveat emptor (let the buyer beware) is the guiding principle. The parties to the transaction accept total responsibility for the legality of the transaction. The Company does not at any time endorse or guarantee any information provided by the seller with regard to provenance or authenticity. Premier Auctions are a facility where lots are inspected, collated, photographed by site management and then placed into a pre-announced sale where date and duration of auction are given.
- 2. You must not put into the auction items which we do not permit to be sold on the site. Furthermore we do not accept any obligation to protect you from any unsafe items listed for sale.
- 3. Liability. In the event that you have any right , claim or action against any other user through the use of the site, you specifically agree to pursue such claim or action independently of and without recourse to the site or the operating Company. The user specifically excludes www.oldsportsauction.com (including the company, it’s officers, employees and associates or affiliates) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in connection with such claims or actions.
- 4. oldsportsauction.com is not responsible for the information provided on the site, use caution and common sense and practice safe trading when using the site. Your use of the site is with the agreement that these risks of dealing, are accepted by the users.
- 5. identity of the vendor and the purchaser will only be released to the parties to the contract agreed, when the commissions that are due on the sale and the purchase have been paid by both parties, directly to the Company.
Making Offers, Bidding and Buying
As a successful bidder, you have entered into a contract for sale, and you have a legal obligation to complete a transaction with a seller. If you make the highest offer for the item listed, and have met the applicable minimum or reserve requirements, and the auction concluded, unless the transaction is prohibited by law, or the terms of these terms and conditions, you have a legal obligation to complete the transaction. By making a bid for any item you agree to be bound by the conditions of sale included in the description, provided that these do not breach the terms and conditions of the site. Bids are only retractable in exceptional circumstances, such as when the description is materially changed by the seller, or when there is a clear and obvious typographical error, or if it is not possible to authenticate a seller’s identity. Successful bidders are notified by email after the bidding on a particular lot has closed, payment must be made within ten days of the issue of notification. Legal title will not pass until payment in full has been received for the lot. The right is reserved at the sole discretion of the Company, to put up again and resell any lot for which payment has not been received within the timescale allowed, without prior consultation with the successful bidder, who will than be liable to the Company for damages in respect of any loss arising to the seller or to the Company on any resale, together with the costs relating to both sales. Payments made be made by any of the following methods: Cash or cheque in $United States Dollars or £ Pounds Sterling Visa or Mastercard. Credit card payments are subject to a surcharge of 3.0%. Non credit card payments specifically agreed, in currency other than pound sterling will be converted to pound sterling at the exchange cross rate quoted in the Financial Times on the Friday immediately preceding the close of any auction, plus a 3% handling charge to cover currency conversion costs.
Descriptions of Lots
In making a bid for a lot, the member acknowledges that he has satisfied himself as to the physical condition and description of that lot, including but not restricted to whether the lot is damaged, or has been repaired or restored. Where a statement has been provided concerning the age of the lot, the stated age will be a matter of fact rather than conjecture. In the event that a factual age is not available, the Company may provide a calculated assessment, verified by a proven expert in the field, in which case this will be made clear. The bidder is responsible for obtaining clarification of the descriptions, prior to the close of bidding on any lot. Information and clarification made be sought from the Company via email or telephone.
If the successful bidder does not wish to collect the lot in person, the Company will offer to arrange for the item to be despatched. All lots with a sale value of £200 sterling or higher, will be sent by professional courier, and will be insured to the full value (subject to any maximum limit imposed by the courier). Lots with value below £200, will be despatched in a manner of the Company’s choice, unless instructions are received to the contrary. All costs for carriage and insurance must be met by the successful bidder, before despatch, and any claims for loss or damage on uninsured items will not be accepted by the Company. Listing and selling
- 1. As a seller you must ensure that you have the legal right to auction any item listed on the site in either type of auction, and that it is lawful to auction it in the United Kingdom (or the Country of your residence) or export it if the buyer is resident overseas. Continuous - must describe the item and all the terms of sale on the listing page of the site. Such listings may include text descriptions, graphics, photographs and other content relevant to the sale of that item. You are responsible for the content and have the right to use the material it contains. The more detailed explanations and specific exclusions are detailed in the Information section of these Terms & Conditions.
- 2. Our services will commence as soon as the contract form is sent to us. You acknowledge that you will not have the right to cancel any listing under the Consumer Protection(Distant Selling) Regulations 2000 or any equivalent legislation in your jurisdiction. The seller acknowledges that once the contract has been received and accepted by the Company, the Company reserves the right to charge a “buy back fee” in the event that the seller withdraws any lot or part of any lot, prior to the completion of the auction in which it has been entered. The standard buy back fee charged is 10% of the set reserve for the specific item withdrawn. If more than one item is withdrawn, the buy back fee is charged on each individual item so withdrawn. The fee is charged at the sole discretion of the Company and is not open for discussion or negotiation.
