Terms and Conditions for Website Use

Please read these Terms and Conditions (Conditions) thoroughly before using our Website or creating an Account on our Website (each as defined below). These Conditions should be read in conjunction with our Privacy Policy and Cookie Policy

The online auction services offered through this Website are provided by Auction News Limited, company registration number 4331781 (Auctions News / we / us / our). By using this Website you agree to comply with and be bound by these Conditions which constitute a legally binding agreement between you and Auction News Ltd.

Contents

1. Definitions

2. Creating an Account

3. Your Obligations

4. Our Obligations

5. Content

6. Bidding

7. Our Liability

8. Interruption of Service, force majeure and termination

9. Viruses and hacking

10. Intellectual Property Rights

11. Data protection

12. About these Conditions

1) Definitions

For the purposes of these Conditions:

“Web User / you / your”
means any person who views or creates an account on the website.

“Auctioneer”
means the person or company who conducts the auction to sell goods on behalf of the vendor.

"Data Protection Laws"
means the UK Data Protection Laws relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party. 

"Intellectual Property Rights"
means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).

"Lot"
means any item or group of items put up for sale by auction on the Website, by the Auctioneer.

“Personal data”
means the information that relates to an identified or identifiable person who could be identified, directly or indirectly based on the information.

“Services”
means the online auction services offered on the Website to facilitate the sale of goods by Auctioneers

“UK Data Protection Laws”
means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

“Vendor”
means the person or company who has appointed the Auctioneer to sell goods on their behalf. The vendor is usually the owner of the goods or a person or a business with legal authority to sell the goods.

2) Creating an Account

Creating an Account is free and does not oblige you to bid on any Lots.

1. When you create an Account on the Website you will be asked to:

   • Supply information about yourself including your name and email address;

   • Choose your email preferences and categories of interest;

   • Confirm your agreement to these Conditions;

   • Confirm whether you are acting as an individual or in a business capacity; and

   • Verify your email address.

2. You must not register to bid if you are under 18 years of age.

3. You agree not to register with false or misleading information.

4. You must not create an Account for anyone other than yourself without our prior written permission.

5. You cannot and must not attempt to transfer your Account to anyone else without our prior written permission.

6. If you learn of any unauthorised use of your password or Account, you must immediately notify us by using the following email address: [email protected]

3)  Your obligations

You warrant and undertake that you:

1. agree to comply with these Conditions

2. agree that Auction News are not party to the contract for sale and purchase entered into between you and the Auctioneer;

3. agree that Auction News do not act as the seller or auctioneer of any Lot;

4. agree that Auction News does not act as an agent for you or the Auctioneer;

5. agree that Auction News may change or remove any of the services offered through our Website at any time, for whatever reason and without prior notice;

6. agree to indemnify Auction News against any claim that arises through your failure to act in compliance with these Conditions;

7. are not under 18 years of age;

8. will not use or access the Website in such a way as to deliberately cause Auction News any loss, damage or liability whatsoever;

9. will not deliberately cause any interference or disruption to the Website or cause it to become less efficient, effective or functional;

10. will not bypass measures which have been put in place to prevent or limit user access to the Website;

11. will not copy, modify, reproduce or store information held on the Website for commercial gain or to make a derivative product or competing service;

12. will not harvest or gather information stored on the Website to create a database in electronic or structured manual form or enable or allow others to do so for any purpose whatsoever; and

13. will not submit, enter or communicate any information or language into or via the Website which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal

4)  Our obligations

We will keep data only to enable us to provide you with the Services, for the performance of our obligations under these Conditions and for the purposes of marketing, where you have expressly opted-in to receive such information. Please see our Privacy Policy for more details.

1. We will provide our Services to you using a commercially reasonable and competent level of skill and care.

2. We will endeavour to always publish accurate information, however, we are dependent on the Auctioneers who supply us with this information for its accuracy.

3. Other than as expressly set out in these Conditions or any auction specific additional terms, neither Auction News nor its affiliates, suppliers or distributors make any specific promises or guarantees about the Services provided, the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. You must satisfy yourself to this regard.

4. Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, we exclude all warranties.

5. Auction News is PCI DSS (Payment Card Industry Data Security Standard) compliant and our status is reviewed and validated annually by our payment provider..

6. We do not store on or pass through our servers any credit/debit card details you enter on the Website.

5)   Content

1. Our Website displays content that is not owned by us. In addition, many auction listings and other pages on our Website link to other websites over which we have no control. This content is the sole responsibility of the third party that makes it available. If you are directed to another site which, for example hosts the auction bidding, you should carefully review and consider any terms and conditions  listed on that site before using it or placing a bid.

2. If we receive complaints about content, we will review this content to determine whether it is illegal, inappropriate or in violation of our policies and we may remove or refuse to display content that we reasonably believe violates our policies or the law. This does not necessarily mean that we review all content, so you should not assume that we do.

6)   Bidding

1. It is your full and sole responsibility to read the Lot description and Auctioneer’s terms and conditions of sale prior to joining an auction and making a bid. However, you should not rely exclusively on the Lot listing and photographs of any Lot listed on the Website as a complete and exhaustive description of an item. The photograph and description of the item are intended to be used as a guide only and should not be used to form a final opinion of an item’s suitability.

2. Some Auctioneers may allow viewing of Lots prior to the auction and it your responsibility to decide whether to view the Lots in person or rely on the accuracy of an item’s description and photographs prior to bidding.

