Terms &
Conditions
Please find
below the terms of the "Terms & Conditions" for the web site “1pauctions.co.uk”.
Valid from the 1st
of January 2009 to all subscribers.
NOTE: Throughout the whole document, by “we”, “our”, “us”, we mean “1pauctions.co.uk”.
The following
“Terms & Conditions” have been defined in order for each visitor wanting to
become a subscriber to find out how our services can be used, how we use and
protect personal information, but also what is allowed and disallowed. To
become a full member of our community, you MUST read and fully accept all the
points present in this “Terms & Conditions” document. If you have any
further questions about our general principles, please do not hesitate to
contact us at any time through our “Contact Us” link.
IMPORTANT: By accepting our “Terms & Conditions”, you expressly agree
every aspects, and you therefore consent for us to use and disclose your
personal information the way defined in this “Privacy Policy”, that can be
found on our home page. If you do not agree with this statement, then please do
not register with us.
Legal Age for Subscription:
Please note that for legal reasons, 1pauctions.co.uk web site is ONLY
available for adults above 18 years old. Visitors under 18years old are
not allowed to subscribe to our web site, but they are allowed to use our
services under the supervision of their parents.
Your Personal Login Information:
Please note that your Login information (i.e. your User ID, and your
password) are your personal property and should only be detained by you as you
will be held responsible for any purchases or fees made with your personal
Login information. Your User ID must be unique and should contain the minimum
information about your private data (e.g. you should avoid using your family
name). If you decide to provide your Login information to another user, please
be aware that you accept to do so at your own risks. We strongly recommend you
not to give your account details to anyone for security purposes. If you think
that your Login information is no longer safe, please change your password
through our web site. If you require a change in your User ID, please contact
us directly; we reserve the right to decide on the procedure to do so.
We would like to remind our community that we are trying to do our
best in protecting all of your personal information that you provide to us.
Therefore we are using different known methods to block any unauthorised usage
of your personal account. Unfortunately, the internet has been proven to contain
security-holes, putting your security at risk. By subscribing to our web site,
you expressly declare understanding such risks and consequently accept them.
Collection of Personal
Information:
Any anonymous visitor can enter our web site with as limited amount
of access. If you decide to subscribe to our online web auction site, we will
require you to provide us with a minimum amount of relevant personal
information, which will be automatically collected by our services and kept in
our database. If you decide at any time during your subscription that the
information asked is too personal and you do not want to provide it to us, then
please do not continue the subscription process, unless the information was
optional (in this case leave the field empty).
Any information you provide to us must be your PERSONAL and CORRECT
information and we reserve the right to accept new subscribers after checking
the information provided. You MUST NOT, under any circumstances provide us with
incomplete, false or misleading personal information. We may also require you
to provide us with your banking details, so that we can charge you for any of
the online services that you would be using. Please NOTE that for every
subscriber, your personal IP address is recorded for further checks of your
identity.
The data collection is essentially used to improve our services to
satisfy your needs, and provide a better targeted advertisement. For example,
we shall keep in our database the categories the most watched, the area where you
come from, the items you have bided on, the items you have been watching, but
also any comments left by other users about your behaviour etc… We may from time to time
decide to provide to third parties this information BUT this will be done
without divulging your personal information, and as a group result rather than
individual.
By registering into our community, you expressly understand the
potential risk you may encounter in obtaining false and misleading information
from other subscribers. Indeed, although we try to identify each subscriber, it
is extremely difficult to verify all the information, being an online company.
Therefore, we cannot, and you must not expect us, to guarantee the correctness
of the information of any of our subscribers. By accepting to register with us,
you expressly accept such risks.
Please note that the usage of
Cookies is integrated in our online based auction site. A Cookie is a unique
string of letters and numbers that the web server stores in a file on your hard
drive. These files contain data about you and the computer system you are on
and the data is used by the web site to track your choices and custom tailor
responses for future visits. Depending on the Operating System and also
Internet Browser you are using, you can disable the Cookies, but please be
aware that some features on our web site may then no longer be accessible by
you.
Information Present in the Auction's Advertisement
The information that, as a seller, you provide on our web site to
describe the items you wish to sell MUST be:
- accurate to the best of your knowledge,
- describing the condition of the item(s) to the best of your
knowledge,
- containing the shipping methods that you are willing to accept,
- containing any important comments regarding the sale of the
item(s),
- in a test form, with the possibility to add up to four pictures,
- legally used to avoid breaching any Copyrights.
You MUST make sure that you do NOT provide, under any circumstances,
misleading or false statements in your description. You MUST also make sure
that the pictures you post in the item's description have not been tempered,
and that no manual modification was done to them.
Before placing an item for auction on our web site, you expressly
agree to take full responsibility in contacting your local authorities to make
sure that you are allowed to do so. 1pauctions and its team WILL NOT be held
responsible in the case you breach the law by advertising, selling or buying
any item on our web site.