- 3. A seller who receives at least one bid, at or above the stated minimum acceptable offer or reserve price, must complete the transaction with the highest bidder at the completion of the auction; unless (a) the buyer fails to meet the conditions specified by the seller or (b) the seller cannot authenticate the buyer’s identity. A reserve is an amount below which the item will not normally be sold, however the seller has the right to amend the reserve price..
- 4. Fraud. Without limiting any other remedy, we may suspend or terminate your membership if we suspect that you have engaged or are engaging in, or in any way involved in, or are linked to fraudulent activity on or relating to the site.
- 5. You must not manipulate the price or in any way interfere with any other seller’s lots. Without limitation you must not: (a) make an offer for any lot where you are the seller, or to encourage others to bid on your behalf. (b) contact members making bids involved in an auction to offer similar or alternative items to the bidders in that auction or (c) make bids using a false user ID.
Acting as Agent
Old Sports Auction Limited acts only as an agent for the seller, and the seller warrants to the Company that they are entitled to sell. The seller agrees to indemnify the Company, it’s agents and the buyer against all claims or proceedings brought by persons entitled or purporting to have entitlement to the lot, and shall reimburse the Company, on demand, for any payment, expense, costs or any other loss or damage howsoever made, incurred or suffered as a result of a breach of this condition.
Description of Lots
The Company shall have complete discretion as to the following:
- 1. Whether to offer the property or lot for sale or not
- 2. The description of the property or lot on the website or other medium
- 3. The minimum bid required
- 4. Seeking the views of any expert
Payment to the Seller - Continuous different
The net proceeds of the sale will become due and payable to the Seller, 30 days after the date of the completion of the sale, provided that the Company has received the purchase price in full from the buyer. If by the due date payment has not been received from the buyer, the proceeds of the sale received late, will be forwarded to the seller seven days after receipt from the buyer. In the case of the buyer defaulting, the Company reserves the right to cancel the sale of the lot purchased and to return the goods to the seller.
Delivery and Return of Goods
All lots must be delivered to the registered address of the Company for correct cataloguing, unless alternative arrangements have been agreed in writing by the Company. Property returned at the request of the seller, or goods unsold, will be returned at the risk and expense of the seller. The goods will not be insured in transit unless the Company has received specific instructions and appropriate payment.
There is no cost of joining oldsportsauction.com. The membership fee may be amended at the discretion of the Company, due notice of any fee increase will be advised to new subscribers. You will also be responsible for the costs of accessing our site, and communicating with us or any other user. The fees charged to both the seller and the buyer for the facility of using the site are described in the Pricing List which forms part of these Terms & Conditions. Any changes to the pricing policy will be notified and will become effective fourteen days after the notification. We may choose to modify our pricing structure temporarily for the purpose of promotional activities. At our sole discretion, we may change or extend the range of some or all of our services at any time. In the event of the introduction of a new service, the pricing of the new service will be announced at the launch. Unless otherwise agreed, the fees are payable in pounds sterling, and Vat or other taxes any be added, should they apply to the transaction. Both buyers and sellers will be responsible for paying the fees, and any Vat or any other taxes associated, for the use of our services in the transaction. Each invoice, issued to both buyer and seller, will contain details of the Vat amount, if applicable, relating to the specific transaction. The payments due, must be paid by both parties, before the information and identity of both is released by the Company. The Company makes no inclusive charge for insurance. Insurance of all lots is the sole responsibility of the member. (see the clause relating to Carriage). The Company makes no inclusive charge for insurance. Insurance of all lots is the sole responsibility of the member. (see the clause relating to Carriage).
The basic cost of placing a lot on the Continuous Auction facility is Ninety nine pence, which includes the listing and one image. The cost of additional pictures is 20p per picture subject to a maximum of six images. The cost of displaying a lot in the gallery section of the site is 20p Items can be listed for 5, 7 or 10 days at no extra cost, and there is no additional charge for applying a reserve to any lot.
In addition to the basic cost a commission of 21% of the sale price will be charged to both seller and buyer for each completed transaction. Sellers of lots with a reserve of £50 or greater have the option of electing to pay an advance commission of 5% on the reserve price as the total commission payable on the sale.
There is no fee associated with lot listing for a Premier Auctions A Buyers Commission of 21% of the sale price will be charged. An agreed Sellers Commission will be between OSA and each consignor.
Payment for Continuous Auctions The payment mechanism is via Google Checkout. An account must be established by each participator by providing details of an active credit card account. Google charges are 15p per transaction plus 2% of the transaction value. On completion of the sale, and when and only when the buyer and seller have both paid the amounts due for commission on the sale to Old Sports Auction Ltd, the seller will be advised of the contact details of the buyer for each transacted lot, to enable the transaction to be concluded.
Any information that is provided to us or to other users in relation to the service provided, including registration, bidding, listing, descriptions, feedback or any other content you post on the site is your sole responsibility. The Company simply acts as an auctioneer for the conduct of the online auction of your material. The information you provide must not:
- 1. be false or in any way misleading.
- 2. be offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, or any other rights.