3. You accept and acknowledge that the Auctioneer (not Auction News) is solely responsible for all representations, guarantees and warranties made with respect to all Lots listed on the Website, including without limitation:

   • description of Lots

   • photographs of Lots

   • statements relating to the quality, fitness for purpose and authenticity of Lots

   • statements relating to the title, legality and safety of Lots

4. Any dispute arising from inaccurate or misleading Lot descriptions or photographs is a matter between the Web User and the Auctioneer and any complaints should be directed to the relevant Auctioneer.

7)   Our liability

1. If you have any dispute, claim, action or right against an Auctioneer, you must pursue this independently and without recourse to Auction News.

2. Nothing in these Conditions limits any liability which cannot be legally limited, including liability for:

   • death or personal injury caused by negligence;

   • fraud or fraudulent misrepresentation; and

   • any other liability which cannot be limited or excluded under applicable law.

3. You agree that you will not hold us responsible for any loss, liability or damage that you might incur or otherwise suffer as a result of the following:

4. Use of this Website.

5. Unavailability of the Website, as access to the Website is not guaranteed and may be interrupted or become unavailable at any time.

6. Special, indirect and direct losses, negligence, consequential damage, loss of reputation, goodwill, contract, profits, revenues and all other losses arising out of our agreement with you.

7. Each party acknowledges that the allocation of risk and responsibility in these terms is reasonable because it reflects:

8. that it is not within our control how, and for what purposes, you use the Services

9. that we have not developed the Services specifically for you

10. that while we follow good industry practice, it is not economically possible for us to exhaustively test the software that supports the Services for every possible scenario

8)   Interruption of Service, force majeure and termination

1. Whilst we aim to provide an uninterrupted Service, unfortunately this is not always possible due to circumstances beyond our reasonable control. This may include, but is not limited to:

   • failure of our or your internet service provider

   • a distributed denial of service attack (where hackers deliberately overload networks with data in an effort to disable them)

   • lightning, flood, severe weather, fire, explosion, terrorist activities, pandemic or epidemic

   • industrial disputes.

2. We reserve the right to temporarily suspend the web service without notice to carry out repairs, maintenance or improvements. We will endeavour to keep these periods to an absolute minimum and to off-peak hours where possible, however, we will not be liable if the Website is unavailable at any time.

3. Wherever possible, we will provide advance warning on our Website of any known or planned interruptions and will try to ensure any interruption is kept to a minimum.

4. We will not be responsible or liable for any losses, delays or failures in the performance of our obligations attributed to any cause beyond our reasonable control including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics or epidemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, the internet, communications or computer software and hardware services.

5. If the preceding clause applies, we shall use reasonable efforts to resume performance as soon as practicable under the circumstances.

6. In addition to any other suspension and/or termination rights we may have under these Conditions, we may terminate your access to the Website and/or use of the Account if you breach any term of these Conditions and fail to remedy that breach (where remediable) within seven days of us notifying you to do so.

9)   Viruses and hacking

1. Except where we have acted negligently, we are not responsible for any loss or damage to your computer system or data that might occur as a result of using the Website.

2. We will make every effort to test and check the Website for computer hacks, viruses and other forms of malicious code, however, it is your responsibility to ensure that your computer systems and data are adequately protected from such attacks and you have suitable antivirus software in place.

10)  Intellectual Property Rights

1. We are the owner or the licensee of all Intellectual Property Rights in our Website, and the material published on it.

2. You may print off one copy and download extracts, of any page(s) from our Website for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3. If you print, copy or download any part of our Website in breach of these terms of use, we reserve the right to disable and/or terminate your use of the Website without notice and you must, at our request, return or destroy any copies of the materials you have made.

4. Our status and that of any identified contributors, as the authors of material on our Website must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining prior written authority from us.

5. Using our Services does not give you ownership of any Intellectual Property Rights in our Services, Website and/or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Conditions do not grant you the right to use any branding or logos used in our Services.

6. If you upload or otherwise submit content to our Services for which you own Intellectual Property Rights, you will continue to retain ownership of those rights. We reserve the right to disable and/or terminate without notice the Accounts of users who may be infringing the Intellectual Property Rights of others.

7. If you believe that your Intellectual Property Rights have been infringed in any way, please contact us providing all the relevant information.

• By email: [email protected] 

• By Post: Auction News Limited, 6 Somme Road, Derby DE22 2NP

11)  Data protection

1. When processing your Personal Data will comply with all applicable requirements of the Data Protection Laws.

2. Our privacy policy explains how we will collect, use, process, share and retain your Personal Data. For further information regarding our processing activities please click here Privacy Policy

12)  About these Conditions

1. We may vary these Conditions at any time by posting a revised version on our Website. Changes will not apply retrospectively and amended terms and conditions shall become effective immediately for new web users and from 30 days from the date of posting for existing web users.

2. If you do not agree to the modified Conditions, you should discontinue your use of the Services and the Website.

3. If there is any inconsistency between these terms and auction-specific additional terms, these Conditions will prevail to the extent of the inconsistency.

4. Unless it expressly states otherwise, these Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.

5. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions. If any provision of these Conditions is deemed deleted under this clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

6. These Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

7. You may not transfer this agreement for our Services to anyone else without our prior written permission.

8. Any provision of these Conditions that expressly or by implication is intended to have effect after termination (or expiry) of our agreement shall continue in full force and effect.

9. These Conditions and any dispute or claim (including non- contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.

10. Each party irremovably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Conditions or its subject matter or formation.