By registering with our web site, you expressly accept and
understand the above statement, and you therefore agree to follow these
instructions. In the case we can prove that you have breached any of the above
statements intentionally, we will immediately suspend your account, and cancel
any live auctions. In the case you sell an item and provide a false
description, you will be obliged to refund in its entirety the amount paid by
the buyer, including any postage fees. In case of more complex or unresolved
disputes, we reserve our rights to provide your personal information to the
competent legal authorities.
As a small company, we intend to provide the best services to our
subscribers. We intend to provide a safe and pleasant site. Therefore, we have
some usage restrictions. Indeed, any subscriber must follow those restrictions,
anyone not complying with them could face an immediate blocking of their
account, and in more drastic situation, legal actions may be considered.
These restrictions are stated below:
- You MUST NOT discriminate, insult, abuse, or threaten any person or
entity,
- You MUST NOT use any obscenities, in any possible form,
- You MUST NOT declare any racist comments in any possible form,
- You MUST NOT advertise, sell or buy anything linked to terrorism,
- You MUST NOT advertise, sell, buy, or link to anything concerning
Child Porn
- You MUST NOT advertise, sell, buy, or link to any satanic
product(s),
- You MUST NOT advertise, sell or buy any illegal substance(s),
- You MUST NOT advertise, sell or buy any product that you have no
rights to,
- You MUST NOT advertise, sell or buy any stolen product(s),
- You MUST NOT advertise, sell or buy any shocking or disturbing
product(s),
- You MUST NOT advertise, sell, buy or divulge any confidential
information,
- You MUST NOT advertise, sell, buy any illegal music, videos, or
software,
- You MUST NOT use our web site to propagate any viruses in any
possible form,
- You MUST NOT breach the Copyrights or Trademarks of any entity,
We do our best to control the information provided on our web site
by our subscribers. To do so, we are using different techniques such as banning
specific words; we also try to check personally the majority of the
advertisements placed on our web site. But, as one may assume, this task cannot
be flawless, and it is therefore impossible for us to guarantee that some
shocking or disturbing advertisement won't be displayed.
It is therefore important that all our subscribers provide us with
any information concerning advertisements containing unacceptable or offending
words or products. By accepting our “Terms & Conditions” you therefore
expressly accept the risks of finding such information, and that you understand
the importance of providing us with this information, which becomes an
obligation in order to help us prevent it in the future.
1pauctions.co.uk
cannot be held responsible in any way for the misconduct of any of its
subscribers. We can only act upon applying the appropriate steps to remove any
advertisement containing non acceptable or offending words or products, as soon
as we are aware of it. We will also make sure that any subscribers abusing our
“Terms & Conditions” will be automatically and systematically banned from
our web site, and in more serious offences, they will be divulged to the proper
legal authorities and face possible legal action.
IMPORTANT
NOTE:
Please make sure you understand that we have no control on the items
put up for auction on our web site. We do not have any way of verifying the
descriptions of the items posted on our site. You therefore must understand and
agree that 1pauctions.co.uk and its team cannot be held responsible in any way
for any false or misleading advertisements. By registering to our web site, you
accept these terms and conditions, and therefore take full responsibility of
your own actions.
Copyright Infringement:
We respect the intellectual property of others, and we therefore ask
our subscribers to do the same. We may, in appropriate circumstances and at our
own discretion, disable and/or terminate the accounts of users who may be
infringing the intellectual property rights of others. We refuse to take any
responsibility for our subscribers infringing the intellectual property rights
of others, but we will fight against them. Please do not attempt to sell or
even advertise illegal copies of any music, videos, games, software, books etc…
We also would like our subscribers to take their responsibilities in
refusing to purchase any item infringing the intellectual property rights of
others BUT also contact us immediately to let us know of the infraction to our
rules.
Our Disclosure of Your Information:
1pauctions.co.uk and its team will
never voluntarily disclose your personal account information to any third
party. BUT in some rare occasions, we may have to divulge some or all
information concerning you; these exceptions are stated below:
·
1pauctions Community:
As soon as you subscribe to our online auction site, you
automatically become part of our community but only your User ID is displayed
throughout the Site and is therefore available to the public. Please note that
anyone will be able to access the information on User Id’s, such as: selling
items, bidding items, feedbacks etc, throughout the entire web site. This is
the reason why you must have a unique User ID and also why it is recommended
not to provide too much personal information in your User ID, otherwise you may
be recognised. If you are involved in a transaction, we may have to reveal your
email address to the other subscriber as part of the transaction, for payment
methods.
·
Legal Infringement :
In the case of any legal action, conflicts between subscribers,
fraud or any copyright infringement, 1pauctions.co.uk will fully co-operate
with law enforcement inquiries. By subscribing to our site, you expressly
authorise us to provide to the competent authorities with any of your personal
relevant information if an investigation on you has been commenced.