- 3. infringe any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- 4. be fraudulent or involve transactions in counterfeit or stolen items.
- 5. be in breach of applicable laws or regulations.
- 6. be obscene, indecent or contain any child pornography.
- 7. create liability or cause us to lose the services of our ISP’s or other suppliers.
- 8. are directly or indirectly associated with items that are prohibited under there terms and conditions, or are offered for sale on another website.
- 9. contain any computer virus, macro virus, Trojan horse, worms or anything else that would interrupt, disrupt or impair the operating procedures of computers, or disrupt the normal operating procedures to surreptitiously intercept access or expropriate any system data or information source.
- 10. cause the site to be interrupted, damaged or compromised in any way.
Access and Interference
Each member agrees that he will not monitor or copy web pages or content contained on the site, without prior written permission. No device, software or routine shall be used to interfere or attempt to interfere with the proper working of the site. The member also agrees not to take any action that will impose an unreasonable or disproportionately large load on the infrastructure. The site is updated on a real time basis, and is proprietory or licensed to us by third parties. It is specifically agreed by all members that they will not copy, reproduce, alter, modify, create derivative works or publicly display any content from the website without the prior written consent of the Company or the appropriate third party.
To enable your information to be used on the site, you grant us a non exclusive, world wide, perpetual, irrevocable, royalty free, sub-licensable licence to exercise the copyright, trade mark, publicity and database rights you have in your information, in any media. You also waive all moral rights you have in your information, to the fullest extent of the law.
The copyright of all images, illustrations and written material produced by or on behalf of the Company, relating to the provision of the services, shall remain the property of the Company at all times. They shall not be used without the prior written consent of the Company.
Breach of Terms and Conditions
Without limiting any other remedy, we may suspend or limit your activity on the site, issue a warning about procedure, or terminate your membership, without notice if you breach the Terms & Conditions in force, or if we believe that any of your actions could lead to financial loss or legal liability for the Company.
Warranty as to service
The Company does not at any time guarantee continuous, interrupted or secure access to our services. The operation of the site may suffer interference caused by numerous factors beyond our control. Our services are provided as and when available, and we exclude all implied warranties as to availability, timeliness or performance. In the event that a disruption of service occurs, the Company reserves the right, at it’s sole discretion, to extend the bidding period. This would only occur in the event of widescale interruption and not in the event of isolated short term problems. If the Company is prevented from performing it’s obligations under there Terms & Conditions by circumstances beyond it’s control, or if the performance of the obligation would give rise to significantly increased financial cost to the Company, it will not for the period in which the circumstances prevail, be required to perform such obligations.
You agree to indemnify and hold the Company, it’s officers employees and agents, harmless form any claim or demand, including reasonable legal fees, made by any third party due or arising out of your breach of these Terms & Conditions, or your violation of any law or the rights of any third party.
Third party rights
A person who is not a party to these terms has no right under the Contracts (Rights of Third parties) Act 1999 to enforce any term of this agreement.
The Terms and Conditions of the user agreement shall be governed by and construed in accordance with English Law and subject to the jurisdiction of the English Courts.
If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck out, and the remaining provisions shall remain in force and be enforceable.
Limitation of liability.
To the fullest extent permitted by the applicable law, Old Sports Auction Ltd, or any of it’s respective Directors, employees or affiliates or any other representative will not be liable for any loss or damages (whether direct or indirect, and whether caused by negligence or otherwise) which arise out of or in connection with the use of, or inability to use, the facilities or services offered through this website, including , but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss or damage of or of damage to property and claims of third parties, (even if any or all of the operators have been advised of the possibility of such loss or damages, or such loss or damages were reasonable foreseeable). This includes events resulting from:
- 1. the availability or performance of the service
- 2. the cost of obtaining any substitute services resulting from any goods, data, information or service, purchased or obtained or messages received or transactions entered into through or from the service
- 3. any unauthorised access to or alteration to transactions or data
- 4. any statements or conduct of any third party to the service, including any statements or conduct that may be threatening, defamatory, obscene, offensive , illegal or infringing or any other matter relating to the service.
Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence.
If this any other clause is unenforceable in whole or in part in any jurisdiction due to the relevant law, then in no event shall the total liability of the Company and all of it’s respective affiliates to all of the users, for all damages (including direct, indirect, punitive, incidental, consequential or exemplary damages) losses and claims (whether in contract, tort, including but not limited to negligence or otherwise) exceed the amount, if any, paid by the member for gaining access to the site.
These terms & conditions will prevail over any conditions of sale imposed by the seller. The headings used in these conditions are for convenience only and will not affect their interpretation.
CUSTOMER CONTACT E-MAIL – email@example.com
all customer queries will be answered within 48 hours
Company Registered Address:
Old Sports Auction Limited
76 Brierley Hill Road,
West Midlands DY8 5SJ
Tel: +44 (0)1384 75438 or +44 (0)1384 261616
Fax: +44 (0)1384 75438