·
Hackers:
Although we are trying to protect the private information of our
entire community, and are taking all the required security steps to do so, we
cannot take any responsibilities in the case of hackers accessing your personal
information. But we will do our best to help you in such case.
Contacting You:
By accepting these “Terms & Conditions” you expressly agree that
we may use your personal contact information to send you e-mails regarding
targeted advertisements, special offers, newsletters (please note that you can
disable the option to receive our newsletter). You also agree on the presence
of advertisement banners.
We will also use our rights to access your personal information in
the case of problems between you and another user. We will then contact you
personally in order to resolve any issues, and avoid any litigation.
We allow our visitors to use our email services to send information
about specific items placed on auction on our web site. These email addresses
are not used for any other purposes, and will therefore not be kept in our
database nor provided to any other third party.
Buying, Selling, Payments & Fees:
Our web site is primarily used to submit auctions, involving
purchasing and selling items. When placing an auction, you expressly agree to
pay the fees as stated on the home page of our web site (under the link “Site
Fees”). You therefore must make all the necessary payments to clear out your
account balance on time. Every transaction or fee must be cleared within 30days
from its original date. For any account balance not cleared within that limit,
we reserve our rights to indulge a “Late Payment Fee” of 2% of the total owned
amount on a 30days basis (i.e. a “Late Payment Fee” of 24% of the total owned
amount on a Yearly basis).
Please note that we reserve our rights to change the fees of our web
site at any time. In the case this occurs, we will be informing all our
subscribers of the changes by email, and also through our newsletter. But it is
your duty to verify the fees before placing any items for auction. 1pauctions.co.uk
therefore will not be held responsible for any misunderstanding of the fees
payable, as they will always be clearly stipulated on our web site.
In the case you decide to place any bids on items, you expressly
declare that you are in the possession of the amount of your bid. You also
expressly understand that in the case you won the auction, you MUST complete
the transaction, and therefore fully pay the seller (unless an agreement
between you and the seller was reached) under the conditions defined in the
item's description, unless these conditions are unlawful or breach our “Terms
& Conditions”
Please note that in the case of non-paid fees by a seller, we
reserve the right to withhold the details of the buyer, until the fees are paid
in full.
You MUST NOT, under any circumstances, tamper with our web site in
the aim to proceed to some price changes, or even to modify your account
balance. In such situation, we will IMMEDIATELY take legal action against you,
and automatically suspend your account.
In case of abuses, we reserve the right to immediately block your
account, and take any legal action in order to resolve our financial issues.
NOTE: If you decide to establish a
credit account with us to pay the fees we charge for displaying your auctions,
we must collect some additional information, including (but not limited to) a
billing address, a credit card number and a credit card expiration date.
Un-subscribing:
You may use your right at any moment, (providing that you have
cleared your account balance with us and any subscriber you may be involved
with), to close your account with our web site community. To do so, we will
require a written request sent through the contact us link. We will then, upon
verification of your balance, remove your information from our community.
In case of any legal infringements or disputes, we reserve our right
to preserve your information in order to provide any evidence to the competent
authority.
Legal Terms:
You expressly agree that 1pauctions.co.uk and its employees cannot
be held responsible in any way for any misconduct of any of its subscribers.
You also agree that we cannot be held responsible for any loss, theft, fraud,
damage, or non-payments while you are visiting and/or using our web site. By
accepting our “Terms & Conditions” you therefore consent that, following
the terms and conditions stipulated in this document, you will not take any
legal actions against 1pauctions.co.uk and its employees, and that any legal
actions taken by a third party against you shall not affect us in any way.
You also expressly agree that any bad conduct from your behalf, as
stipulated in this document, gives us the right to immediately cease your
on-site activities, and commence any legal action against you, and divulge your
personal information, if we consider that you have breached our terms and
conditions agreement.
You also expressly agree that we cannot be held liable in the case
of activity cessation. In the case that we must temporarily close our
activities, you MUST accept the consequences. Our site could be forced to close
at any time due to some maintenance, due to some hackers tampering with our
site, due to viruses, etc.
In case of any legal infringement or dispute, we reserve the right
to preserve your information in order to provide any evidence to the competent
authority.
Amending our “Terms & Conditions”:
Please note that we reserve our rights to amend our “Terms &
Conditions” at any time in order to adapt it to the constant change of the
internet world, and of the Data Collection Management. The modifications will
be notified in our newsletter, and on our “Hot News” section present in our
Home page.
For new subscribers, the amended terms of our “Terms &
Conditions” should take immediate effect, whilst for older subscribers, a delay
of ONE Month from the date the “Terms & Conditions” is updated will be provided
to them to either accept the terms or reject them by unsubscribing to our web
site. Please note that any old subscriber not resigning his subscription with
us within the one month notice, will be automatically considered as accepting
the Terms of the amended terms of our “Terms & Conditions”.